Just an update on tax laws for Ex-pats
US Expatriates
US citizens outside the US…..As a US citizen you must continue to file a US tax return for as long as you meet the annually indexed minimum filing threshold.
US citizens have unique filing obligations, unlike citizens of other tax jurisdictions. The US imposes taxation based upon citizenship, not based on tax residency.
US citizen living outside the US are required to file a US tax return and report their worldwide income in their US tax filings. However residing outside the US may permit the application of special tax laws and regulations, when certain qualifications are met, permitting the offset of a US tax obligations in whole or in part. These rights of offsets are the result of the integration between the Foreign Earned Income Exclusion, Housing Exclusion and / or Housing Deduction and Foreign Tax Credit mechanisms. Our primary goal and objective is to use these interplay of mechanisms, in combination, to wipe out any US tax. However this is not possible to the extent of US income, on which no foreign tax credit nor is exclusion available to you in the US. Additionally, internationally agreed to income tax treaties may also serve to reduce and / or eliminate your US or foreign tax liabilities.
We can advise clients as to the applicable tax laws and regulations and we will consult with them on the preparation of their US tax return Form 1040, Form 2555- Foreign Earned Income and Form 1116- Foreign Tax Credit and any required State tax filings
“Published from IRS Web Siteâ€
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 Country
To meet the bona fide residence test or the physical presence test, you must live in or be present in a foreign country. A foreign country usually is any territory (including the air space and territorial waters) under the sovereignty of a government other than that of the United States.
The term "foreign country" includes the seabed and subsoil of those submarine areas adjacent to the territorial waters of a foreign country and over which the foreign country has exclusive rights under international law to explore and exploit the natural resources.
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.
Changes in the Foreign Earned Income Exclusion
For tax year 2006 the maximum amount of the Foreign Earned Income Exclusion under section 911 of the Internal Revenue Code has been increased to $82,400. (Refer to Revenue Procedure 2006-51.) In addition, Section 515 of the Tax Increase Prevention and Reconciliation Act of 2005 (P.L. 109-222) amends the computation of the Maximum Housing Amount Exclusion under Section 911 of the Code. (Refer to Notice 2006-87 and Notice 2007-25.)
Effective for tax years beginning after 2005, the amount of foreign earned income (and foreign housing costs) excluded from an individual's gross income will be used for purposes of determining the rate of income and alternative minimum tax (AMT) that applies to his or her nonexcluded income. The Tax Increase Prevention and Reconciliation Act of 2005 (P.L. 109-222) adds a new section 911(f) to the Internal Revenue Code. An individual's tax will be the excess of the tax that would be imposed if his or her taxable income were increased by the amount(s) excluded, and the tax that would be imposed if his or her taxable income were equal to the excluded amount(s). For this purpose, the excluded amount(s) will be reduced by the aggregate amount of any deductions or other exclusions otherwise disallowed. In many cases this will have the effect of increasing an individual’s U.S. federal income tax to an amount greater than it would have been under prior law.
Refer to the 2006 edition of Publication 54 for details.
IRS Publication 54, Tax Guide for U.S. Citizens and Resident Aliens Abroad
www.irs.gov/pub/irs-pdf/p54.pdf
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