US Expatriate Tax Rules for Those Living and Working Outside of the USA.

Tax rules for US expatriates living abroad can be complex and depend on various factors such as income sources, residency status, and specific tax treaties between the US and the country of residence. Here's an

overview:

1. Foreign Earned Income Exclusion (FEIE)**: One of the primary benefits for US expatriates is the FEIE, which allows qualifying individuals to exclude a certain amount of their foreign earned income from US taxation. For tax year 2023, the maximum exclusion amount is $112,000 per qualifying individual.

2. Foreign Tax Credit (FTC)**: If you pay foreign taxes on income that is also subject to US taxation, you may be eligible for a foreign tax credit. This credit can reduce your US tax liability on that income. 

3. Foreign Housing Exclusion or Deduction**: Expatriates may also qualify for a housing exclusion or deduction to help offset the cost of housing abroad. This can be claimed in addition to the FEIE.

4. Tax Treaties**: The US has tax treaties with many countries to avoid double taxation and provide certain exemptions. These treaties can affect how income is taxed and which country has the primary right to tax specific types of income.

5. Filing Requirements**: US citizens and green card holders living abroad are generally required to file US tax returns if their income exceeds certain thresholds, regardless of where the income was earned. There are specific forms, such as the Form 1040 and Form 2555 (for the FEIE), that may need to be filed.

6. Reporting Foreign Accounts**: US expatriates are required to report their foreign bank accounts and other financial assets if they exceed certain thresholds. This is done through the Foreign Bank Account Report (FBAR) and Form 8938.

7. Social Security and Medicare Taxes**: US citizens working abroad may still be subject to Social Security and Medicare taxes, depending on their employment situation and the country they're residing in.

8. State Taxes**: While living abroad, US expatriates may still be liable for state taxes, depending on the state's rules regarding residency and taxation.

It's essential for US expatriates to understand their tax obligations and take advantage of available benefits to minimize their tax liability while remaining compliant with US tax laws. Consulting with a tax professional who specializes in expatriate taxation is highly recommended to ensure compliance and maximize tax benefits.  Contact Kauffman Nelson CPAs and Attorney if you need assistance.  Email: ddnelson@gmail.com . We have been doing expatriate and international taxes for over 30 years for over 800 clients located abroad.   US Phone 949-480-1235.  Whatsapp 818-519-9219.

2018 Expat Foreign Earned Income Exclusion and Housing Exclusion

 For 2018 the foreign earned income exclusion is $104,100. This applies to earned income from your work abroad and increases each year. Many IT, Tech, and Coding employees and self employed indivduals chose to live and work abroad to take advantage of his amazing tax break.

  If you live in a no tax or low tax country, you may not have to pay any tax on this much of your earned income if you are a bonafide resident of your home country or meet the physical presence test of  not going back to the US more than 35 days during any 12 month calendar or fiscal year period.  Read more about this exclusion and how to qualify and the additional deduction you can receive for your rental expenses and living expenses abroad (housing exclusion) in publication 54 READ IT HERE

Kauffman Nelson LLP CPAs have done tax return exclusively for US Expatriates and US Nonresidents for over 20 years.  We know the laws, and the recent changes implemented by the new tax laws enacted at the end of 2017.  Email us at taxmeless@gmail.com and visit our website at www.taxmeless.com for lots of useful tax information and tax savings.

Everything You Wanted to Know About Expat Foreign Earning Income Exclusion (IRC 911)

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If live and work abroad, you may qualify for the foreign earned income and foreign housing exclusions and the foreign housing deduction.

If you are a U.S. citizen or a resident alien of the United States and you live abroad, you are taxed on your worldwide income. However, you may qualify to exclude from income up to an amount of your foreign earnings that is adjusted annually for inflation ($92,900 for 2011, $95,100 for 2012, $97,600 for 2013, $99,200 for 2014 and $100,800 for 2015). In addition, you can exclude or deduct certain foreign housing amounts.

You may also be entitled to exclude from income the value of meals and lodging provided to you by your employer. Refer to Exclusion of Meals and Lodging in Publication 54, Tax Guide for U.S. Citizens and Resident Aliens Abroad, and Publication 15-B, Employer's Tax Guide to Fringe Benefits for more information

Foreign earned income elgible for exclusion does include wages (even if paid from US employer) or self employment income and does not include the following amounts:

• Pay received as a military or civilian employee of the U.S. Government or any of its agencies
• Pay for services conducted in international waters (not a foreign country)
• Pay in specific combat zones, as designated by an Executive Order from the President, that is excludable from income
• Payments received after the end of the tax year following the year in which the services that earned the income were performed
• The value of meals and lodging that are excluded from income because it was furnished for the convenience of the employer
• Pension or annuity payments, including social security benefits

Self-employment income: A qualifying individual may claim the foreign earned income exclusion on foreign earned self-employment income.  The excluded amount will reduce the individual’s regular income tax, but will not reduce the individual’s self-employment tax.  Also, the foreign housing deduction – instead of a foreign housing exclusion – may be claimed.  Unless the country you work in has an agreement with the US  Social Security Admnistration you will have the pay US self employment tax (social security plus medicare) on your net profit. The foreign earned income exclusion does not apply to the self employment tax.

