Keyword: U.S. Citizen Abroad
This is archived information that pertains only to the 2003 Tax Year. If you are looking for information for the current tax year, go to the Tax Prep Help Area.
1.7 IRS Procedures: Extensions
If I won't be able to finish my return by April 15, can I get an
extension?
Yes. You can get an extension by filing Form 4868 (PDF), Extension of Time To File U.S. Individual Income Tax Return,
by the due date. By filing the extension, you avoid the late filing penalty.
However, Form 4868 does not extend the time to pay your income tax. For more
details, refer to Tax Topic 304, Extensions of Time to File Your
Tax Return.
Special rules apply to U.S. citizens and residents whose home and main
place of business or post of duty are outside the United States or Puerto
Rico on the return due date, April 15. For more information, refer to Publication 54, Tax Guide for U.S. Citizens and Resident Aliens Abroad.
References:
- Publication 54, Tax Guide for U.S. Citizens and Resident
Aliens Abroad
- Form 4868 (PDF), Extension of
Time To File U.S. Individual Income Tax Return
- Tax Topic 304, Extensions of Time to File Your Tax
Return
I am filing my U.S. tax return from the U.K. and am eligible for
the automatic 2-month extension. Do my forms need to be in Philadelphia by
June 15th, or do they just need to be postmarked by June 15th?
Your return must be postmarked by June 15.
References:
I will be vacationing overseas on April 15. Since I will be out
of the country, do I qualify for the automatic 2-month extension?
No. You are allowed an automatic 2-month extension (until June 15, if you
use a calendar year) to file your return and pay any federal income tax that
is due if you are a U.S. citizen or resident, only if:
You are living outside of the United States and Puerto Rico, and your
main place of business or post of duty is outside the United States and Puerto
Rico, or
you are in the military or naval service on duty outside the United States
and Puerto Rico
Vacationing is a temporary status that does not meet the criteria for the
automatic 2-month extension.
References:
- Form 4868 (PDF) , Application
for Automatic Extension of Time to File U.S. Individual Income Tax Return
6.2 Social Security Income: Canadian & Foreign Treaties
For an American citizen residing in Canada using Form 1040A, should
the taxable amount of U. S. social security benefits shown on line 14b be
$0.00 due to the Canada-U.S. tax treaty?
Under the 1997 protocol to the Canada - U.S. tax treaty, the Canadian and
US governments agreed to return to a residence-based system under which social
security benefits are taxable exclusively in the country where the recipient
resides. As a result, the entry for line 14b would be $0.00.
References:
- Publication 597, Information on the United States-Canada
Income Tax Treaty
- Publication 915, Social Security and Equivalent Railroad
Retirement Benefits
- Tax Topic 423, Social security and equivalent railroad
retirement benefits
13.1 Aliens and U.S. Citizens Living Abroad: Canadian & U.S. Tax Issues
I am a U.S. citizen. If I move to Canada to live and work there
as a Canadian permanent resident, do I pay both U.S. and Canadian Taxes?
United States citizens living abroad are required to file annual U.S.
income tax returns and report their worldwide income if they meet the minimum
income filing requirements for their filing status and age. You must contact
the Canadian Government to determine whether you must file a Canadian tax
return and pay Canadian taxes. For the United States income tax return, you
will have several options available to you regarding claiming a foreign tax
credit or excluding some or all of your foreign earned income.
References:
Are the Canada Pension Plan and Canadian Old Age Security Benefits
taxable? If they are, please tell me where they should be entered on Form
1040.
Benefits paid under the Canada Pension Plan (CPP), Quebec Pension Plan
(QPP), and Old Age Security (OAS) program to a U.S. resident are taxable,
if at all, only in the United States. According to the U.S. - Canada income
tax treaty, taxation of these benefits is based on residence. U.S. citizens
or green card holders who reside in Canada are not subject to U.S. tax on
this income.
These Canadian benefits are treated as U.S. social security benefits for
U.S. tax purposes. Thus, under section 86 of the Internal Revenue Code, the
portion of the benefits that is taxable will depend on your income and filing
status. If your modified adjusted gross income is above certain limits, a
maximum of 85% of your benefits will be subject to U.S. tax. Refer to Tax Topic 423 for information about determining the taxable amount of your benefits.
