Introduction
If you are a U. S. citizen working for the U.S. Government,
including the foreign service, and you are stationed abroad, your
income tax filing requirements are generally the same as those for
citizens and residents living in the United States. You are taxed on
your worldwide income, even though you live and work abroad.
However, you may receive certain allowances and have certain
expenses that you generally do not have while living in the United
States. This publication explains:
- Many of the allowances, reimbursements, and property sales
you are likely to have, and whether or not you must report them as
income on your tax return, and
- Many of the expenses you are likely to have, such as moving
expenses and foreign taxes, and whether or not you can deduct them on
your tax return.
U.S. possessions.
This publication does not cover the rules that apply if you are
stationed in American Samoa, Guam, the Commonwealth of the Northern
Mariana Islands, the Virgin Islands, or Puerto Rico. That information
is in Publication 570, Tax Guide for Individuals With Income From
U.S. Possessions.
Comments and suggestions.
We welcome your comments about this publication and your
suggestions for future editions.
You can e-mail us while visiting our web site at
www.irs.gov/help/email2.html.
You can write to us at the following address:
Internal Revenue Service
Technical Publications Branch
W:CAR:MP:FP:P
1111 Constitution Ave. NW
Washington, DC 20224
We respond to many letters by telephone. Therefore, it would be
helpful if you would include your daytime phone number, including the
area code, in your correspondence.
Useful Items You may want to see:
Publication
- 54
Tax Guide for U.S. Citizens and Resident Aliens Abroad
- 463
Travel, Entertainment, Gift, and Car Expenses
- 514
Foreign Tax Credit for Individuals
- 521
Moving Expenses
- 523
Selling Your Home
Form (and Instructions)
- Schedule A
(Form 1040) Itemized Deductions
- 1116
Foreign Tax Credit
- 2106
Employee Business Expenses
- 2106-EZ
Unreimbursed Employee Business Expenses
- 3903
Moving Expenses
- 4868
Application for Automatic Extension of Time To File U.S.
Individual Income Tax Return
- TD F 90-22.1
Report of Foreign Bank and Financial Accounts
See How To Get Tax Help, near the end of this
publication, for information about getting these publications and
forms.
Filing Information
If you are a U.S. citizen or resident living or traveling outside
the United States, you are generally required to file income tax
returns in the same way as those residing in the United States.
However, the special rules explained in the following discussions may
apply to you.
When To File and Pay
If you file on the basis of a calendar year, the due date for
filing your return and paying your tax is April 15 of the following
year. If you get an extension, you are allowed additional time to file
and, in some circumstances, pay your tax. You must pay interest on any
tax not paid by the regular due date.
If the due date for any tax related act, such as filing a return or
paying taxes, falls on a Saturday, Sunday, or legal holiday,
you can do that act on the next business day.
Your return is considered filed on time if it is postmarked by the
U.S. Postal Service, or dated by a designated delivery service, on or
before the due date (including extensions). See your tax form
instructions for a list of private delivery services that have been
designated by the IRS to meet this timely mailing as timely
filing/paying rule for tax returns and payments.
If your return is filed late, the postmark or delivery service date
does not determine the date of filing. In that case, your return is
considered filed when it is received by the IRS.
Automatic 2-month extension.
You can get an automatic 2-month extension (to June 15, for a
calendar year return) to file your return and pay your tax if you are
a U.S. citizen or resident and, on the regular due date of your
return, you are living outside the United States and Puerto Rico and
your main place of business or post of duty is outside the United
States and Puerto Rico. To get this extension, you must attach a
statement to your return explaining how you qualified.
Married taxpayers.
If you file a joint return, either you or your spouse can qualify
for the automatic extension. If you and your spouse file separate
returns, the extension applies only to the spouse who qualifies.
Automatic 4-month extension.
You can get an automatic 4-month extension (to August 15, for
calendar year returns) to file your return by filing Form
4868. You must file Form 4868 by the due date for your income
tax return.
If you qualify for the automatic 2-month extension, the 4-month
extension allows you an additional 2 months (until August 15) to file
your return. You must file Form 4868 by June 15, the due date for your
return as extended by the 2-month extension. Write Taxpayer Abroad
across the top of Form 4868.
