Keyword: Foreign Country
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
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
In addition to U.S. Social Security, I also receive British Social
Security. How should I report the British Social Security income?
Under the U.S.-United Kingdom income tax treaty that entered into force
during 2003, social security income is taxable only by the country of residence.
If you are a resident of the U.S. for tax purposes, the income would be reported
and taxed in the U.S. You would not treat the income as U.S. social security
benefits. The entire amount would be taxable as pension and annuity income
on your U.S. tax return. Your "investment in the contract" for purposes of
determining the portion of each payment that is taxable would be $0. Under
the prior treaty with the UK, social security benefits were treated the same
way.
References:
Are Social Security benefits received from Austria or Germany treated
like U.S. Social Security benefits? If not, how are they reported?
Austrian social security benefits paid to a U.S. resident or a citizen
of the US are taxable only by Austria and not by the United States. These
benefits should not be reported . German social security benefits paid to
a U.S. resident are taxable, if at all, only by the United States. These German
benefits are treated like U.S. social security benefits. Thus, under section
86 of the Internal Revenue Code, the portion of the benefits that is taxable
will depend on your income level. If your total income is above certain limits,
a maximum of 85% of your benefits will be subject to U.S. tax.
References:
- Publication 915, Social Security and Equivalent Railroad
Retirement Benefits
12.7 Small Business/Self-Employed/Other Business: Income & Expenses
Where can I find the per diem rates for foreign countries?
The federal per diem rates for foreign locations (outside the continental
United States, abbreviated as OCONUS, and including the per diem rates for
Alaska, Hawaii, Puerto Rica, the Northern Mariana Islands, U. S. possessions,
and all foreign locates) are published monthly in the Maximum Travel Per Diem
Allowances for Foreign Areas. Your employer may have these rates available,
or you can purchase the publication from the:
Superintendent of Documents
U.S.
Government Printing Office
P.O. Box 371954
Pittsburgh,
PA 15250-7954
You can also access the federal per diem rates for CONUS localities on
the Internet at http://www.policyworks.gov/perdiem .
This website also provides a link to rates for localities OCONUS..
References:
13.1 Aliens and U.S. Citizens Living Abroad: Canadian & U.S. Tax Issues
I need to convert Canadian currency to U.S. dollars. How does the
foreign currency exchange rate work?
Foreign currency needs to be translated into U.S. dollars to determine
the amount of income (such as income from the sale of goods or services, dividends
or interest) to report on a taxpayer's U.S. return and to determine gain or
loss when foreign currency is disposed of. The proper translation rate depends
on the item of income and whether the taxpayer is a cash or accrual method
taxpayer.
. Dividends . Dividends are translated at the spot
rate on the date received.
. Interest . Interest income that is not required
to be accrued (because, for example, the taxpayer is an individual holding
a debt instrument that does not have original issue discount) is translated
at the spot rate on the date received. Interest income that is required to
be accrued is translated at the average rate for each accrual period. When
such interest is received the taxpayer will realize foreign currency gain
or loss based on the difference in exchange rates used to accrue the interest
and the spot rate on the date such interest is received. (A taxpayer may also
realize foreign currency gain or loss on the principal when the instrument
is sold or matures.)
. Payable and receivables . An accrual basis taxpayer
may also realize foreign currency gain or loss with respect to a foreign currency
denominated payable or receivable. Generally, foreign currency gain or loss
is computed by reference to the change in exchange rates between the time
the payable or receivable arises and when it is paid or received. For example,
if an accrual basis taxpayer sells a product for L100 when L1= $1 with payment
to occur in 90 days and receives payment of L100 when L1 = $1.20, the taxpayer
will realize $20 ($120 - $100) of foreign currency gain. It should be noted
that in certain circumstances, taxpayers may use spot rate conventions if
consistent with the taxpayer method of financial accounting.
You can generally get the exchange rates from banks and U.S. Embassies.
Other possible sources of exchange rate would be publications, such as the
Wall Street Journal. If there is more than one exchange rate, use the one
that most properly reflects your income.