Any benefit under the social security legislation of Canada that would not
be subject to Canadian tax if paid to a resident of Canada is not subject
to U.S. tax.
Canadian benefits that are treated as U.S. social security benefits are
reported on line 20a and 20b of Form 1040, U. S. Individual Income Tax Return
or line 14a and 14b of Form 1040A.
References:
I am a U.S. citizen who lived in Canada and invested in Registered
Retirement Savings Plans (RRSPs) which are similar to IRAs. Under the Canada
- U.S. Tax Treaty, I am not sure how to treat the income on these investments.
Is the income tax deferred or must it be claimed as earned?
Although Canadian registered retirement savings plans are similar to individual
retirement accounts (IRAs), they do not meet the requirements for qualification
as IRAs under section 408(a) of the Internal Revenue Code. As a result, the
earnings of such a plan are includable currently in the gross income of the
beneficiary of the plan for United States income tax purposes. Whether or
not the earnings are distributed. However, a beneficiary of certain Canadian
retirement plans may elect for a tax year (the current year) to defer United
States income tax on certain current-year earnings of the plan that are not
distributed to the beneficiary. An election to defer is made by the beneficiary
attaching to the beneficiary's United States federal income tax return, a
statement that contains for each plan the information specified in Revenue
Procedure 2002-23 , 2002-15 I.R.B. 744, or in any future Revenue Procedure
that supersedes Rev. Proc. 2002-23. Additional filing requirements are detailed
in Notice 2003-25, 2003-18 I.R.B. 855 and Notice 2003-57, 2003-34 I.R.B. 397.
You can also download the most recent Internal Revenue Bulletins by visiting
our Tax Info For Business section.
References:
- Publication 597, Information on the United States -
Canada Income Tax Treaty
- Revenue
Procedure 2002-23, 2002-15 I.R.B. 744 (April 15, 2002),
Notice 2003-25, 2003-18 I.R.B. 855 (May 5, 2003), Notice 2003-57, 2003-34
I.R.B 397
13.3 Aliens and U.S. Citizens Living Abroad: Foreign Income & Foreign Income Exclusion
What is foreign earned income? Is it income from a foreign source
or income paid by a U.S. company while living abroad?
Earned income is pay for personal services performed, such as wages, salaries,
or professional fees. Foreign earned income is income you receive for services
you perform in a foreign country during a period when your tax home is in
a foreign country and during which you meet either the bona fide residence
test or the physical presence test. It does not matter whether earned income
is paid by a U.S. employer or a foreign employer. Foreign earned income does
not include the following amounts.
The previously excluded value of meals and lodging furnished for the convenience
of your employer.
Pension or annuity payments including social security benefits.
Payments by the U.S. Government, or any U.S. government agency or instrumentality,
to its employees.
Amounts included in your income because of your employer's contributions
to a nonexempt employee trust or to a nonqualifying annuity contract.
Recaptured unallowable moving expenses
Payments received after the end of the tax year following the tax year
in which you performed the services that earned the income.
References:
Do I have to meet the 330-day presence test or have a valid working
resident visa to meet the requirement for foreign income exclusion?
To claim the foreign earned income exclusion, the foreign housing exclusion,
or the foreign housing deduction, you must have foreign earned income, your
tax home must be in a foreign country, and you must be one of the following:
A U.S. citizen who is a bona fide resident of a foreign country or countries
for an uninterrupted period that includes an entire tax year,
A U.S. resident alien who is a citizen or national of a country with which
the United States has an income tax treaty with a nondiscrimination article
in effect and who is a bona fide resident of a foreign country or countries
for an uninterrupted period that includes an entire tax year, or
A U.S. citizen or a U.S. resident alien who is physically present in
a foreign country or countries for at least 330 full days during any period
of 12 consecutive months.
U.S. tax law does not specifically require a foreign resident visa or work
visa for this purpose, but you (must/should) comply with the other country's
laws.
References:
13.4 Aliens and U.S. Citizens Living Abroad: Nonresident Alien - General
I live in a foreign country. How do I get a social security number
for my dependent who qualifies for a social security card?
Use form SS-5-FS which may be obtained from the Social
Security Administration
References:
- Social Security Administration
My spouse is a nonresident alien. How can I get a nonworking social
security number for her?
