Many expats have gone years thinking they don’t owe any US taxes, only to find out they’re delinquent on years of payments to the IRS. Don’t worry. We’re here to help.
There are many people who are unaware that they have a tax filing obligation to the United States, and this is because the US taxes all citizens on their worldwide income, regardless of their place of residence.
This means that a US citizen can be born and reside in another country, work locally and pay taxes to their local government, and yet, still be required by law to report annual income to the US.
Over the last ten years, many more people have become aware of their filing obligation to the US. This is a result of the Foreign Account Tax Compliance Act (FATCA) that was passed in 2010. This act addressed the reporting of foreign financial accounts to the US. As a result, OECD member nations committed to international taxation standards frequently referred to as CRS (common reporting standards). Banks in member OECD countries are now involved in the automatic information sharing initiative. These banks are required to actively gather information on the foreign status of their account holders. Banks began to request of their clients to fill in forms, such as the W-9 form stating their status as US citizens and asking them to confirm that they were compliant with their tax filing obligation. Suddenly, US Expats realized that indeed they had a tax filing obligation to the US which had not been met. As these requests by banks became more widespread, more and more Expats were made aware of their obligation and the question many asked was ‘now what?’
The IRS answered that question in 2012 with its launch of the Streamline Offshore Program as a means of allowing taxpayers to make up for their filing delinquency and become compliant. This program was further developed over the next few years. It includes filing three years back of delinquent tax returns and six years of Fbars. One must also sign a certification of non-willful conduct. Entering into this program allows taxpayers to come clean without having to pay any penalties for delinquency or late filing of past returns or Fbars. This has been a huge relief to many taxpayers as the penalties can be high, with Fbar penalties up to 50% of the taxpayer’s foreign bank account balance.
One needs to have been physically outside of the US for at least one full year of the last three delinquent tax years (years in which the tax filing due date for the calendar tax year has passed) in order to be eligible. If one had a US abode during that year, it would disqualify him from entering into the Streamline Offshore Program. A person’s abode is considered to be the place of his family, economic and personal ties. Additionally, the individual must demonstrate that his filing delinquency was unintentional and non-willful.
The IRS recently ended the DIIRSP which stands for Delinquent International Information Return Submission Procedures, which was one of its amnesty programs for international taxpayers. This program allowed Expats to get up to date with their tax filing while avoiding penalties for years not filed due to reasonable cause.
This serves as a reminder that the IRS amnesty programs were not made to remain permanent and can be discontinued at any time. For international taxpayers who are not up to date with their tax filing this should serve as a wakeup call to take the necessary steps to becoming compliant.
It is unknown until when the Streamline Program will be available. It is therefore advisable to enter into this program while it is still an option, to be able to become compliant while avoiding penalties. As the IRS continues to crack down on international tax evasion, Expats are urged to take the necessary steps to become compliant while this program still exists.
Get a free 15-minute consultation with one of our customer success team members where we will confirm your filing requirements and discuss any further tax needs.
A document support team member will send you a clear and organized list of all the documents required. You can download your documents on our secure client portal at any time. You also have the option of emailing us directly.
Your dedicated expert will optimize your tax return, ensuring the best results for your unique requirements.
Once completed, your return will be sent to you for review, along with authorization forms to sign together with your invoice. As soon as payment is confirmed, we will file your tax returns.
Although you are no longer a resident of the United States, as a US citizen you are required to report all sources of worldwide income to the IRS. This includes but is not limited to employee wages; interest and dividends (schedule B); self-employment income (Schedule C); capital gains and losses (Schedule D and Form 8949); rental real estate, royalties, partnership, S corporations, estates, trusts, REMICs and other supplemental income (Schedule E).
To answer this question, an examination of the US tax-treaty with your foreign country of residence is required. However, generally speaking, the country where the income is earned has first rights to taxation. In that case, you can either exclude your foreign earned income, or use your foreign taxes paid as a credit to offset your US tax liability.
Up to $105,900 is excludable for tax year 2019, and up to $107,600 for 2020. If filing a joint tax return with your spouse, then each spouse can exclude up to this amount.
