Understanding the intricacies of foreign-earned income exclusion and foreign tax credit can be a daunting task for Americans living abroad. This guide aims to simplify these concepts and provide a clear path to navigate through the complexities of international taxation as your guide to foreign earned income exclusion and foreign tax credit for Americans.
The Foreign Earned Income Exclusion (FEIE) is a provision in the U.S. tax code that allows U.S. citizens or resident aliens living abroad to exclude a certain amount of their foreign-earned income from U.S. federal income tax. It’s a significant benefit for those who qualify, as it can result in substantial tax savings.
However, not everyone qualifies for this exclusion. To be eligible, you must meet specific requirements set by the Internal Revenue Service (IRS). These include the Bona Fide Residence Test or the Physical Presence Test, which determines your tax home and your connection to a foreign country.
The amount you must earn in order to qualify increases slightly each year. You can find the updated amount on the IRS website, along with the form that you can file to apply for FEIE as an American abroad.
The Bona Fide Residence Test requires you to prove that you are a bona fide resident of a foreign country for an uninterrupted period that includes an entire tax year. Various factors are considered to determine bona fide residency, including your intention, the purpose of your stay abroad, and the nature and length of your stay.
This test requires you to be physically present in a foreign country or countries for at least 330 full days during a consecutive 12-month period. It’s essential to note that the 330 days do not have to be consecutive, and you can count days in multiple countries.
Earn more directly from the IRS website here.
The Foreign Tax Credit (FTC) is another provision in the U.S. tax code aimed at preventing double taxation of income earned abroad. If you pay or accrue tax to a foreign government on income that is also subject to U.S. tax, you may be able to take a credit against your U.S. tax liability for the foreign tax paid.
However, the FTC has its limitations. The credit cannot be more than your U.S. tax liability on the foreign income. Additionally, the foreign tax must qualify as an income tax or a tax in lieu of an income tax to be eligible for the credit.
Learn more about the FTC and if it could apply to you on the IRS website here.
Calculating the FTC involves several steps. First, you must determine your total foreign taxes paid or accrued during the year. Then, you must calculate your foreign taxable income and your total taxable income. The FTC is then the lesser of your total foreign tax or the ratio of your foreign taxable income to your total taxable income, multiplied by your U.S. tax.
To claim the FTC, you must file Form 1116, Foreign Tax Credit, with your U.S. federal income tax return. This form requires detailed information about your foreign income and the foreign tax paid, so it’s crucial to keep accurate records.
Choosing Between FEIE and FTC
While both the FEIE and the FTC can provide significant tax benefits, you cannot claim both on the same income. Due to this, it’s important to understand the differences between these two provisions and choose the one that provides the most benefit based on your individual circumstances.
Usually, if you are in a high-tax country, the FTC may be more beneficial, while if you are in a low-tax country, the FEIE may be the better choice. However, each situation is unique, and other factors may influence this decision.
For self-employed individuals, the decision between FEIE and FTC can be more complex. The FEIE does not exclude self-employment tax, so you may still owe U.S. self-employment tax on your foreign-earned income. In contrast, the FTC may offset not only income tax but also self-employment tax in some cases.
For high-income individuals, the FTC may provide more significant tax savings. The FEIE has a maximum exclusion amount, which is adjusted annually for inflation. In contrast, the
FTC has no maximum limit, so it may be more beneficial for those with high foreign income.
Understanding the complexities of foreign-earned income exclusion and foreign tax credit is crucial for Americans living abroad.
By understanding these concepts as an American abroad, and making informed decisions, you could save a significant amount in taxes and avoid unnecessary complications with the IRS each year you are abroad.
Interested in learning more? Reach out to us and let’s discuss further.
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