The Taxation of U.S. Citizens and Resident Aliens Abroad

International Training Tax Year 2007

Instructors

Jewel Vanderhoef 600 Dr. MLK, Jr. Place, Room 622 Louisville, KY 40202 Cell: (502) 572-2158

Resident Aliens Abroad

• Resident Aliens Abroad are almost always Lawful Permanent Residents (Green Card Holders) because a resident alien by virtue of the Substantial Presence Test will cease to be a resident alien after he leaves the USA.

• A Lawful Permanent Resident (LPR) who stays outside the USA for more than 1 year is susceptible to having his LPR status revoked. However, USCIS will usually not begin the revocation process until the LPR attempts to re-enter the USA after more than a 1-year absence.

Resident Aliens Abroad

• The IRS will continue to treat all LPR’s as resident aliens until one of the following has occurred: – The alien has voluntarily abandoned his LPR status and has turned in his Green Card; – USCIS has administratively revoked the alien’s LPR status; or – A federal court has judicially revoked the alien’s LPR status.

Gross Income

• U.S. citizens and resident aliens are required to report their gross income on a U.S. tax return from all sources worldwide, no matter in which country they live.

• For this reason, it is not unusual that U.S. citizens and resident aliens encounter situations involving double, triple, or quadruple taxation by 2 or more countries.

Relief from Multiple Taxation

Because of potential exposure to multiple taxation by various countries, U.S. citizens and resident aliens may find relief from multiple taxation by means of: • The Foreign Earned Income Exclusion • The Foreign Tax Credit • Tax Treaty Provisions

Filing Requirements

If you are a U.S. citizen or resident alien living or traveling outside the United States, you generally are required to file U.S. income tax returns, estate tax returns, and gift tax returns and pay estimated tax in the same way as those residing in the United States. Your income, filing status, and age generally determine whether you must file a return. Generally, you must file a return if your gross income from worldwide sources is at least the amount shown for your filing status in the Filing Requirements table in Chapter 1 of Publication 54 Tax Guide for U.S. Citizens and Resident Aliens Abroad.

Filing Requirements

• •

Where To File

• If any of the following situations apply to you, file your return with the: Internal Revenue Service Center Austin, TX 73301-0215 • You claim the foreign earned income exclusion.

• You claim the foreign housing exclusion or deduction.

• You use an APO or FPO address.

• You live in a foreign country.

Filing Requirements

•

When To File and Pay

• If you file on the calendar year basis, the due date for filing your return is April 15 of the following year. If you file on a fiscal year basis (a year ending on the last day of any month except December), the due date is 3 months and 15 days after the close of your fiscal year. In general, the tax shown on your return should be paid by the due date of the return, without regard to any extension of time for filing the return.

Filing Requirements

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Extensions Automatic 2-month extension. You are allowed an automatic 2-month extension to file your return and pay any federal income tax that is due if you are a U.S. citizen or resident, and on the regular due date of your return:

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You are living outside of the United States and Puerto Rico and your main place of business or post of duty is outside the United States and Puerto Rico, or You are in military or naval service on duty outside the United States and Puerto Rico.

Filing Requirements

•

Automatic 6-month extension.

If you are not able to file your return by the due date, you generally can get an automatic 6-month extension of time to file (but not of time to pay). To get this automatic extension, you must file Form 4868. Or, you can file Form 4868 electronically by using your personal computer, or through a tax professional. For more information about filing electronically, see the form instructions.

Filing Requirements

Extension of time to meet tests

• You can get an extension of more than 6 months to file your tax return if you need the time to meet either the bona fide residence test or the physical presence test to qualify for either the foreign earned income exclusion or the foreign housing exclusion or deduction.

Filing Requirements

You should request an extension if all three of the following apply: • You are a U.S. citizen or resident.

• You expect to meet either the bona fide residence test or the physical presence test, but not until after your tax return is due. • Your tax home is in a foreign country (or countries) throughout your period of bona fide residence or physical presence, whichever applies.

Filing Requirements

How to get an extension.

• obtain an extension, you should file Form 2350 with the Internal Revenue Service Center, Austin, TX, 73301-0215 • You must file Form 2350 by the due date for filing your return. Generally, if both your tax home and your abode are outside the United States and Puerto Rico on the regular due date of your return and you file on a calendar year basis, the due date for filing your return is June 15.

