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IRS Reporting for Expats and Offshore Holdings

FAS CPA & Consultants

The IRS reminded U.S. citizens and resident aliens, including those with dual citizenship who have lived or worked abroad during all or part of the year, that they may have a U.S. tax liability and a filing requirement.

 

Most People Abroad Need to File

A filing requirement generally applies even if a taxpayer qualifies for tax benefits, such as the foreign earned income exclusion or the foreign tax credit , that substantially reduce or eliminate their U.S. tax liability. These tax benefits are not automatic and are only available if an eligible taxpayer files a U.S. income tax return.

 

The filing deadline is  June 15 for U.S. citizens and resident aliens whose tax home and abode are outside the United States and Puerto Rico, and for those serving in the military outside the U.S. and Puerto Rico, on the regular due date of their tax return. To use this automatic two-month extension, taxpayers must attach a statement to their return explaining which of these two situations applies. See U.S. Citizens and Resident Aliens Abroad for details.

 

Nonresident aliens who received income from U.S. sources also must determine whether they have a U.S. tax obligation. The filing deadline for nonresident aliens can be April 15 or June 15 depending on sources of income. See Taxation of Nonresident Aliens on IRS.gov.

 

Special Reporting for Foreign Accounts and Assets

Federal law requires U.S. citizens and resident aliens to report any worldwide income, including income from foreign trusts and foreign bank and securities accounts. In most cases, affected taxpayers need to complete and attach Schedule B to their tax return. Part III of Schedule B asks about the existence of foreign accounts, such as bank and securities accounts, and usually requires U.S. citizens to report the country in which each account is located.

 

Taxpayers with an interest in, or signature or other authority over, foreign financial accounts whose aggregate value exceeded $10,000 at any time during the year must file with the Treasury Department a Financial Crimes Enforcement Network (FinCEN) Form 114, Report of Foreign Bank and Financial Accounts (FBAR). It is due to the Treasury Department by April 15, must be filed electronically and is only available online through the BSA E-Filing System website. For details regarding the FBAR requirements, see Report of Foreign Bank and Financial Accounts (FBAR).

 

In addition, certain taxpayers may also have to complete and attach to their return Form 8938, Statement of Foreign Financial Assets.  Generally, U.S. citizens, resident aliens and certain nonresident aliens must report specified foreign financial assets on this form if the aggregate value of those assets exceeds certain thresholds. See the instructions for this form for details.

 

IRS Simplifies Reporting for Canadian Retirement Accounts

The IRS has eliminated a special annual reporting requirement that has long applied to taxpayers who hold interests in either of two popular Canadian retirement plans. This is part of an IRS change announced in October making it easier for taxpayers with these plans to get favorable U.S. tax treatment. As a result, many Americans and Canadians with registered retirement savings plans (RRSPs) and registered retirement income funds (RRIFs) no longer need to file Form 8891 each year reporting details on these plans. This change does not affect any other reporting requirements that may apply, such as FinCEN Form 114 and Form 8938.

 

Report in U.S. Dollars

Any income received or deductible expenses paid in foreign currency must be reported on a U.S. return in U.S. dollars. Likewise, any tax payments must be made in U.S. dollars.

 

Both Form 114 and Form 8938 require the use of a Dec. 31 exchange rate for all transactions, regardless of the actual exchange rate on the date of the transaction.  Generally, the IRS accepts any posted exchange rate that is used consistently. For more information on exchange rates, see Foreign Currency and Currency Exchange Rates.

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Expatriate Reporting

Taxpayers who relinquished their U.S. citizenship or ceased to be lawful permanent residents of the United States during 2014 must file a dual-status alien return, attaching Form 8854, Initial and Annual Expatriation Statement. A copy of the Form 8854 must also be filed with Internal Revenue Service Philadelphia, PA 19255-0049, by the due date of the tax return (including extensions). See the instructions for this form and Notice 2009-85, Guidance for Expatriates Under Section 877A, for further details.

 

Choose Free File or E-File

U.S. citizens and resident aliens living abroad can now use IRS Free File to prepare and electronically file their returns for free. This means both U.S. citizens and resident aliens living abroad with adjusted gross incomes (AGI) of $60,000 or less can use brand-name software to prepare their returns and then e-file them for free. A limited number of companies provide software that can accommodate foreign addresses. To determine which will work best, view the complete Free File Software list and the services provided.

