Publication 54 |
2001 Tax Year |
Taxes of Foreign Countries & U.S. Possessions
You can take either a credit or a deduction for income taxes paid
to a foreign country or a U.S. possession. Taken as a deduction,
foreign income taxes reduce your taxable income. Taken as a credit,
foreign income taxes reduce your tax liability. You must treat all
foreign income taxes in the same way. You generally cannot deduct some
foreign income taxes and take a credit for others. However, regardless
of whether you take a credit for foreign income taxes, you may be able
to deduct other foreign taxes. See Deduction for Other Foreign
Taxes, later.
There is no rule to determine whether it is to your advantage to
take a deduction or a credit for foreign income taxes. In most cases,
it is to your advantage to take foreign income taxes as a tax credit,
which you subtract directly from your U.S. tax liability, rather than
as a deduction in figuring taxable income. However, if foreign income
taxes were imposed at a high rate and the proportion of foreign income
to U.S. income is small, a lower final tax may result from deducting
the foreign income taxes. In any event, you should figure your tax
liability both ways and then use the one that is better for you.
You can make or change your choice within 10 years from the due
date for filing the tax return on which you are entitled to take
either the deuction or the credit.
Foreign income taxes.
These are generally income taxes you pay to any foreign country or
possession of the United States.
Foreign income taxes on U.S. return.
Foreign income taxes can only be taken as a credit on Form 1040,
line 43, or as an itemized deduction on Schedule A. These amounts
cannot be included as withheld income taxes on Form 1040, line 59.
Foreign taxes paid on excluded income.
You cannot take a
credit or deduction for foreign income taxes paid on earnings you
exclude from tax under any of the following.
- Foreign earned income exclusion.
- Foreign housing exclusion.
- Possession exclusion.
- Extraterritorial income exclusion.
If your wages are completely excluded, you cannot deduct or
take a credit for any of the foreign taxes paid on these wages.
If only part of your wages is excluded, you cannot deduct or take a
credit for the foreign income taxes allocable to the excluded part.
You find the taxes allocable to your excluded wages by applying a
fraction to the foreign taxes paid on foreign earned income received
during the tax year. The numerator (top number) of the fraction is
your excluded foreign earned income received during the tax year minus
deductible expenses allocable to that income (not including the
foreign housing deduction). The denominator (bottom number) of the
fraction is your total foreign earned income received during the tax
year minus all deductible expenses allocable to that income (including
the foreign housing deduction).
If foreign law taxes both earned income and some other type of
income and the taxes on the other type cannot be separated, the
denominator of the fraction is the total amount of income subject to
foreign tax minus deductible expenses allocable to that other type of
income.
If you take a foreign tax credit for tax on income you could have
excluded under your choice to exclude foreign earned income or your
choice to exclude foreign housing costs, one or both of the choices
may be considered revoked.
Credit for
Foreign Income Taxes
If you take the foreign tax credit, you may have to file Form 1116
with Form 1040. Form 1116 is used to
figure the amount of foreign tax paid or accrued that can be claimed
as a foreign tax credit. Do not include the amount of foreign tax paid
or accrued as withheld federal income taxes on Form 1040, line 59.
The foreign income tax for which you can claim a credit is the
amount of legal and actual tax liability you pay or accrue during the
year. The amount for which you can claim a credit is not necessarily
the amount withheld by the foreign country. You cannot take a foreign
tax credit for income tax you paid to a foreign country that would be
refunded by the foreign country if you made a claim for refund.
Subsidies.
If a foreign country returns your foreign tax payments to you in
the form of a subsidy, you cannot claim a foreign tax credit based on
these payments. This rule applies to a subsidy provided by any means
that is determined, directly or indirectly, by reference to the amount
of tax, or to the base used to figure the tax.
Some ways of providing a subsidy are refunds, credits, deductions,
payments, or discharges of obligations. A credit is also not allowed
if the subsidy is given to a person related to you, or persons who
participated in a transaction or a related transaction with you.
Limit
The foreign tax credit is limited to the part of your total U.S.
tax that is in proportion to your taxable income from sources outside
the United States compared to your total taxable income. The allowable
foreign tax credit cannot be more than your actual foreign tax
liability.