Filing Requirements

Election to File Joint Return

• If, at the end of your tax year, you are married and one spouse is a U.S. citizen or a resident alien and the other is a nonresident alien, you can choose to treat the nonresident as a U.S. resident. This includes situations in which one of you is a nonresident alien at the beginning of the tax year, but a resident alien at the end of the year, and the other is a nonresident alien at the end of the year.

Filing Requirements

If you make this choice, the following two rules apply: • You and your spouse are treated, for income tax purposes, as residents for all tax years that the choice is in effect • You must file a joint income tax return for the year you make the choice

Filing Requirements

Treaty Benefits

: • Generally, neither you nor your spouse can claim tax treaty benefits as a resident of a foreign country for a tax year for which the choice is in effect and you are both taxed on worldwide income. However, the exception to the saving clause of a particular tax treaty might allow a resident alien to claim a tax treaty benefit on certain specified income. You must file a joint income tax return for the year you make the choice, but you and your spouse can file joint or separate returns in later years.

Filing Requirements

How To Make The Choice

• Attach a statement, signed by both spouses, to your joint return for the first tax year for which the choice applies. It should contain the following: – A declaration that one spouse was a nonresident alien and the other spouse a U.S. citizen or resident alien on the last day of your tax year, and that you choose to be treated as US residents for the entire tax year, and – The name, address, and social security number (or individual taxpayer identification number) of each spouse. (If one spouse died, include the name and address of the person making the choice for the deceased spouse.)

Filing Requirements

TIN for Spouse: • If your spouse is a nonresident alien and you file a joint or separate return, your spouse must have either a Social Security Number (SSN) or an Individual Taxpayer Identification Number (ITIN).

Filing Requirements

It may be advantageous to choose to treat your nonresident alien spouse as a U.S. resident and file a joint income tax return. Once you make the choice, however, you must report the worldwide income of both yourself and your spouse.

Filing Requirements

Head of Household

• If you are a U.S. citizen married to a nonresident alien you may qualify to use the head of household tax rates.

• Although your nonresident alien spouse cannot qualify you as a head of household, you can qualify if another individual qualifies you for that status.

Foreign Currency

Foreign Currency

• You must express the amounts you report on your US tax return in US dollars. If you receive all or part of your income or pay some or all of your expenses in foreign currency, you must translate the foreign currency into US dollars. Information about currency conversion can be found at: www.irs.gov

Gross Income

Gross Income

• This includes all income you receive in the form of money, goods, property, and services that is not exempt from tax. In determining whether you must file a return, you must consider as gross income any income that you exclude as foreign earned income or as a foreign housing amount. If you are self-employed, your gross income includes the amount on line 7 of Schedule C (Form 1040), Profit or Loss from Business, or line 1 of Schedule C-EZ (Form 1040), Net Profit from Business.

Foreign Bank Accounts

Report of Foreign Bank and Financial Accounts (Form TD F 90 22.1)

• Form TD F 90-22.1

must be filed if you had any financial interest in, or signature or other authority over, a bank, securities, or other financial account in a foreign country. You do not have to file the report if the assets are with a U.S. military banking facility operated by a U.S. financial institution or if the combined assets in the account's) are $10,000 or less during the entire year.

• You must file this form by June 30 each year with the Department of the Treasury at the address shown on the form. Form TD F 90-22.1 is not a tax return, so do not attach it to your Form 1040.

• In addition, you may be liable for filing Form 3520 or Form 3520-A if you made contributions to or received income from a foreign trust or received a gift from a foreign person.

Foreign Earned Income Exclusion

• Also known as the “911 Exclusion” • The foreign earned income exclusion, the foreign housing exclusion, and the foreign housing deduction are based on foreign earned income. For this purpose, foreign earned income is income you receive for services you perform in a foreign country during a period your tax home is in a foreign country and during which you meet either the bona fide residence test or the physical presence test.

