If you’re an American citizen who lives in another country, you’ll likely need to file a return even if you haven’t set foot in the U.S. for years and earn no money there.
U.S. income taxes for expatriates can be incredibly complex. Following is a summary that is as easy to understand as possible. For more information, see IRS Publication 514, Foreign Tax Credit for Individuals.
The IRS Doesn’t Care Where You Live
The first thing you need to understand is that, if you are a U.S. citizen, the IRS doesn’t care where you live — you are still subject to its very long reach. Regardless of where you live or where you earn your income, you must file a tax return with the IRS and report 100% of your worldwide income (the only exception is if your total income is so low that you need not file a return).
Moreover, subject to some very important exceptions covered below, all the tax rules that apply to taxpayers who live in the United States also apply to you. This means you are subject to the same income tax rates, and are entitled to the same deductions and credits as any U.S. resident. As a result, you may end up owing U.S. income taxes on the income you earn outside the United States.
You May Be Able to Reduce or Eliminate Your U.S. Income Taxes
Although expats are subject to U.S. income taxes, they are entitled to some special credits or exclusions that can reduce their U.S. income taxes or even eliminate them entirely. These are the:
- foreign tax credit, and
- exclusions from income.
You may not claim both the foreign tax credit and exclusions from income against the same earnings. You have to choose one or the other.
Foreign Tax Credit
Believe it or not, the U.S. doesn’t want to subject you to double taxation — that is, to have you end up paying income tax in the country you live in plus U.S. income taxes on the same income. The foreign tax credit is designed to help minimize such double taxation. It works by giving you a tax credit for all or part of the amount you paid in foreign tax.
Only foreign income taxes and excess profits taxes (or taxes paid in lieu of such taxes) qualify for the credit. Thus, for example, if you’ve been out shopping for souvenirs or a country estate, you won’t get a credit for having paid foreign value-added taxes, sales taxes, or property taxes.
You get a foreign tax credit only on the portion of your U.S. income tax attributable to your foreign income. This is equal to the lesser of: (1) the amount of foreign income taxes you paid, or (2) an overall limitation based on an IRS formula.
Instead of taking a credit for foreign income taxes, you can choose to deduct them as an itemized deduction on your Schedule A. However, it’s almost always better to take the credit instead. Only in unusual cases will an itemized deduction for foreign taxes exceed the value of the foreign tax credit.
Exclusions From Income
Instead of taking the foreign tax credit, a U.S. expat may elect to exclude from gross income:
- foreign earned income of up to $97,600 in 2013, and
- foreign housing costs up to 30% of the maximum foreign earned exclusion (with possible adjustment based upon geographic location), reduced by a base amount ($15,216 for 2013).
You need pay no U.S. income tax on these amounts.
Example: Joseph lived and worked in London during 2013. He earned $150,000 and paid $36,000 in rent on a London flat. He may exclude $97,600 of his foreign earnings from his U.S. taxable income, plus claim a $8,784 housing cost exclusion ($36,000 – $15,216 = $8,784). This reduces his taxable income by $106,304.
You can elect to use either or both exclusions. They are available to each individual expat taxpayer, so, if eligible, each spouse may claim the exclusions even if a couple files a joint tax return.
Self-employed expats cannot claim the foreign housing exclusion. They must claim the foreign housing deduction instead.
To qualify for these exclusions from income, 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 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.
Why would you elect to use the exclusions from income instead of the foreign tax credit? Because you can use the exclusions regardless of whether you are subject to income tax in a foreign country. Thus, the exclusions can be better than the foreign tax credit if your foreign tax obligation is small.