Your Questions Answered
We’ve organized some commonly asked questions to give you more information about U.S. taxes.
If you have a question that you can’t find the answer to, please contact us for help.
Disclaimer: Due to the fact-sensitive nature of international tax laws, the answers provided in these frequently asked questions (FAQs) is for general education and informational purposes only and is not intended and should not be construed or relied upon as tax advice.
General
The Internal Revenue Service. Filed Under: General Questions
- a financial interest in or signature or other authority over at least one financial account located outside the United States if
- the aggregate value of those foreign financial accounts exceeded $10,000 at any time during the calendar year reported.
To avoid delays and potential security risks, the IRS strongly advises using electronic payment methods whenever possible. Filed Under: General Questions
Alternatives: Use a U.S. virtual bank account, or a foreign bank that provides a U.S. routing number for international transfers. Filed Under: General Questions
Alternative: You can mail the payment voucher and a physical check (e.g., a cashier’s check from a U.S. bank, a personal check from the other person’s U.S. account, etc.) to the tax authority. If a paper check is mailed, make sure the check list your name and Social Security/ITIN number on it so that the tax agency properly attributes the payment to you. Filed Under: General Questions
Alternatives: Use a U.S. virtual bank account, or a foreign bank that provides a U.S. routing number for international transfers. Filed Under: General Questions
Ensure the account accepts ACH deposits from the U.S. Treasury, otherwise the refund deposit will be rejected, and the IRS will, instead, mail a paper check to you at the address listed in your IRS records. Filed Under: General Questions
- To meet the qualifying child test, your child must be younger than you or your spouse if filing jointly, and either younger than 19 years old or be a “student” younger than 24 years old as of the end of the calendar year.
- There is no age limit if your child is “permanently and totally disabled” or meets the qualifying relative test.
In addition to meeting the qualifying child or qualifying relative test, you can claim that person as a dependent only if these three tests are met:
- Dependent taxpayer test
- Citizen or resident test, and
- Joint return test
U.S. Foreign Nationals
An individual who is neither a U.S. citizen or U.S. national. Filed under: U.S. Foreign Nationals
An individual who is neither a U.S. citizen or U.S. national. Filed under: U.S. Foreign Nationals
A U.S. tax nonresident alien is a person who is not a resident alien. Filed under: U.S. Foreign Nationals
A U.S. tax resident alien is a person who has been lawfully admitted as a permanent resident of the U.S. (i.e., a green card holder) or meets the Substantial Presence Test. Certain special elections, if properly made, can also result in a person being treated as resident alien for U.S. federal tax purposes. Filed under: U.S. Foreign Nationals
Dual-status aliens are individual taxpayers who have been both a U.S. tax resident and a nonresident during the same tax year. As a result, different federal tax laws apply to their resident and nonresident periods. Dual status does not refer to a person’s citizenship, only to one’s resident status for U.S. federal income tax purposes. Dual-status alien status is most common in a person’s year of arrival or departure from the U.S. Filed under: U.S. Foreign Nationals
In general, nonresident aliens are required to declare and pay federal income tax on their U.S. source income. U.S. source income typically includes effectively connected income (ECI) and FDAP (fixed or determinable, annual, or periodic) income. Filed under: U.S. Foreign Nationals
Effectively Connected Income is all U.S. source income connected with the conduct of a U.S. trade or business. The performance of personal services by an individual within the U.S. is usually considered engagement in a U.S. trade or business. Whether you are engaged in a trade or business in the U.S. depends on the nature of your activities. Deductions are permitted against ECI and nonresident aliens pay income tax on ECI at graduated tax rates or lower rate allowed under an applicable tax treaty. Filed under: U.S. Foreign Nationals
FDAP is an acronym for fixed or determinable, annual, or periodic. It is passive income such as interest, dividends, rents, or royalties. FDAP income that is effectively connected to a U.S. trade or business is taxed at normal graduated tax rates. FDAP income that is not effectively connected is taxed at a flat 30% rate. Filed under: U.S. Foreign Nationals
Form 1040NR, U.S. Nonresident Alien Income Tax Return. Filed under: U.S. Foreign Nationals