Foreign Earned Income Exclusion

• Examples of Foreign Earned Income – Salaries and Wages – Non-Employee Compensation – Commissions – Bonuses – Professional Fees – Tips

Foreign Earned Income Exclusion

Earned income includes amounts paid to you as allowances or reimbursements for the following items: • Cost of living • Overseas differential • Family • Education • Home leave • Quarters • Moving

Foreign Earned Income Exclusion

Amounts Not Included In Foreign Earned Income

• The previously excluded value of meals and lodging furnished for the convenience of your employer • Pension or annuity payments including social security benefits • Pay you receive as an annuity contract employee of the U.S. Government • Amounts included in your income because of your employer's contributions to a nonexempt employee trust or to a nonqualified • Recaptured unallowable moving expenses • Payments received after the end of the tax year following the tax year in which you performed the services that earned the income

Foreign Earned Income Exclusion

Reimbursement of Moving Expenses

Earned income may include reimbursement of moving expenses. You must include as earned income: • Any reimbursements of, or payments for, nondeductible moving expenses • Reimbursements that are more than your deductible expenses and that you do not return to your employer • Any reimbursements made (or treated as made) under a nonaccountable plan , even if they are for deductible expenses (A nonaccountable plan is any plan that does not meet the rules for an accountable plan described in Chapter 5 of Publication 15, (Circular E), Employer's Tax Guide), and • Any reimbursement of moving expenses you deducted in an earlier year

Foreign Earned Income Exclusion

Source of Earned Income

• The source of your earned income is the place where you perform the services for which you received the income. Foreign earned income is income you receive for performing personal services in a foreign country; however, income from self-employment may be subject to SELF-EMPLOYMENT & MEDICARE TAX . Where or how you are paid has no effect on the source of the income. For example, income you receive for work done in France is income from a foreign source even if the income is paid directly to your bank account in the United States and your employer is located in New York City.

Foreign Earned Income Exclusion

If you are a U.S. citizen or a resident alien of the United States and you live abroad, you are taxed on your worldwide income. However, you may qualify to exclude from income up to $85,700 of your foreign earnings. In addition, you can exclude or deduct certain foreign housing amounts.

Foreign Earned Income Exclusion

Requirements

: To claim the foreign earned income exclusion, the foreign housing exclusion, or the foreign housing deduction, you must have foreign earned income, your tax home must be in a foreign country, and you must be one of the following: • A U.S. citizen who is a bona fide resident of a foreign country or countries for an uninterrupted period that includes an entire tax year • A U.S. resident alien who is a citizen or national of a country with which the United States has an income tax treaty in effect and who is a bona fide resident of a foreign country or countries for an uninterrupted period that includes an entire tax year, or • A U.S. citizen or a U.S. resident alien who is physically present in a foreign country or countries for at least 330 full days during any period of 12 consecutive months

Foreign Earned Income Exclusion

Foreign Country

• The term "foreign country" does not include U.S. possessions such as Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, the U.S. Virgin Islands, or American Samoa. For purposes of the foreign earned income exclusion, the foreign housing exclusion, and the foreign housing deduction, the terms "foreign," "abroad," and "overseas" refer to areas outside the United States, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, Puerto Rico, the U.S. Virgin Islands, and the Antarctic region. The term "foreign country" does not include ships and aircraft traveling in or above international waters. Nor does it include offshore installations which are located outside the territorial waters of any individual nation.

Foreign Earned Income Exclusion

Tax Home In Foreign Country

• To qualify for the foreign earned income exclusion, the foreign housing exclusion, or the foreign housing deduction, your tax home must be in a foreign country throughout your period of bona fide residence or physical presence abroad.

• The Rules about determining one’s tax home are found in Rev.Rul. 93-86.

Foreign Earned Income Exclusion

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Bona Fide Residence Test You meet the bona fide residence test if you are a bona fide resident of a foreign country or countries for an uninterrupted period that includes an entire tax year.

Foreign Earned Income Exclusion

Statement To Foreign Authorities

• You are not considered a bona fide resident of a foreign country if you make a statement to the authorities of that country that you are not a resident of that country and the authorities hold that you are not subject to their income tax laws as a resident. If you have made such a statement and the authorities have not made a final decision on your status, you are not considered to be a bona fide resident of that foreign country.