Since 1997, each foreign person who does not have and cannot obtain a social
security number must use an IRS Individual Taxpayer Identification Number
(ITIN) on any U.S. tax return or refund claim filed. This would include:
filing a U.S. tax return to report U.S.-source income;
filing a U.S. tax return only to claim a refund of tax withheld;
being the spouse of a U.S. citizen or resident who elects to file a joint
tax return;
being claimed as a spouse for an exemption on a U.S. tax return; or,
being claimed as a dependent on another person's U.S. tax return.
Use IRS Form W-7 (PDF), Application for IRS
Individual Taxpayer Identification Number, to apply for an ITIN by mail
or in person at most IRS offices (see the list of offices abroad at the beginning
of Publication 1915 (PDF), Understanding
your IRS individual taxpayer identification number) in the U.S. and abroad,
at certain U.S. consular offices and at www.irs.gov.
Complete Form W-7 at least 4 to 6 weeks before you need an ITIN. Sign and
date the form and be sure to provide all information requested.
Provide original, or certified or notarized copies of identity documents
(examples of acceptable documents include an original passport, national identity
card, etc.). Original documents will be returned. See instructions for form
W-7 for more detailed information.
NOTE: If you have an INS document showing you are allowed to work in the
U.S., you are eligible for an SSN and should not file Form W-7.
If you choose the mailing option use the following address:
Internal
Revenue Service
Philadelphia Campus
ITIN
Unit
P.O. Box 447
Bensalem, PA 19020
USA
If you have not heard from the IRS regarding your ITIN application within
30 days after you filed Form W-7, you may call either 1-215-516-ITIN (1-215-516-4846)
(outside the United States) or toll free 1-800-tax-1040 (1-800-829-1040) (in
the United States) to find out the status of your application. Be sure to
have a copy of your Form W-7 application available when you call. Please allow
30 days from the date you filed Form W-7 before calling the IRS about the
status of your application.
For additional information about ITINs, refer to Publication 1915 (PDF), Understanding
Your IRS Individual Taxpayer Identification Number.
References:
13.7 Aliens and U.S. Citizens Living Abroad: U.S. Citizens Overseas
I am a U.S. citizen working abroad. Are my foreign earnings taxable?
A U.S. citizen or resident alien is generally subject to U.S. tax on total
worldwide income. However, if you are a United States citizen or a resident
alien who lives and works abroad, you may qualify to exclude all or part
of your foreign earned income. For specific information, refer to Tax Topic 853, Foreign Earned Income Exclusion - General.
If you would like more information on who qualifies for the exclusion,
refer to Tax Topic 854, Foreign Earned Income Exclusion - who qualifies.
For more information on what type of income qualifies for the exclusion, refer
to Tax Topic 855, Foreign Earned Income Exclusion - what qualifies.
You may also wish to refer to Publication 54, Tax Guide for U.S. Citizens
and Resident Aliens Abroad, for a detailed discussion.
If the information you need relating to this topic is not addressed in
Publication 54, you may call the IRS International Tax Law hotline. The number
is (215) 516-2000. This is not a toll-free number.
References:
I live in a foreign country. Where can I find local tax assistance
and forms?
The IRS has a full-time permanent staff in 6 U.S. Embassies. These offices
have tax forms and publications, can help you with account problems, and answer
your questions about notices and bills. For more information about these offices,
please refer to www.irs.gov under "Contact
My Local Office."
In addition, most U.S. Embassies stock the more commonly used tax forms
and publications, and sponsor speaking tours by IRS employees during filing
season.
I am a U.S. citizen and married a nonresident alien last year. At
that time, we filed an application with the Bureau of Citizenship and Immigration
Services (BCIS, formerly INS) for my spouse's adjustment of status. We plan
to file married filing jointly. Will I need to use Form 1040NR?
As a U.S. citizen, you cannot file Form 1040NR (PDF), U.S.
Nonresident Alien Income Tax Return. If you make an election to file
a joint return with your nonresident alien spouse (your spouse must, in turn,
elect to be taxed as U.S. resident), file Form 1040 (PDF),
U.S. Individual Income Tax Return (or Form 1040A (PDF) or Form 1040EZ (PDF) if otherwise applicable), and report
both incomes from worldwide sources.
You will need to get an ITIN for your spouse. To apply for an ITIN, file Form W-7 (PDF), Application for IRS Individual Taxpayer
Identification Number.