You should estimate and pay any additional tax you owe when you
file Form 4868 to avoid being charged a late-payment penalty. The
late-payment penalty applies if, through withholding, etc., you paid
less than 90% of your actual tax liability by the original due date of
your income tax return. Even if the late-payment penalty does not
apply, you will be charged interest on any unpaid tax liability from
the original due date of the return until the tax is paid.
Electronic filing.
If you do not qualify for the automatic 2-month extension, you can
file for the 4-month extension by phone, using tax software, or
through a tax professional. See Form 4868 for more information.
Extension beyond 4 months.
If the automatic 4-month extension does not give you enough time,
you may be able to get additional time to file.
You can apply for an extension beyond the 4-month period by writing
a letter to the IRS or by filing Form 2688,
Application for Additional
Extension of Time To File U.S. Individual Income Tax Return. You
should request the extension early so that, if your request is denied,
you will still be able to file on time.
You generally cannot get a total extension of more than 6 months.
However, if you are outside the United States and meet certain tests,
you may be able to get a longer extension.
For more information see Publication 54.
Combat zone participants.
If you were a civilian who served in a combat zone or qualified
hazardous duty area in support of the U.S. Armed Forces, you can get
certain extensions of deadlines for filing tax returns, paying taxes,
filing claims for refund, and doing certain other tax-related acts.
For details, see Publication 3, Armed Forces' Tax Guide.
Death due to terrorist or military action.
U.S. income taxes are forgiven for a U.S. Government civilian
employee who dies as a result of wounds or injuries incurred while
employed by the U.S. Government outside the United States. The wounds
or injuries must have been caused by terrorist or military action
directed against the United States or its allies. The taxes are
forgiven for the deceased employee's tax years beginning with the year
immediately before the year in which the wounds or injury occurred and
ending with the year of death.
If the deceased government employee and the employee's spouse filed
a joint return, only the decedent's part of the joint tax liability is
forgiven.
For additional details, see Publication 559, Survivors,
Executors, and Administrators.
Foreign Bank Accounts
You must file Form TD F 90-22.1 if at any time
during the year you had an interest in, or signature or other
authority over, a bank account, securities account, or other financial
account in a foreign country. This applies if the combined assets in
the account(s) were more than $10,000. Do not include accounts in a
U.S. military banking facility operated by a U.S. financial
institution.
File the completed form, by June 30 of the following year, with the
Department of the Treasury at the address shown on that form. Do
not attach it to Form 1040.
Foreign Income
If you are a U.S. citizen or resident with income from sources
outside the United States, you must report all that income on your tax
return unless it is exempt by U.S. law. This applies to earned income
(such as wages) as well as unearned income (such as interest,
dividends, and capital gains).
Foreign earned income exclusion and foreign housing exclusion and deduction.
Certain taxpayers can exclude or deduct income earned in foreign
countries. However, the foreign earned income and housing exclusions
and the foreign housing deduction do not apply to the income you
receive as an employee of the U.S. Government.
U.S. agency reimbursed by foreign country.
If you are a U.S. Government employee paid by a U.S. agency to
perform services in a foreign country, your pay is from the U.S.
Government and does not qualify for the exclusions or the deduction.
This is true even if the U.S. agency is reimbursed by the foreign
government.
Employees of post exchanges, etc.
If you are an employee of an Armed Forces post exchange, officers'
and enlisted personnel club, embassy commissary, or similar
instrumentality of the U.S. Government, the earnings you receive are
paid by the U.S. Government. This is true whether they are paid from
appropriated or nonappropriated funds. These earnings are not eligible
for the foreign earned income and housing exclusions or the foreign
housing deduction.
Other employment.
If you are a U.S. citizen or resident employed abroad by the U.S.
Government and you also receive income from a private employer or
self-employment, you may qualify to claim the exclusions or the
deduction applicable to this other income. To qualify, you must meet
either the bona fide residence test or the physical presence test.
Your spouse who is a U.S. citizen or resident alien may also qualify
if he or she earns income in a foreign country that is paid by a
private employer or is from self-employment. Amounts paid by the
United States or its agencies to you if you are not their employee may
also qualify for the exclusions or the deduction.
Additional information.
For more information on the foreign earned income and housing
exclusions and foreign housing deduction, see Publication 54.
Allowances, Differentials, and Other Special Pay
Most payments received by U.S. Government civilian employees for
working abroad, including pay differentials, are taxable. However,
certain foreign areas allowances, cost of living allowances, and
travel allowances are tax free. The following discussions explain the
tax treatment of allowances, differentials, and other special pay you
receive for employment abroad.