Foreign Earned Income Exclusion

Uninterrupted Period Including Entire Tax Year

• To qualify for bona fide residence, you must reside in a foreign country for an uninterrupted period that includes an entire tax year. An entire tax year is from January 1 through December 31 for taxpayers who file their income tax returns on a calendar year basis. During the period of bona fide residence in a foreign country, you can leave the country for brief or temporary trips back to the United States or elsewhere for vacation or business.

• To keep your status as a bona fide resident of a foreign country, you must have a clear intention of returning from such trips, without unreasonable delay, to your foreign residence or to a new bona fide residence in another foreign country.

Foreign Earned Income Exclusion

Physical Presence Test

• You meet the physical presence test if you are physically present in a foreign country or countries 330 full days during a period of 12 consecutive months. The 330 qualifying days do not have to be consecutive. The physical presence test applies to both U.S. citizens and resident aliens.

• The physical presence test is based only on how long you stay in a foreign country or countries. This test does not depend on the kind of residence you establish, your intentions about returning, or the nature and purpose of your stay abroad.

Foreign Earned Income Exclusion

330 Full Days

• Generally, to meet the physical presence test, you must be physically present in a foreign country or countries for at least 330 full days during the 12-month period. You can count days you spent abroad for any reason. You do not have to be in a foreign country only for employment purposes. You can be on vacation time.

Foreign Earned Income Exclusion

How To Figure The 12-month Period

There are four rules you should know when figuring the 12-month period: • Your 12-month period can begin with any day of the month. It ends the day before the same calendar day, 12 months later • Your 12-month period must be made up of consecutive months. Any 12-month period can be used if the 330 days in a foreign country fall within that period • You do not have to begin your 12-month period with your first full day in a foreign country or to end it with the day you leave. You can choose the 12-month period that gives you the greatest exclusion • In determining whether the 12-month period falls within a longer stay in the foreign country, 12-month periods can overlap one another.

Foreign Earned Income Exclusion

Exceptions to the Bona Fide Residence and the Physical Presence Tests: • U.S. Travel Restrictions – If you are present in a foreign country in violation of U.S. law, you will not be treated as a bona fide resident of a foreign country or as physically present in a foreign country while you are in violation of the law. Income that you earn from sources within such a country for services performed during a period of violation does not qualify as foreign earned income. Your housing expenses within that country (or outside that country for housing your spouse or dependents) while you are in violation of the law cannot be included in figuring your foreign housing amount.

Foreign Earned Income Exclusion

The countries to which travel restrictions apply and the effective dates of the restrictions are as follows: • Cuba - January 1, 1987 through the present (Still in effect) • Iraq - August 2, 1990 through July 29, 2004 • Libya - August 2, 1990 through September 20, 2004 • More information on these restrictions may be found in Notice 2003-52 and Revenue Ruling 2005-3. These rulings may be updated from time to time & Publication 54.

Foreign Earned Income Exclusion

Individuals whose activities in Iraq and Libya are or were permitted by a specific or general license issued by the Treasury Department’s Office of Foreign Assets Control (OFAC) were not in violation of U.S. law. Accordingly, the restriction did not apply to such individuals with respect to the activities permitted by the license. Refer to

Notice 2003-52

.

Foreign Earned Income Exclusion

Choosing The Foreign Earned Income Exclusion

• The foreign earned income exclusion is voluntary. You can separately choose the foreign earned income exclusion and the foreign housing exclusion by completing the appropriate parts of Form 2555. Your initial choice of the exclusions on Form 2555 or Form 2555-EZ generally must be made with: – a timely filed return (including any extensions), – a return amending a timely filed return, or – a late-filed return filed within 1 year from the original due date of the return (determined without regard to any extensions).

Foreign Earned Income Exclusion

Foreign Tax Credit

• Once you choose to exclude either foreign earned income or foreign housing costs, you cannot take a foreign tax credit for taxes on income you can exclude. If you do take the credit, one or both of the choices may be considered revoked.

Foreign Earned Income Exclusion

Which Form to File

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Form 2555 and Form 2555-EZ

can use Form 2555-EZ deduction. requested.