 

A second option, Free File Fillable Forms, the electronic version of IRS paper forms, has no income limit and is best suited to people who are comfortable preparing their own tax return.

 

Both the e-file and Free File electronic filing options are available until October 15 for anyone filing a return. Check out the e-file link on IRS.gov for details on the various electronic filing options. Free File is not available to nonresident aliens required to file a Form 1040NR.

 

More Information Available

Any U.S. taxpayer here or abroad with tax questions can refer to the International Taxpayers landing page and use the online IRS Tax Map and the International Tax Topic Index to get answers. These online tools assemble or group IRS forms, publications and web pages by subject and provide users with a single entry point to find tax information.

 

Taxpayers who are looking for return prepares abroad should visit the Directory of Federal Tax Return Preparers with Credentials and Select Qualifications.

 

To help avoid delays with tax refunds, taxpayers living abroad should visit the Helpful Tips for Effectively Receiving a Tax Refund for Taxpayers Living Abroad page.

 

More information on the tax rules that apply to U.S. citizens and resident aliens living abroad can be found in, Publication 54, Tax Guide for U.S. Citizens and Resident Aliens Abroad, available on IRS.gov.

 

Key Tax Issues for U.S. Expats with Dual Citizenship

Having dual citizenship is mostly associated with many benefits. However, in some instances double taxation may occur. The good news is the United States have agreements and treaties with a number of countries around the world in order to avoid this. The Foreign Earned Income Exclusion (FEIE) and Foreign Tax Credits (FTC) have been designed for this very reason. That said, if you have dual citizenship and live abroad, you may still have to pay taxes in the US, even if you comply with the tax system of your country of residence.

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Filing Requirements

As long as you hold a US citizenship you are required to report your worldwide income to the IRS. To be relieved from this obligation you will have to give up your green card with form I-407 or renounce your US citizenship. If you don’t want to do that, you will be required to file an annual tax return of your income in the US and abroad.

 

Additionally, if you hold a foreign bank account and at any point during the tax year its balance was more than $10,000, you will have to file a disclosure form FBAR.

 

In some cases, if you don’t owe any tax to the US and you don’t file a tax return on time, you may not be charged with late filing penalties. However, if you don’t file an FBAR when required without a reasonable cause, you may have to pay a civil penalty of up to $100,000.

 

Paying Taxes to the US

If you already pay the correct taxes in your country of residence you can apply for Foreign Tax Credits. They are designed to minimize or offset your taxes due to the US. Another option would be to take advantage of the FEIE, which in 2018 is $104,100. As large as this sum looks, for some taxpayers it isn’t enough to completely eliminate US tax. This means certain accounts will still have to file and pay on time to avoid IRS penalties even after using FEIE or FTC.

 

Being late on your tax filing and payment when you owe money to the IRS, will unfortunately bring further financial charges:

⇒ Late filing penalty – 5% of the taxes you owe for each month of late filing, capped at 25%.

⇒ Late payment penalty – 0.5% of the taxes you owe for each month of non-compliance, starting from the day after the deadline. It is capped at 25%.

⇒ Interest – you pay interest on your unpaid taxes and penalties.

 

Take Out

⇒ As long as you hold an American passport or a green card you must file annual income tax returns.

⇒ You must report your worldwide income.

⇒ You must file an FBAR if your foreign accounts exceed $10,000 at any point during the year.

⇒ You may use FEIE or FTC to avoid double taxation.

⇒ In some cases, you may still owe money to the IRS even after FEIE or FTC has been applied.

 

We often get asked by expats if they could stop filing and paying US taxes since they have dual citizenship and live abroad. Unfortunately, the general answer is no, but for each individual case, this may vary as different circumstances apply.

 

Readers should note that this article is only intended to convey general information on these issues and that FAS CPA & Consultants (FAS) in no way intends for the contents of this article to be construed as accounting, business, financial, investment, legal, tax, or other professional advice or services.  This article cannot serve as a substitute for such professional services or advice.  Any decision or action that may affect the reader’s business should not rely solely on the contents of this article, but should rather be consulted on with a qualified professional adviser. FAS shall not be responsible for any loss sustained by any person who relies on this presentation.  This article is subject to change at any time and for any reason.

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