U.S. resident aliens are generally taxed like U.S. citizens. This means they must declare their worldwide income on their annual U.S. individual income tax return, regardless of where the resident alien lives or where the income is earned, paid, or delivered. Filed under: U.S. Foreign Nationals
Form 1040, U.S. Individual Income Tax Return. Filed under: U.S. Foreign Nationals
No. Everyone’s U.S. federal tax income tax status is determined separately. Filed under: U.S. Foreign Nationals
Typically, no. While you are required to report the non-U.S. source income on your U.S. income tax return, in most cases you would be allowed to claim a credit against the U.S. federal income tax for the income tax paid to the other country. The credit, if claimed, may not exceed the amount of U.S. tax owed on the income. Filed under: U.S. Foreign Nationals
Because dual-status aliens have both resident and nonresident periods within the same tax year, they generally file a form 1040 if they are a tax resident at the end of the tax year and Form 1040NR if they are a tax nonresident at the end of the year. In addition, dual-status aliens must attach a statement to their income tax return that details their taxable income during the other portion of the year. Filed under: U.S. Foreign Nationals
If you are any of the following, you must file an income tax return:
- A nonresident alien individual engaged or considered to be engaged in a trade or business in the U.S. during the year.
- A nonresident alien individual who is not engaged in a trade or business in the United States and has U.S. income on which the tax liability was not satisfied by the withholding of tax at the source.
- A representative or agent responsible for filing the return of an individual described in (1) or (2),
- A fiduciary for a nonresident alien estate or trust, or
- A resident or domestic fiduciary, or other person, charged with the care of the person or property of a nonresident individual may be required to file an income tax return for that individual and pay the tax (Refer to Treas. Reg. 1.6012-3(b)).
- A nonresident alien student, teacher, or trainee who was temporarily present in the United States on an “F,””J,””M,” or “Q” visa, you are considered engaged in a trade or business in the United States. Therefore, you are typically required to file an income tax return (e.g., Form 1040-NR) if you have income subject to tax, such as wages, tips, scholarship and fellowship grants, dividends, etc.
- A nonresident alien who desires to claim:
- A refund of over withheld or overpaid tax, or
- The benefit of any deductions or credits. For example, if you have no U.S. business activities but have income from real property that you choose to treat as effectively connected income, you must timely file a true and accurate return to take any allowable deductions against that income.
Filed under: U.S. Foreign Nationals
Generally, no. U.S. income tax withholding rules can be different from the income tax rules. Filed under: U.S. Foreign Nationals
A certificate of compliance – commonly known as a sailing permit – is a document signed by the IRS which acknowledges an alien individual has satisfied his or her U.S. federal tax obligation prior to leaving the U.S. based on information available at that time. Obtaining a sailing permit typically requires completion of either Form 1040-C, U.S. Departing Alien Income Tax Return or Form 2063, U.S. Departing Alien Income Tax Statement. Filed under: U.S. Foreign Nationals
Whenever an alien status taxpayer departs the U.S. However, if an individual provides the IRS with information showing, to the satisfaction of the IRS, that he or she intends to return to the United States and that the departure does not jeopardize the collection of income tax, the individual can get a sailing or departure permit by filing Form 1040-C without having to pay the tax shown on it if all required income tax returns have been filed and all tax owed has been fully paid. Filed under: U.S. Foreign Nationals
A person must visit an IRS office in person and file either Form 1040-C or Form 2063, along with other supporting documents, at least 2 weeks – but no more than 30 days – prior to leaving the U.S. Any additional tax owed for the current or prior year(s) must either be paid or bond guaranteed to obtain a sailing permit. Once approved, the IRS will provide the individual a sailing or departure permit. Filed under: U.S. Foreign Nationals
Yes. If an income tax return is required by law, that return must be filed even though Form 1040-C has already been filed. The tax paid with Form 1040-C, if any, should be taken as a credit against the tax liability for the entire tax year on an individual’s annual U.S. income tax return. Filed under: U.S. Foreign Nationals
No. Nonresident aliens may only claim certain allowable itemized deductions, and only if they have effectively connected income. Filed under: U.S. Foreign Nationals
No. Dual-status aliens may only claim certain allowable itemized deductions. Filed under: U.S. Foreign Nationals
