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We are experienced in helping Americans living
overseas, along with nonresident and resident aliens, to
unravel the complexities of tax treaties and dual nationality
issues.
Here
are the top 10 most frequently asked questions concerning expat
issues:
- What is the foreign income exclusion and how
does it apply to me?
In general, if you are
a U.S. citizen or resident alien of the U.S. who lives abroad, the
United States taxes you on your worldwide income, but you may
elect to exclude a certain maximum amount of your earned income.
This maximum was $82,400 for income earned in 2006. U.S.
government employees are generally ineligible.
Beginning in
2006, the calculation of the amount of tax due for individuals
electing the exclusion changed dramatically. Generally, you no
longer may subtract the excluded amount from your total income (on
page 1 of your Form 1040) and compute the tax that follows from
the reduced taxable income. You must now compute your regular tax
by a formula:
a) Compute your taxable income as under the
old rules, then add the excluded amount to the result; figure your
tax on the increased taxable income.
b) Figure your tax as
though the excluded income were your only taxable income.
c)
Subtract b) from a). Your tax is the difference between the
two.
Alternative minimum tax is computed similarly.
- What about the foreign housing exclusion or
deduction?
The basic conditions are the same as for
the foreign earned income exclusion. The housing exclusion applies
to amounts paid by your employer. The housing deduction applies to
amounts paid with self-employment earnings. As with the income
exclusion, U.S. government employees are generally
ineligible.
However, also as with the earned income
exclusion, the computation of the exclusion or deduction changed
radically. The general rule for the so-called "housing cost
amount" is that it is the qualified foreign housing expenses you
pay, but limited to 30 percent of your foreign earned income
exclusion for the year, less 16 percent of your foreign earned
income exclusion for the year. This in effect limits the maximum
housing cost amount to $82,400 x 14%, or $11,536, although if you
live in certain high-cost localities, you may be able to claim an
increased housing cost amount.
- Where do I file my U.S. tax
return?
Mail it to the Internal
Revenue Service,
Austin Service Center
- When is my U.S. tax return due?
April
15 of the following year, for calendar-year taxpayers, to avoid
the imposition of interest charges. Generally, if you live outside
the U.S. and are a U.S. citizen or resident alien, you are granted
an automatic extension to file until June 15, but interest will be
charged from April 15 on any balance due.
- What about moving expenses?
To
deduct these, you must meet distance and time (worked at new
location) tests, and the move must be closely related, in both
time and place to the start of work at your new location.
Generally, you can deduct the unreimbursed cost of moving your
household goods plus transportation to your new home, excluding
meals. Expenses incurred that apply to foreign excluded income
cannot be deducted.
- What if I marry a foreign citizen or
national?
A U.S. citizen or resident can elect to
treat a nonresident alien spouse as a U.S. resident for federal
income tax purposes. This election will permit you to file a joint
return, but your spouse’s worldwide income will be subject to U.S.
tax.
- I pay foreign taxes. Can I deduct
them?
Generally, foreign income taxes or taxes having
the characteristics of an income tax, and real estate taxes are
deductible as itemized deductions. Foreign income taxes can also
generally be credited against U.S. income tax, as long as the
foreign taxes aren’t paid on excluded income.
- What about state income taxes while I’m
abroad?
Every state has its own rules on who must
file and how they are taxed. Some states don’t impose an income
tax at all. Generally, if a state considers you a resident
according to its laws, you must continue to file returns and pay
taxes as a resident of the state.
- Where do I get U.S. tax forms?
There
are many ways. The best is via the internet (www.irs.gov). Also,
try Tax Fax. TAX-FORM works inside the U.S. but it may
not be accessible for international telephone calls. Or, contact
your nearest U.S. embassy or consulate.
- Am I a nonresident alien or a resident alien
(in the U.S.)?
You are considered a nonresident alien
if you are not a U.S. citizen, unless you meet one of the two
tests to be considered a resident alien. These are the green card
test and the substantial presence test. The first deals with INS
registration and the second with the number of days you are
present in the U.S.
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