Exemption from limit.
You will not be subject to this limit and will not have to file
Form 1116 if you meet all three of the following requirements.
- Your only foreign source income for the year is passive
income (dividends, interest, royalties, etc.) that is reported to you
on a payee statement (such as a Form 1099-DIV or
1099-INT).
- Your foreign taxes for the year that qualify for the credit
are not more than $300 ($600 if you are filing a joint return) and are
reported on a payee statement.
- You elect this procedure.
If you make this election, you cannot carry back or carry over
any unused foreign tax to or from this year.
Separate limit.
You must figure the limit on a separate basis with regard to each
of the following categories of foreign source income (see the
instructions for Form 1116).
- Passive income.
- High withholding tax interest.
- Financial services income.
- Shipping income.
- Certain dividends from a domestic international sales
corporation (DISC) or former DISC.
- Certain distributions from a foreign sales corporation (FSC)
or former FSC.
- Any lump-sum distributions from employer benefit plans for
which a special averaging treatment is used to determine your
tax.
- Section 901(j) income.
- Income resourced by treaty.
- All other income not included above (general limitation
income).
Figuring the limit.
In figuring taxable income in each category, you take into account
only the amount that you must include in income on your federal tax
return. Do not take any excluded amount into account.
To determine your taxable income in each category, deduct expenses
and losses that are definitely related to that income.
Other expenses (such as itemized deductions or the standard
deduction) not definitely related to specific items of income must be
apportioned to the foreign income in each category by multiplying them
by a fraction. The numerator (top number) of the fraction is your
gross foreign income in the separate limit category. The denominator
(bottom number) of the fraction is your gross income from all sources.
For this purpose, gross income includes amounts that are otherwise
exempt or excluded. You must use special rules for deducting interest
expenses. For more information on allocating and apportioning your
deductions, see Publication 514.
Exemptions.
Do not take the deduction for exemptions for yourself, your spouse,
or your dependents in figuring taxable income for purposes of the
limit.
Recapture of foreign losses.
If you have an overall foreign loss and the loss reduces your U.S.
source income (resulting in a reduction of your U.S. tax liability),
you must recapture the loss in later years when you have taxable
income from foreign sources. This is done by treating a part of your
taxable income from foreign sources in later years as U.S. source
income. This reduces the numerator of the limiting fraction and the
resulting foreign tax credit limit.
Foreign tax credit carryback and carryover.
The amount of foreign income tax not allowed as a credit because of
the limit can be carried back 2 years and carried forward 5 years.
More information on figuring the foreign tax credit can be found in
Publication 514.
Deduction for
Foreign Income Taxes
Instead of taking the foreign tax credit, you can deduct foreign
income taxes as an itemized deduction on Schedule A (Form 1040).
You can deduct only foreign income taxes paid on income
that is subject to U.S. tax. You cannot deduct foreign taxes paid on
earnings you exclude from tax under any of the following.
- Foreign earned income exclusion.
- Foreign housing exclusion.
- Possession exclusion.
- Extraterritorial income exclusion.
Example.
You are a U.S. citizen and qualify to exclude your foreign earned
income. Your excluded wages in Country X are $70,000 on which you paid
income tax of $10,000. You received dividends from Country X of $2,000
on which you paid income tax of $600.
You can deduct the $600 tax payment because the dividends relating
to it are subject to U.S. tax. Because you exclude your wages, you
cannot deduct the income tax of $10,000.
If you exclude only a part of your wages, see the earlier
discussion under Foreign taxes paid on excluded income.
Deduction for
Other Foreign Taxes
You can deduct real property taxes you pay that are imposed on you
by a foreign country. You take this deduction on Schedule A (Form
1040). You cannot deduct other foreign taxes, such as personal
property taxes, unless you incurred the expenses in a trade or
business or in the production of income.
On the other hand, you generally can deduct personal property taxes
when you pay them to U.S. possessions. But if you claim the possession
exclusion, see Publication 570.
The deduction for foreign taxes other than foreign income taxes is
not related to the foreign tax credit. You can take deductions for
these miscellaneous foreign taxes and also claim the foreign tax
credit for income taxes imposed by a foreign country.
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