Form 2555 can be used to claim the foreign earned income exclusion. It must be used to claim the foreign housing exclusion or deduction. In some circumstances you to claim the foreign earned income exclusion. You must attach Form 2555 to your Form 1040 or 1040X if you claim the foreign housing exclusion or the foreign housing • If you cannot use Form 2555-EZ, you must attach Form 2555 if you claim the foreign earned income exclusion. Form 2555 shows how you qualify for the bona fide residence test or physical presence test, how much of your earned income is excluded, and how to figure the amount of your allowable housing exclusion or deduction. Do not submit Form 2555 or Form 2555-EZ by itself. See the instructions for the forms if you are not sure about the information

Foreign Earned Income Exclusion

Form 2555-EZ is a form that has fewer lines than Form 2555. You can use this form if all seven of the following apply: • You are a U.S. citizen or a resident alien • Your total foreign earned income for the year is $85,700 or less • You have earned wages/salaries in a foreign country • You are filing a calendar year return that covers a 12-month period • You did not have any self-employment income for the year • You did not have any business or moving expenses for the year • You are not claiming the foreign housing exclusion or deduction

Foreign Earned Income Exclusion

Foreign Housing Exclusion or Deduction

• In addition to the foreign earned income exclusion, you can also claim an exclusion or a deduction from gross income for your housing amount if your tax home is in a foreign country and you qualify under either the bona fide residence test or the physical presence test .

• Please consult Publication 54 for the details about claiming the Foreign Housing Exclusion or Deduction.

Foreign Tax Credit

If you • paid or accrued foreign income taxes • to a foreign country or foreign tax jurisdiction • on foreign source income, and • are subject to U.S. tax on the same income you may be able to take either a credit or an itemized deduction for those taxes. Taken as a deduction, foreign income taxes reduce your U.S. taxable income. Taken as a credit, foreign income taxes reduce your U.S. tax liability. In most cases, it is to your advantage to take foreign income taxes as a tax credit.

Foreign Tax Credit

Once you choose to claim either: • the foreign earned income exclusion or • The foreign housing exclusion or deduction you cannot take a foreign tax credit for taxes on income you can exclude. If you do take the credit, one or both of the choices may be considered revoked.

Foreign Tax Credit

• • • • Generally, the following four tests must be met for any foreign tax to qualify for the credit: The tax must be imposed on you You must have paid or accrued the tax The tax must be the legal and actual foreign tax liability The tax must be an income tax (or a tax in lieu of an income tax)

Foreign Tax Credit

Foreign Country

• A foreign country includes any foreign state and its political subdivisions. Income, war profits, and excess profits taxes paid or accrued to a foreign city or province qualify for the foreign tax credit.

Foreign Tax Credit

U.S. Possessions

• For foreign tax credit purposes, all qualified taxes paid to U.S. possessions (such as Puerto Rico, Guam, The Commonwealth of the Northern Mariana Islands, the U.S. Virgin Islands, and American Samoa) are considered foreign taxes.

Foreign Tax Credit

Joint Return

• If you file a joint return, you can claim the credit based on the total of any foreign income tax paid or accrued by you and your spouse.

Foreign Tax Credit

Tax Must Be the Legal and Actual Foreign Tax Liability

• The amount of foreign tax that qualifies is not necessarily the amount of tax withheld by the foreign country. Only the legal and actual foreign tax liability that you paid or accrued during the year qualifies for the credit. The amount of the deductible foreign tax must be reduced by any refunds of foreign tax made by the government of the foreign country or the U.S. possession.

Foreign Tax Credit

Tax Must Be an Income Tax

• Generally, only income, war profits, and excess profits taxes (income taxes) qualify for the foreign tax credit. Foreign taxes on wages, dividends, interest, and royalties generally qualify for the credit. Furthermore, foreign taxes on income can qualify even though they are not imposed under an income tax law if the tax is in lieu of an income, war profits, or excess profits tax. See Publication 514 Income Taxes.

for Taxes in Lieu of

Foreign Tax Credit

Income Tax

• • Simply because the levy is called an income tax by the foreign taxing authority does not make it an income tax for this purpose. A foreign levy is an income tax only if it meets both of the following tests: It is a tax; that is, you have to pay it and you get no specific economic benefit from paying it The predominant character of the tax is that of an income tax in the U.S. sense

Foreign Tax Credit

Figuring the Credit

• You can claim a foreign tax credit only for foreign taxes on income, war profits, or excess profits, or taxes in lieu of those taxes. In addition, there is a limit on the amount of the credit that you can claim. You figure this limit and your credit on Form 1116. Your credit is the amount of foreign tax you paid or accrued or, if smaller, the limit.

