US tax season is here

Opinion.

If it’s January, it must be tax season. Many U.S. citizens and lawful permanent residents of the U.S. (green card holders) move to another country and “forget” or choose not to file a tax return in the United States. But be warned: The U.S. requires you to file a tax return accounting for your worldwide taxable income—and the statute of limitations never expires.

In many cases, you may have few or no U.S. taxes to pay, thanks to exclusions and deductions that you may qualify for as an expatriate. But you definitely are required to file if you are a U.S. citizen or resident alien. Not filing can create major issues. For instance, if you live abroad for 10 years and then return to the United States, the penalties and interest you’ve accrued may be more than the actual tax you owe.

The U.S. Internal Revenue Service (IRS) is working with the State Department and Immigration and Naturalization Service (INS) to improve compliance with the tax return requirement.

One bit of good news: A U.S. citizen or resident alien does not need to file a tax return unless gross income for the year is over a certain amount. The amount varies depending on your tax status.

U.S. citizens and long-term permanent residents can also take a credit for taxes paid to a foreign government. This credit is explained in section 901 of the income tax code. You report the tax credit on form 1116. Almost half of those filing non-resident tax returns show no tax liability under codes in Sections 901 and 911.

Additional forms to complete

If you are self-employed and no foreign social security tax is being withheld from your earnings, you must file a Schedule C with your U.S. tax return and pay U.S. self-employment tax on your net earnings (that is, after deducting your expenses). The self-employment tax is 15.3%. it is not reduced by the foreign-earned income exclusion or by foreign tax credits.

If you own more than a 10% ownership in a foreign corporation, you are required to file a special form reporting that interest. If the corporation is making a profit, it will be a “controlled foreign corporation,” and you could owe U.S. tax on its earnings.

If you are a beneficiary or a trustee of a foreign trust (for instance, a fideicomso), or you have a bank account with a balance over $10,000, you must also file a special form.

You can be fined up to $10,000 or more for not filing any of these forms-and since there is no statute of limitations, the fines can be levied many years from now when the IRS and local tax authorities finally start sharing information. You can also be liable for individual state income taxes.

Changing citizenship to avoid taxes: Not advisable

There is a special tax on former citizens and long-term permanent residents whose main reason for moving to a foreign country is to avoid U.S. Income tax or estate and gift taxes. Section 877 imposes this tax regardless of your reason for changing citizenship and moving abroad.

You’re subject to this tax if you’re an expatriate with a net worth of $500,000 or more (adjusted for inflation), and if your average annual net income tax liability for the five years before you left the U.S. was $100,000 or more. All expatriates who are subject to this tax under the code have to submit a statement of residence and citizenship and a statement of assets and liabilities.

If you fall into this category, the IRS automatically assumes that you’ve changed your citizenship and/or moved abroad to avoid taxes in the U.S.

There is only a small number of high net worth expatriates who are not assumed to have moved or changed citizenship for tax reasons. This class is also described in Code Section 877. If you think Section 877 may affect you, it’s worth checking to see if you fall into this group.

This exempted class of expatriates consists of the following:

  • Expatriates who were dual citizens at birth and who have remained citizens of the second country;
  • Expatriates who, at the time they became expatriates, were citizens of their birth country, or of the birth country of their spouse or of either of their parents;
  • Expatriates who were in the U.S. for no more than 30 days each year during the 10 years before they became expatriates;
  • Expatriates who renounced U.S. citizenship before they reached age 18 ½.

 The Internal Revenue Service has various programs to identify non-filers and to improve compliance. In the Middle East alone the number of returns filed has increased by 51% due to compliance programs.

The IRS created Form 255EZ to simplify filing. It also revised Publication 593-tax highlights for U.S. citizens and residents going abroad-to encourage taxpayers to file. In addition, Publication 519-the U.S. Tax Guide for Aliens-and the instructions to Form 1040 NR (non-resident) make former citizens and long-term resident aliens aware of their potential tax liability under Section 877.

 

Maurice Glazer, CEO of Glazer Financial Network, will be in Nicaragua for the Central American Advantage Conference in January. If you wish to learn more about this event, please register here.

  • http://www.isaacbrocksociety.ca Eric

    Section 877 has not applied to anyone since 2008. Only its definitions remain in force; the current version of the expatriation tax is in Section 877A. The threshold for being a “high net worth expatriate” is $2 million of assets non-inflation-adjusted, not $500,000 inflation-adjusted. It was $2 million even under the old 877(a)(2)(B). Changing citizenship and moving abroad are two completely different things; normally the latter precedes the former by many years. The US does not apply tax when you move abroad. The form number is 2555 not 255 and if you are doing anything even the slightest bit unusual you don’t qualify for the EZ version. The US’ definition of “foreign trust” is far broader than just a fideicomiso, and could even cover your retirement plan. And that’s not even mentioning “passive foreign investment companies” law which punishes anyone unpatriotic enough to buy a non-US mutual fund by Form 8621 and mark-to-market taxation.

    Renunciation is quite advisable if you have no plans to move back to the US, unless you fancy spending the rest of your life wasting a hundred hours per year on all the new paperwork or paying thousands of dollars to accountants to help you out every year. Apparently even a professional like Mr. Glazer is a half-decade behind on the latest regulations, so what’s the hope that an ordinary Joe is going to be able to keep up with it all?

  • http://www.nicaragua-guide.com Darrell Bushnell

    The author states “or you have a bank account with a balance over $10,000, you must also file a special form.” I’m not that knowledgeable but I believe it has been changed to say if all your foreign bank accounts collectively ever hits a total balance of $10,000 then you must file the form identifying these bank accounts. That would include most USA expats with foreign bank accounts.

  • Sam Roberts

    Yup that’s form TDF 90-22.1. They call it “FBAR”.

  • Nospam Sonny

    haha sucks to be a gringo

    • John Smyth

      Theres not gonna be many gringos left once FATCA kicks in.

  • Carlos Briones

    Funny, since March 1, 2003, the former Immigration and Naturalization Service (INS)officially became the Bureau of Citizenship and Immigration Services …