References:
- Form 1040NR (PDF), U.S. Nonresident
Alien Income Tax Return
- Form 1040 (PDF), U.S. Individual
Income Tax Return
- Form W-7 (PDF), Application for
IRS Individual Taxpayer Identification Number
- Tax Topic 857, Individual Taxpayer Identification
Number - Form W-7
I worked out of the country for one year. Do I have to pay U.S.
income tax?
As a U.S. citizen, your worldwide income generally is subject to U.S. income
tax, regardless of where you are living. However, you may qualify for the
foreign earned income exclusion, foreign housing exclusion or foreign housing
deduction, or the foreign tax credit. These tax benefits can reduce or eliminate
the U.S. tax you would otherwise have to pay on your foreign income.
References:
I am a U.S. citizen working for a U.S. firm in a foreign country.
Is any part of my wages or expenses tax deductible?
U.S. citizens are taxed on their worldwide income, no matter where they
work. Some taxpayers may qualify for the foreign earned income exclusion,
foreign housing exclusion, or foreign housing deduction, if their tax home
is in a foreign country and they were either a bona fide resident of a foreign
country or countries for an uninterrupted period that includes an entire tax
year, or were physically present in a foreign country or countries for at
least 330 full days during any period of 12 consecutive months. If the taxpayer
is temporarily away from his or her tax home in the United States on business
(less than a year), the taxpayer may qualify to deduct away from home expenses
(for travel, meals, and lodging ) but would not qualify for the foreign earned
income exclusion.
References:
I am a U.S. citizen living and working overseas. Can I have a tax
credit on my U.S. taxes for the taxes I pay to the foreign country?
The foreign tax credit is intended to relieve U.S. taxpayers of the double
tax burden when their foreign source income is taxed by both the United States
and the foreign country from which the income is derived.
Generally, only income taxes paid or accrued to a foreign country or a
U.S. possession qualify for the foreign tax credit. You can choose to take
the amount of any qualified foreign taxes paid or accrued during the year
as a foreign tax credit or as an itemized deduction.
To choose the foreign tax credit you must generally complete Form 1116 (PDF), Foreign Tax Credit and attach
it to your Form 1040. You may claim credit without attaching Form 1116 if
all of your foreign source income is passive income (such as interest and
dividends) reported to you on a payee statement and the total amount of qualifying
foreign taxes you paid or accrued is not more than $300 ($600 in the case
of a joint return) and is also reported to you on a payee statement. To choose
the deduction, you must itemize deductions on Schedule A, Form 1040.
You may not take either a credit or a deduction for taxes paid or accrued
on income you exclude under the foreign earned income exclusion or the foreign
housing exclusion. There is no double taxation in this situation because the
income is not subject to U.S. tax.
References:
13.8 Aliens and U.S. Citizens Living Abroad: Other
How do I know if the U.S. has an income tax treaty with another
country?
Publication 901, U.S. Tax Treaties , has information regarding
United States tax treaties.
You can also locate the complete text of current treaties at www.irs.gov/businesses/international/index.html or use our search engine with keywords "income tax treaties."
References:
How much money can I bring in to the U.S.?
There is no limit on the total amount of monetary instruments which may
be brought into or taken out of the United States, nor is it illegal to do
so. However, if you transport or cause to be transported (including by mail
or other means) more than $10,000 in monetary instruments on any occasion
into or out of the United States, or if you receive more than that amount,
you must file Form 4790 (PDF), Report of International
Transportation of Currency or Monetary Instruments with U.S. Customs (Currency
& Foreign Transactions Reporting Act, 31 U.S.C. 1101, et seq.). Failure
to comply can result in civil, criminal and/or forfeiture penalties.
Monetary instruments include U.S. or foreign coin in current circulation,
currency, travelers checks in any form, money orders, and negotiable instruments
or investment securities in bearer form. A transfer through normal banking
procedures which does not involve the physical transportation of monetary
instruments is not required to be reported.
References:
- Form 4790 (PDF), Report of International
Transportation of Currency or Monetary Instruments with U.S. Customs (Currency
& Foreign Transactions Reporting Act, 31 U.S.C. 1101, et seq.)
Tax Topics & FAQs | 2003 Tax Year Archives | Tax Help Archives | Home
|