Foreign Tax Credit

Carryback or Carryover

• If you have foreign taxes available for credit but you cannot use them because of the limit, you may be able to carry them back to the 2 previous tax years and forward to the next 10 tax years. Refer to Carryback and Carryover in Publication 514, Foreign Tax Credit for Individuals .

Foreign Tax Credit

Treaty Considerations

• Certain tax treaties have special rules that you must consider when figuring your foreign tax credit. Refer to “Tax Treaties” in Publication 514.

Foreign Tax Credit

Exemption From Foreign Tax Credit Limit

• • • • You will not be subject to this limit and will be able to claim the credit without using Form 1116 if the following requirements are met: Your only foreign source gross income for the tax year is passive income. Passive income is defined in Publication 514 and Form 1116 Instruction. Your qualified foreign taxes for the tax year are not more than $300 ($600 if filing a joint return) All of your gross foreign income and the foreign taxes are reported to you on a payee statement (such as a Form 1099-DIV or 1099-INT) You elect this procedure for the tax year If you make this election, you cannot carry back or carry over any unused foreign tax to or from this tax year.

Foreign Tax Credit

• •

Foreign Tax Credit - Choosing To Take Credit or Deduction You can choose each tax year to take the amount of any qualified foreign taxes paid or accrued during the year as a foreign tax credit or as an itemized deduction. You can change your choice for each year's taxes.

To choose the foreign tax credit, you generally must complete Form 1116, Foreign Tax Credit attach it to your U.S. tax return. Refer to (Individual, Estate, Trust, or Nonresident Alien Individual) and How To Figure the Credit . To choose to claim the taxes as an itemized deduction, use Schedule A (Form 1040) , Itemized Deductions.

Foreign Tax Credit

Choice Applies to All Qualified Foreign Taxes

• As a general rule, you must choose to take either a credit or a deduction for all qualified foreign taxes.

• If you choose to take a credit for qualified foreign taxes, you must take the credit for all of them. You cannot deduct any of them. Conversely, if you choose to deduct qualified foreign taxes, you must deduct all of them. You cannot take a credit for any of them.

Foreign Tax Credit

Foreign Currency

• You must express the amounts you report on your U.S. tax return in U.S. dollars. If you receive all or part of your income or pay some or all of your expenses in foreign currency, you must translate the foreign currency into U.S. dollars. For information about converting to U.S. dollars from foreign currencies refer to Foreign Currency and Currency Exchange Rates Form 1116 Instructions on irs.gov.

• However on Part II of Form 1116, you must enter the amount of foreign taxes, in both the foreign currency denomination(s) and as converted into U.S. dollars. See for more information.

Foreign Tax Credit —Special Issues

Tax Treaties

• The United States is a party to tax treaties that are designed, in part, to prevent double taxation of the same income by the United States and the treaty country. Many treaties do this by allowing you to treat U.S. source income as foreign source income. Certain treaties have special rules you must consider when figuring your foreign tax credit if you are a U.S. citizen residing in the treaty country.

Foreign Tax Credit —Special Issues

Alternative Minimum Tax

• In addition to your regular income tax, you may be liable for the alternative minimum tax. A foreign tax credit may be allowed in figuring this tax. However, there are restrictions on how much foreign tax credit can be applied to the alternative minimum tax. Refer to the instructions for Form 6251 , Alternative Minimum Tax-Individuals, for a discussion of the alternative minimum tax foreign tax credit.

Review

• U.S. citizens and resident aliens abroad must report their worldwide income • Up to $85,700 of foreign earned income may be excluded from U.S. gross income • Double taxation by the USA and a foreign country may be avoided or mitigated by the Foreign Tax Credit, Foreign Tax Deduction, or a Tax Treaty Provision.

More Information

• Publication 54 Tax Guide for U.S. Citizens and Resident Aliens Abroad • Forms 2555/2555-EZ and Instructions • Form 1116 and Instructions • Publication 514 Foreign Tax Credit for Individuals