If you’re a U.S. citizen or resident alien you must pay taxes on any foreign income, regardless of whether you live in the United States or not.
Foreign Tax Relief
Foreign Income Exclusion
Foreign Tax Credit
Foreign Tax Deduction
US Tax Treaties
- The United States has tax treaties with several foreign countries whereby residents of those foreign countries are taxed at a different rate or are exempt all together from US taxes on certain income that they receive within the US. These rates, exemptions, and credits vary significantly among countries.
- In addition to being subjected to different tax rates on income earned in the US, these same treaties allow US residents or citizens to be taxed at reduced rates or are exempt from the foreign taxes on certain items of income they receive within foreign countries. A Saving Clause is included in most tax treaties to inhibit US citizens from avoiding taxation on income they earn in the US.
- The answer to this question is no. Many individual states within the Unites States will tax income that is earned or sourced in their state and many do not honor the provisions of tax treaties. Furthermore, if no treaty exists between the US and your country then you are taxed on the income in the same way shown in the instruction for the applicable US tax return.
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Foreign Account Reporting Procedures
Foreign Bank & Financial Accounts Report (FBAR)
U.S. taxpayers with a financial interest or authority over foreign financial accounts whose aggregate value exceed $10,000 generally must file an FBAR. In many cases, filing an FBAR with the IRS to report your foreign assets is the only step needed to be in compliance with Foreign Account Tax Compliance Act (FATCA) and can will most likely result in zero taxes owed for accounts that do not produce income.
Failure to file an FBAR while the account balance is properly reported will result in no penalties. However, willful failure to file may result in penalties of up to $100,000 or 50% of the account balance per year. Criminal penalties may be imposed as well.
Streamlined Domestic Offshore Procedures (SDOP)
*severe penalties for non-compliance
The streamlined domestic offshore procedures (SDOP) is a program offered by the IRS and is available to individuals and entities who have unreported income from undisclosed foreign assets.
Qualified filers must file amended returns for the last three years as well as file a delinquent or amended Report of Foreign Bank Account (FBAR) for the past six years. They must also submit a signed statement attesting that the failure to report foreign income resulted from non-willful conduct.
Taxpayers who fail to file are subject to penalty of $10,000 and a one-time penalty equal to half of taxpayers assets.
Streamlined Foreign Offshore Procedures (SFOP)
The streamlined foreign offshore procedures (SFOP) is a program offered by the IRS to report foreign income and is available to United States taxpayers who meet the Foreign Residence requirement. You must be a U.S. citizen or legal permanent resident and you must have lived outside of the U.S. in one of the last three years for at least 330 days.
Qualified filers are still required to amend your U.S. tax returns for the last three years and report your foreign account information for the last six years.
We Are Foreign Tax Compliance Experts
FOREIGN-OWNED US LLC'S
FOREIGN GIFTS & INHERITANCE
US OWNED FOREIGN CORPORATIONS
FOREIGN SALES OF US REAL ESTATE
EXPATRIATION
FINANCIAL CRIMES ENFORCEMENT NETWORK (FINCEN)
BOI New Mandatory Company Reporting
The Treasury Department administered by the Financial Crimes Enforcement Network has implemented a new regulation that you must comply with under the CTA Act.
CTA requires the disclosure of beneficial ownership information (otherwise known as “BOI”) of certain entities from people who own or control a company. It is anticipated that 32.6 million US and Foreign owned US businesses will be required to comply with this reporting requirement.
The BOI is a one-time filing. If any changes or corrections to the business and beneficial owner’s info, a new report must be filed within 30 days.
Foreign companies required to report under the CTA include corporations, LLCs or any similar entity that is formed under the law of a foreign country and registered to do business in any state or tribal jurisdiction by filing a document with a secretary of state or any similar office.
Filing deadlines:
For existing entities (created/registered before 01/01/2024), the BOI report must be filed before 01/01/2025. However, our target date is May 31, 2024, for all corporations and LLCs in existence before 1/1/2024, which is your business.
For new entities (created/registered after 01/01/2024), the BOI report must be filed within 90 days. There may be some Hurricane Beryl extensions but please heed the warning and penalties if you do not file timely.
ITIN CERTIFICATION
An Individual Taxpayer Identification Number (ITIN) is a tax processing number that the IRS issues to individuals who are required to have a US taxpayer number but who are not eligible for a Social Security Number (SSN). An ITIN allows individuals to set up an account by which they can pay their taxes or receive a tax refund and they are required regardless of immigration status.
An ITIN is used for federal tax reporting purposes only, it does not authorize you to work in the US, provide Social Security benefit eligibility, nor does it qualify a dependent for the Earned Income Tax Credit.
If you fall in any of the below categories then you are required to have an ITIN:
- You do not have and are not eligible for a Social Security Number
- You are required to provide a federal tax identification number or file a federal tax return and you are a:
- Nonresident alien who is required to file a US tax return
- US resident alien who is filing a US tax return
- Dependent or spouse of a US citizen or resident alient
- Dependent or spouse of a nonresident alien visa holder
- Nonresident alien claiming a tax treaty benefit
- Nonresident alien student, professor, or researcher filing a US tax return or claiming an exemption