Yes. To qualify for the exclusion, you must satisfy the bona fide residence test or the physical presence test. See income tax returns/foreign earned income exclusion
Yes. You can file jointly provided that your spouse receives an individual taxpayer identification number (ITIN) and a section 6013(g) election is timely made. See ITIN application process and election to treat non-resident alien spouse as a US resident.
Yes, once the election is made it remains in effect for all subsequent tax years except for years in which the election is suspended or terminated. If neither spouse is a US citizen or resident during any given tax year, the election is automatically suspended for that tax year. Termination of the election occurs when either spouse files a statement of revocation on or before the filing due date of that year’s tax return. The election is automatically terminated with the death of either spouse or legal separation under divorce or separate maintenance decree.
Yes. Provided your children are U.S. citizens during the tax year at hand and their social security numbers were issued before the filing deadline of the return. If you provide over half of your child’s support you can file as head of household, which may provide additional tax relief.
Yes, as long as your children are US citizens. See child tax credit.
Yes, unless the US signed a Totalization agreement with your country of residence, whereupon you are not required to pay social security tax on foreign earned self-employment income. Countries that have signed such agreements with the US are Australia, Austria, Belgium, Canada, Chile, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Japan, Luxembourg, Netherlands, Norway, Poland, Portugal, Slovak Republic, South Korea, Spain, Sweden, Switzerland and the United Kingdom
Yes, provided that it is an educational institution eligible to participate in the US Department of Education’s student aid program. A list of recognized foreign institutions can be found on the federal student aid website. See “Income tax returns” for more info.
Expats who live outside the United States and establish their main place of business outside the United States are entitled to an automatic two-month extension. Therefore, their tax returns are due on June 15th instead of April 15th. A statement stating that an individual meets the requirement for the automatic two-month extension should be included with the return. An additional four-month extension of time to file can be requested using Form 4868.
Yes. Up to $250,000 from the sale of your primary residence (if married filing jointly the exclusion is $500,000) can be excluded, provided you meet the ownership and use tests. However, gains in excess of the excludable amount are taxable in the United States and cannot be excluded with the foreign income exclusion. Foreign taxes paid on the sale of the asset can be used to offset US taxes via the foreign tax credit (form 1116). However, such gains may be subject to the 3.8% Net Investment Income Tax (form 8960) which cannot be offset by foreign tax credits.
If you own 10% or more of the total value of the corporation’s stock or the combined voting power of stock, you may need to file Form 5471, report of US person with interest in foreign corporations. There is a $10,000 penalty imposed for each annual accounting period whereupon the information is not provided on time. However, the IRS has certain programs/procedures that may be followed to absolve the taxpayer from penalties. See Streamlined Filing Procedures
Although you are no longer a resident of the United States, as a US citizen you are required to report all sources of worldwide income to the IRS. This includes but is not limited to employee wages; interest and dividends (schedule B); self-employment income (Schedule C); capital gains and losses (Schedule D and Form 8949); rental real estate, royalties, partnership, S corporations, estates, trusts, REMICs and other supplemental income (Schedule E).
This is an option but beware of the exit tax. Individuals with a net worth of over $2,000,000, an average net annual income tax liability of over $162,000 over the last five years or individuals that do not certify their tax compliance over the past five years, will be subject to the exit tax. The Tax Code (Under Section 877A) stipulates that all assets owned by an individual are deemed to be sold on the day the US citizen surrenders his citizenship. Any gain on the sale of the assets will be taxed as a US capital gain. The payment of tax can be deferred until the asset is actually sold. However, this deferment of tax will result in interest accrual.
Please refer to business entities, where we outline possible business structures to consider. We highly recommend consulting with an experienced professional to choose which business entity will be most tax advantageous and also give a level of liability protection. Tax treaties must be considered to determine the tax consequences in your specific foreign residence.
A tax return that is being filed to claim a tax refund, whether due to over-withheld taxes or tax credits, can be filed up to three years after the original due date of the tax return.
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Lila Amireh
US Expat
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Emanuel Grunwald
US Expat
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Sara Leah Weisenberg
US Expat
10% of your friend’s first year’s payment off your next year’s tax return’s invoice. Just make sure your friend lets us know who referred them!