Pay differentials.
Pay differentials you receive as financial incentives for
employment abroad are taxable. Your employer should have included
these differentials as wages on your Form W-2, Wage and Tax
Statement.
Generally, pay differentials are given for employment under adverse
conditions (such as severe climate) or because the location of the
post of duty is outside the United States. They include:
- Post differentials,
- Special incentive differentials, and
- Danger pay.
Foreign areas allowances.
Certain foreign areas allowances are tax free. Your employer should
not have included these allowances as wages on your Form W-2.
Tax-free foreign areas allowances are allowances (other than post
differentials) received under the following laws.
- Title I, chapter 9, of the Foreign Service Act of
1980.
- Section 4 of the Central Intelligence Act of 1949, as
amended.
- Title II of the Overseas Differentials and Allowances
Act.
- Subsection (e) or (f) of the first section of the
Administrative Expenses Act of 1946, as amended, or section 22 of that
Act.
These allowances cover such expenses as:
- Certain repairs to a leased home,
- Education of dependents in special situations,
- Motor vehicle shipment,
- Separate maintenance for dependents,
- Temporary quarters,
- Transportation for medical treatment, and
- Travel, moving, and storage.
Allowances received by foreign service employees for
representation expenses are also tax free under the above provisions.
Republic of Panama.
Employees of the Panama Canal Commission and civilian employees of
the Department of Defense stationed in Panama can exclude from their
income certain allowances that are comparable to the allowances (under
the 4 laws listed earlier) that can be excluded by employees of the
State Department stationed in Panama. However, the overseas tropical
differential paid to civilian employees is taxable.
Cost-of-living allowances.
If you are stationed outside the continental United States or in
Alaska, your gross income does not include cost-of-living allowances
(other than amounts received under Title II of the Overseas
Differentials and Allowances Act) granted by regulations approved by
the President of the United States. Cost-of-living allowances are not
included on your Form W-2.
Federal court employees.
If you are a federal court employee, the preceding paragraph
applies to you with one change. The cost-of-living allowance must be
granted by rules similar to regulations approved by the President.
American Institute in Taiwan.
If you are an employee of the American Institute in Taiwan,
allowances you receive are exempt from U.S. tax if they are equivalent
to tax-exempt allowances received by civilian employees of the U.S.
Government.
Reemployment after serving with an international organization.
Reemployment payments received by a federal employee who is
reemployed by a federal agency after serving with an international
organization are taxable. These payments are equal to the difference
between the pay, allowances, post differential, and other monetary
benefits paid by the international organization and the pay and other
benefits that would have been paid by the federal agency had the
employee been detailed to the international agency.
Allowances or reimbursements for travel and transportation expenses.
See How To Report Business Expenses, later, for a
discussion on whether a reimbursement or allowance is included in your
income.
Lodging furnished to a principal representative of the United States.
Lodging (including utilities) furnished as an official residence to
you as principal representative in a foreign country is tax free.
However, amounts paid by your employer for your usual household
expenses (which you must bear) are taxable. If amounts are withheld
from your pay to cover these expenses, they are not deductible.
Peace Corps.
If you are a Peace Corps volunteer or volunteer leader, some
allowances you receive are taxable and others are not.
Taxable allowances.
The following allowances must be included on your Form W-2
and reported on your return as wages. These include:
- Cash allowances received during training.
- If you are a volunteer leader, allowances paid to your
spouse and minor children while you are training in the United
States.
- The part of living allowances designated by the Director of
the Peace Corps as basic compensation. This is the part for personal
items such as domestic help, laundry and clothing maintenance,
entertainment and recreation, transportation, and other miscellaneous
expenses.
- Leave allowances.
- Readjustment allowances or termination
payments.
Taxable allowances are considered received by you when credited
to your account.
Example.
Gary Carpenter, a Peace Corps volunteer, gets $175 a month during
his period of service, to be paid to him in a lump sum at the end of
his tour of duty. Although the allowance is not available to him until
the end of his service, Gary must include it in his income on a
monthly basis as it is credited to his account.
Nontaxable allowances.
These generally include travel allowances and the part of living
allowances for housing, utilities, food, clothing, and household
supplies. These allowances should not be included on your Form
W-2. These allowances are tax free whether paid by the U.S.
Government or the foreign country in which you are stationed.
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