Generally, a married individual cannot file a joint income tax return using the married filing jointly status if either spouse was a nonresident alien at any time during the tax year. However, nonresident aliens married to U.S. citizens or residents may elect to be treated as U.S. residents and file joint tax returns. Filed under: U.S. Foreign Nationals
A social security number (SSN) must be furnished on income tax returns, statements, and other tax-related documents. If your spouse and/or children do not have – and are not eligible to get – an SSN, they must apply for an individual taxpayer identification number (ITIN) to be included on an income tax return. Filed under: U.S. Foreign Nationals
Yes. Publication 519, U.S. Tax Guide for Aliens. Filed under: U.S. Foreign Nationals
U.S. Expatriates
One of 2 potential tests a U.S. citizen and certain U.S. tax resident aliens can meet to qualify for the foreign earned income exclusion, the foreign housing exclusion, and/or the foreign housing deduction. The other test is the physical present test. An individual meets the bona fide residence test if he or she is a bona fide resident of a foreign country or countries for an uninterrupted period that includes an entire tax year (e.g., January 1 through December 31). The bona fide residence test is a subjective test based on a person’s specific facts and circumstances. Filed under: U.S. Expatriates
One of 2 potential tests an individual can meet to qualify for the foreign earned income exclusion, the foreign housing exclusion, and/or the foreign housing deduction. The other test is the bona fide residence test. In general, an individual meets the physical presence test if he or she is physically present in a foreign country or countries 330 full days during any period of 12 consecutive months including some part of the year at issue. The 330 qualifying days do not have to be consecutive. The physical presence test is available to both U.S. citizens and U.S. residents within the meaning of Internal Revenue Code section 7701(b)(1)(A) and is based only on how long an individual stays in a foreign country or countries. Unlike the bona fide residence test, this test does not depend on the kind of residence established, an individual’s intentions about returning to the United States, or the nature and purpose of the stay abroad. Filed under: U.S. Expatriates
In addition to the foreign earned income exclusion, an individual may also claim an exclusion or a deduction from gross income for a portion of foreign housing costs incurred. To claim the foreign housing exclusion or deduction, an individual’s tax home must be in a foreign country and he or she must meet either the bona fide residence test or the physical presence test. The foreign housing exclusion applies only to amounts considered paid for with employer-provided amounts, which includes any amounts paid to you or paid or incurred on your behalf by your employer that are taxable foreign earned income to you for the year (without regard to the foreign earned income exclusion). The housing deduction applies only to amounts paid for with self-employment earnings. Filed under: U.S. Expatriates
Form 2555, Foreign Earned Income. Filed under: U.S. Expatriates
An official document that contains the details and limitations of an employee covered by an international social security agreement. It is issued by the social security agency of the country where the employee will continue social security coverage. Filed under: U.S. Expatriates
Employers generally are required to request such certificates on behalf of employees they have transferred abroad. Self-employed persons request their own certificate. Filed under: U.S. Expatriates
If you are a U.S. citizen or resident alien residing overseas on the regular due date of your return, you are allowed an automatic 2-month extension to file your tax return without requesting an extension. If you use a calendar year, the regular due date of your return is April 15, and the automatic extended due date would be June 15. If the due date falls on a Saturday, Sunday, or legal holiday, the due date is delayed until the next business day. Filed under: U.S. Expatriates
No. All tax owed must be paid by the original due date of April 15 even if you are eligible for the automatic 2-month extension of time to file your annual income tax return. Filed under: U.S. Expatriates
A full day is a period of 24 consecutive hours, beginning and ending at midnight. An individual must spend the full day in a foreign country or countries for the day to be counted. When you leave the U.S. to travel to a foreign country or when you return to the U.S. from a foreign country, the time you spend on or over international waters does not count as time in a foreign country. Filed under: U.S. Expatriates
