For E-2 treaty investors and their advisers

E-2 Investor Tax, by Country

The E-2 visa is about immigration; the tax questions are the same everywhere but the treaty details differ by country. Pick your country.

E-2Form 5472ResidenceTreaties

Quick answer

Are E-2 investors US tax residents?

Usually, once they live in the US most of the year: E-2 is not an exempt-individual category under IRS Pub 519, so days count under the substantial presence test. The company files its own returns.

Prepared by Illuminous Accounting · Sources checked November 11, 2026

At a glance

Who it is for
E-2 treaty investors and their US companies
Same everywhere
E-2 days count for US tax residence; company files Form 1120 or LLC returns, plus Form 5472 while foreign-owned
What differs
E-2 treaty date, income tax treaty tie-breaker, social security agreement
Canada
See our E-2 page for Canadian founders

Pick your country

E-2 dates from the State Department treaty countries list; residence articles from the income tax treaties on irs.gov; social security agreements from the SSA list. Checked November 11, 2026.

CountryE-2 treaty in force sinceIncome tax treaty residence articleSocial security agreement
AustraliaDecember 27, 1991Article 4 (Residence)Since October 1, 2002
AustriaMay 27, 1931Article 4 (Resident)Since November 1, 1991
BelgiumOctober 3, 1963Article 4 (Resident)Since July 1, 1984
DenmarkDecember 10, 2008Article 4 (Residence)Since October 1, 2008
FranceDecember 21, 1960Article 4 (Resident)Since July 1, 1988
GermanyJuly 14, 1956Article 4 (Residence)Since December 1, 1979
IrelandNovember 18, 1992Article 4 (Residence)Since September 1, 1993
IsraelMay 1, 2019Article 3 (Fiscal Residence)None
ItalyJuly 26, 1949Article 4 (Resident)Since November 1, 1978
JapanOctober 30, 1953Article 4 (Residence)Since October 1, 2005
MexicoJanuary 1, 1994Article 4 (Residence)None
The NetherlandsDecember 5, 1957Article 4 (Resident)Since November 1, 1990
New ZealandJune 10, 2019Article 4 (Residence)None
NorwayJanuary 18, 1928Article 3 (Fiscal Residence)Since July 1, 1984
The PhilippinesSeptember 6, 1955Article 3 (Fiscal Residence)None
PolandAugust 6, 1994Article 4 (Fiscal Residence)Since March 1, 2009
PortugalMarch 15, 2024Article 4 (Residence)Since August 1, 1989
RomaniaJanuary 15, 1994Article 3 (Fiscal Residence)Since September 1, 2026
South KoreaNovember 7, 1957Article 3 (Fiscal Domicile)Since April 1, 2001
SpainApril 14, 1903Article 4 (Residence)Since April 1, 1988
SwedenFebruary 20, 1992Article 4 (Residence)Since January 1, 1987
SwitzerlandNovember 8, 1855Article 4 (Resident)Since November 1, 1980
ThailandJune 8, 1968Article 4 (Residence)None
TurkeyMay 18, 1990Article 4 (Resident)None
The United KingdomJuly 3, 1815Article 4 (Residence)Since January 1, 1985

The same three questions for every investor

Which entity and filings for the business (Form 5472, Form 1120); how the money goes in; and when you become a US tax resident, which for E-2 investors is decided by the substantial presence test (IRS Pub 519). From Canada? See E-2 taxation for Canadian founders. Forms we handle: forms we prepare.

Common questions

Is there a minimum E-2 investment?

USCIS does not state a fixed minimum; the investment must be substantial in relation to the cost of the business and the enterprise may not be marginal.

Do E-2 days count for the substantial presence test?

Yes. E-2 is not one of the exempt-individual categories in IRS Pub 519.

Sources

Every rule and figure on this page links to the IRS, CRA or other official source it comes from. Amounts change; we re-check them before each engagement.

Gurleen Kaur, CPA licensed in British Columbia and Washington State. Last updated November 11, 2026. This page is general information, not tax or legal advice for your situation.

Related guides: E-2 for Canadian founders, For immigration lawyers, Moving to the US by country.

E-2 investor? Request a quote

Tell us your situation in a few lines. We confirm whether we can help, what records matter and the next step. Substantive advice begins under a paid diagnostic or signed engagement.

Prepared and signed by a licensed US CPA who can represent you before the IRS. Verify Gurleen Kaur's Washington licence (#41150) on CPAverify

By submitting, you agree that Illuminous Accounting may use this information to respond to your inquiry. Please do not include account numbers or other sensitive documents. If we work together, documents come in through our secure client portal, never by email. Read our privacy notice.

Gurleen Kaur, CPA licensed in British Columbia and Washington State · Verify in the CPABC directory or the Washington Board of Accountancy · Read our Google reviews · 15518 103A Ave #10, Surrey, BC V3R 1N7