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:
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