References:
13.2 Aliens and U.S. Citizens Living Abroad: Exchange Rate
Is there an Internet site with the exchange rates to convert foreign
currencies to American dollars?
You can obtain currency exchange rates at the Federal
Reserve Board web sites.
References:
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:
I have a bank account in a foreign country. Do I have to report
the interest?
If you are a U.S. citizen or resident alien with investment income from
sources outside the United States (foreign income), you must report all that
income on your tax return unless it is exempt by U.S. law. This is true whether
you reside inside or outside the United States and whether or not you receive
a Form 1099 or similar statement from the foreign payer.
You will report the income on Form 1040, Schedule B (PDF), Interest
& Dividend Income. You may be required to Check the box "yes" on
the bottom of Schedule B if you have a foreign bank account.
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 am a foreign national and came to this country on June 30th of
last year. I have a H-1 visa. What is my tax status regarding residency nonresident
alien, or resident alien?
You were a dual status alien last year. As an H-1 visa holder in the U.S.
for 183 days or more, you likely became a resident, for tax purposes, as of
June 30th. For the part of the year you are a resident alien, you are taxed
on income from all sources.
For the part of the year that you are not a resident alien, you are not
taxed on income from sources outside the United States, unless the income
is effectively connected with a trade or business in the United States.
Income from U.S. sources is taxable whether you receive it while a nonresident
alien or a resident alien unless specifically exempt under the Internal Revenue
Code or a tax treaty provision. Generally, tax treaty provisions apply only
to the part of the year you were a nonresident and only if you are a resident
for treaty purposes of a country that has a treaty with the United States.
For that part of the year that you are a nonresident, file Form 1040NR (PDF), U.S. Nonresident Alien Income Tax Return. For that
part of the year you are a resident, file Form 1040 (PDF) .
Refer to Tax Topic 852 for dual-status information.
References:
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:
13.5 Aliens and U.S. Citizens Living Abroad: Nonresident Alien - Tax Withholding
I am a foreign citizen and resident from the European Union. I plan
to buy U.S. stocks, but what tax will I have to pay if I have earnings on
stocks?
U.S. source dividend income is subject to 30% tax rate when paid to nonresident
aliens. A lower rate may apply to residents of a member country with which
the United States has an income tax treaty. The U.S. does not currently recognize
the E.U. as a taxing authority.
References:
I am a nonresident alien. Our broker withholds 30% tax on dividends.
Can I get this tax back since I already owe tax in my residence country on
overseas income?
Generally, this type of income paid to nonresident aliens is taxable at
the 30% or lower treaty rate. If your country has a tax treaty with the U.S.,
you may have a reduced rate of tax. If that is the case, you should file Form 1040NR (PDF), U.S. Nonresident Alien Income Tax
Return, to claim a refund of federal income taxes withheld. To avoid
future excess withholding, provide your broker with a completed Form W-8BEN (PDF) , Certificate of Foreign Status of
Beneficial Owner for U.S. Tax Withholding. You may be entitled to a
credit against the tax you owe to your residence country for the U.S. tax
that is withhold from your dividends.
References:
13.6 Aliens and U.S. Citizens Living Abroad: Nonresident Alien - Students
I am a foreign national and last year I changed my type of visa
from F-1 student to H-1 work visa. Does my visa status change how I file my
tax return or what forms I use?
It depends on whether or not you qualify as a resident alien. As a foreign
national temporarily in the U.S. and now under an H-1 visa, you must file Form 1040NR (PDF), U.S. Nonresident Alien Income Tax
Return and Form 8843 (PDF), Statement
for Exempt Individuals and Individuals with a Medical Condition (if you
do not meet the substantial presence test). In order to file a Form 1040,
Individual Tax Return, you must meet the substantial presence test. Please
refer to Publication 519, U.S. Tax Guide for Aliens , for a
detailed discussion of the Substantial Presence Test. You may also
qualify to file as a dual status taxpayer for the year of your visa change.
Refer toTax Topic 852 , for dual status information.
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.)
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