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Taxes Expatriation Tax
Who is an
Expatriate?
2
• U.S. resident or citizen who is staying
overseas for more than a year
• Still obliged file their income tax return
and pay taxes
• Underpayment penalty, late filing
penalty or non-filing penalty is applied
if an expatriate does not file his/her tax
returns
Filing Tax
Returns
3
• Based on the 1993 Treasury Decision,
expats are excluded to file tax returns as
long as there is no tax liability.
• Write “Filed Pursuant to Sec 1.911-7
(a)(2)(i)(D)” on top of the form
• Use Form 9465 or Installment
Agreement Request to pay taxes in
installment
• Ask for Private Letter Ruling in case you
haven’t filed your tax returns and the IRS
knows it
Special Tax
Provisions
4
• Foreign Tax Credit
• Helps compensate taxes you were
obliged to pay while in foreign soil
• Ideal for U.S. expats who earn a lot in a
country where tax rates are higher than
his/her home country
Special Tax
Provisions
5
• Foreign Tax Credit
• Using foreign tax credit:
• Applicable when exacted on your earnings
• Legally compelled to pay tax
• Paid foreign tax and did not gain anything
from it
• Country is not sanctioned by the United
States
• Can only be used for tax liabilities that are
relevant to your foreign income
Special Tax
Provisions
6
• Foreign Earned Income Tax Inclusion
(FEIE)
• Expats can exclude two items from their
tax returns:
• Foreign income worth $95,100 or less
• Foreign housing cost limited to 30% of
maximum FEIE
Special Tax
Provisions
7
• Foreign Earned Income Tax Inclusion
(FEIE)
• Using FEIE:
• Source of income is a result of work or
service carried out in a foreign country
• Location of business or employment is in
a foreign country
• Passed the bona fide residence test or
physical presence test
Tax Programs
for Expats
8
• Streamlined Filing Program
• Helps expats catch-up with their
obligations to prevent penalties from
being incurred
• Qualifications:
• Lived outside the U.S. since January 1,
2009
• Must have not fulfilled his/her obligation
to file his/her tax return
• Must show that failure to file tax returns
was non-willful
Tax Programs
for Expats
9
• Offshore Voluntary Disclose Program
• Expats who have undisclosed income from
offshore accounts will have the chance to
update their tax returns
• “Quiet” Disclosure
• Expats can file tax returns without using
Streamlined Filing Program and Offshore
Voluntary Disclose Program
• Statute of limitation is three years
• IRS warns taxpayers who opt for this method
to be wary of the risks involved (can be
criminally prosecuted)
Good fortune is what
happens when
opportunity meets with
planning.
- Thomas Alva Edison
10
BKM Sowan Horan, LLP
15301 Dallas Parkway, Suite 960
Dallas, Texas 75001
Phone: 214-545-3965
Fax: 214-545-3966
www.bkmsh.com
For more information about Expatriation Tax, please visit: http://bit.ly/BKMSH-Expatriation-Tax

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BKMSH Expatriation Tax

  • 2. Who is an Expatriate? 2 • U.S. resident or citizen who is staying overseas for more than a year • Still obliged file their income tax return and pay taxes • Underpayment penalty, late filing penalty or non-filing penalty is applied if an expatriate does not file his/her tax returns
  • 3. Filing Tax Returns 3 • Based on the 1993 Treasury Decision, expats are excluded to file tax returns as long as there is no tax liability. • Write “Filed Pursuant to Sec 1.911-7 (a)(2)(i)(D)” on top of the form • Use Form 9465 or Installment Agreement Request to pay taxes in installment • Ask for Private Letter Ruling in case you haven’t filed your tax returns and the IRS knows it
  • 4. Special Tax Provisions 4 • Foreign Tax Credit • Helps compensate taxes you were obliged to pay while in foreign soil • Ideal for U.S. expats who earn a lot in a country where tax rates are higher than his/her home country
  • 5. Special Tax Provisions 5 • Foreign Tax Credit • Using foreign tax credit: • Applicable when exacted on your earnings • Legally compelled to pay tax • Paid foreign tax and did not gain anything from it • Country is not sanctioned by the United States • Can only be used for tax liabilities that are relevant to your foreign income
  • 6. Special Tax Provisions 6 • Foreign Earned Income Tax Inclusion (FEIE) • Expats can exclude two items from their tax returns: • Foreign income worth $95,100 or less • Foreign housing cost limited to 30% of maximum FEIE
  • 7. Special Tax Provisions 7 • Foreign Earned Income Tax Inclusion (FEIE) • Using FEIE: • Source of income is a result of work or service carried out in a foreign country • Location of business or employment is in a foreign country • Passed the bona fide residence test or physical presence test
  • 8. Tax Programs for Expats 8 • Streamlined Filing Program • Helps expats catch-up with their obligations to prevent penalties from being incurred • Qualifications: • Lived outside the U.S. since January 1, 2009 • Must have not fulfilled his/her obligation to file his/her tax return • Must show that failure to file tax returns was non-willful
  • 9. Tax Programs for Expats 9 • Offshore Voluntary Disclose Program • Expats who have undisclosed income from offshore accounts will have the chance to update their tax returns • “Quiet” Disclosure • Expats can file tax returns without using Streamlined Filing Program and Offshore Voluntary Disclose Program • Statute of limitation is three years • IRS warns taxpayers who opt for this method to be wary of the risks involved (can be criminally prosecuted)
  • 10. Good fortune is what happens when opportunity meets with planning. - Thomas Alva Edison 10 BKM Sowan Horan, LLP 15301 Dallas Parkway, Suite 960 Dallas, Texas 75001 Phone: 214-545-3965 Fax: 214-545-3966 www.bkmsh.com For more information about Expatriation Tax, please visit: http://bit.ly/BKMSH-Expatriation-Tax