Generally, a person may claim either a credit or deduction for income taxes paid to a foreign country or U.S. territory. Taken as a deduction, foreign income taxes reduce your taxable income. Taken as a credit, foreign income taxes reduce your tax liability. Filed under: U.S. Expatriates
Generally, income taxes you pay to a foreign country or U.S. territory. The foreign income tax for which an individual may claim a credit or deduction is the amount of legal and actual tax liability paid or accrued for a tax year. Social taxes and wealth taxes generally do not qualify as income taxes and, therefore, are not eligible to be claimed as a tax credit. Filed under: U.S. Expatriates
Yes. The lowest allowed federal income tax may result from claiming the foreign earned income exclusion, foreign tax credit or the combination of both. Filed under: U.S. Expatriates
No. Foreign income taxes allocable to the excluded part of income are not eligible to be claimed as a tax credit or deduction. Filed under: U.S. Expatriates
Only earned income that is attributable to the performance of personal services abroad. Investment income is not earned income for purposes of the foreign earned income exclusion. Filed under: U.S. Expatriates
Yes. These amounts whether paid directly or indirectly to you represent taxable compensation for services performed. Filed under: U.S. Expatriates
If the services to which the salary relates are performed outside of the United States, then the salary is considered earned abroad (i.e., foreign earned income). The location of an individual’s employer or bank account does not matter when determining the source of earned income. Filed under: U.S. Expatriates
Any territory under the sovereignty of a country other than the United States is a foreign country. U.S. territories are not treated as foreign countries. Filed under: U.S. Expatriates
Benefits received by U.S. citizens and resident aliens may be taxable, depending on the total amount of income and the filing status of the taxpayer. Under certain treaties, U.S. social security benefits are exempt from U.S. tax if taxed by the country of residence. Filed under: U.S. Expatriates
Yes. The employee would need to properly complete Form 673, Statement for Claiming Exemption from Withholding on Foreign Earned Income Eligible for the Exclusion(s) Provided by Section 911 and provide it to the employer. Filed under: U.S. Expatriates
File Form W-9, Request for Taxpayer Identification Number and Certification (indicating you are a U.S. citizen) with each withholding agent who is paying you dividends and interest. This form is their authority to stop withholding the 30% income tax at the source on payments owed to you. Filed under: U.S. Expatriates
Yes. Publication 54, Tax Guide for U.S. Citizens and Residents Abroad. Filed under: U.S. Expatriates
Item #1
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Item #2
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Item #3
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Overview of U.S. Taxation
Federal Income Tax
Nonresident aliens
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Citizens & Resident aliens
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Dual-Status Aliens
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Other Taxes
State & local income taxes
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Social Security taxes
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Net investment income tax
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Additional Medicare tax
Estate & gift taxes
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Payment of Taxes
Tax withholding at source
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Estimated tax payments
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Annual settlement of taxes
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Tax payment options
Interest & penalty charges
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Tax Return Preparation & Filing Procedures
Who must file
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Common federal tax forms
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Joint or separate tax returns?
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Additional Tax Consideration & Filings
Form 8938
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FinCEN Form 114 (FBAR)
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Foreign Corporations & other foreign entities
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Foreign trusts and gifts from foreign persons
Tax notices
Tax Terms, Forms & Schedules
Terms & terminology
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Tax forms
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Tax schedules
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How to Minimize Your Compliance Fees
Educate yourself
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Organizer your information
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Translate non-English documents
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