Figuring the tax: Beginning with tax year 2006, a qualifying individual claiming the foreign earned income exclusion, the housing exclusion, or both, must figure the tax on the remaining non-excluded income using the tax rates that would have applied had the individual not claimed the exclusions.

• Requirements
• Can I Claim the Exclusion or Deduction?
• Tax Home In A Foreign Country
• Bona Fide Resident test
• Physical Presence Test
• Exceptions to Tests
• Figuring The Exclusion
• Choosing The Exclusion
• Revocation
• Which Form to File
• Foreign Housing Exclusion or Deduction
• Individual Retirement Arrangements
• Extension to Claim Foreign Earned Income Exclusion
• Application of Foreign Earned Income Exclusion and the Combat Zone Exclusion to Civilian Contractors Working in Combat Zones (PDF)

References/Related Topics

• Form 2555, Foreign Earned Income
• Form 2555-EZ, Foreign Earned Income Exclusion
• Form 4868, Application for Automatic Extension of Time to File U.S. Individual Income Tax Return
• Form 2350, Application for Extension of Time to File U.S. Income Tax Return
• Publication 54, Tax Guide for U.S. Citizens and Resident Aliens Abroad
• U.S. Citizens and Resident Aliens Abroad

Need more information or wish to discuss your situation, or need help with the preparation of your expat tax return or catching up for past unfiled years, then email us at ddnelson@gmail.com or go to our website at www.taxmeless.com for more information. We have been assisting expats with their US taxes for over 30 years.

International Taxpayers - IRS Videos on Filing Requirements and, Foreign Earned Income Exclusion

Two videos from the IRS explaing International Taxpayer Filing Requirements and the Foreign Earned Income Exclusion.

• International Taxpayers--Filing Requirements. Learn about the requirements for filing an individual income tax return including income limits while living abroad.
• International Taxpayers--Foreign Earned Income Exclusion. Find out who is eligible, what income qualifies and how to claim the exclusion

When you need help with your US expatriate, international or nonresident tax planning, problem solving, or return preparation email us at ddnelson@gmail.com or call us on skype at dondnelson. We serve US taxpayers in 123 countries around the world. Download your 2016 expat questionnaire HERE .  The  fill it out and send in for a fee quote. 

Situations Where Foreign you Income Expat Exclusion Will NOT WORK!

If you think on form 2555 you eligible for the foreign earned income exclusion under the physical presence test, don't be so certain. Read the following link to find out how the IRS can take it away from you on a technicality. If you need help succeeding and preparing a return that will survive audit and IRS scrutiny email us. ddnelson@gmail.com

http://www.lexology.com/library/detail.aspx?g=c4304733-ff7b-4488-94a4-64261807afa5

Don’t Miss Filing Deadlines Related to Foreign Income and Assets or These Great Informational Videos

All U.S. citizens and residents (green card holders) must report worldwide income on their federal income tax return. If you lived outside the U.S. on the regular due date of your tax return, the extended filing deadline for your 2016 tax return is Monday, June 15, 2017.  Similarly, the deadline to report interests in certain foreign financial accounts is the same as your tax return (with some exceptions). Here are some important tips to know if these reporting rules apply to you:

• FATCA Requirements.  FATCA refers to the Foreign Account Tax Compliance Act. In general, federal law requires U.S. citizens and resident aliens to report any worldwide income. You must report the existence of and income from foreign accounts. This includes foreign trusts, banks and securities accounts. In most cases you must report the country where each account is located. To do this file Schedule B, Interest and Ordinary Dividends with your tax return.

You may also have to file Form 8938, Statement of Special Foreign Financial Assets with your tax return. Use the form to report specified foreign financial assets if the aggregate value of those assets exceeds certain thresholds. See the form instructions for details.

• FBAR Requirements.  FBAR refers to Form 114, Report of Foreign Bank and Financial Accounts. If you must file this form you file it with the Financial Crimes Enforcement Network, or FinCEN. FinCEN is a bureau of the Treasury Department. You generally must file the form if you had an interest in foreign financial accounts whose aggregate value exceeded $10,000 at any time during 2014. This also applies if you had signature or other authority over those accounts. You must file Form 114 electronically. It is available online through the BSA E-Filing System website. The FBAR filing requirement is not part of filing a tax return. The deadline to file Form 114 is June 30.

• View the IRS Webinar.  You can get help and learn about FBAR rules by watching the IRS webinar on this topic. The title is “Reporting of Foreign Financial Accounts on the Electronic FBAR.” The presentation is one hour long. You can find it by entering “FBAR” in the search box of the IRS Video Portal home page. Topics include:

o FBAR legal authorities
o FBAR mandatory e-filing overview
o Using FinCEN Form 114; and Form 114a
o FBAR filing requirements
o FBAR filing exceptions
o Special filing rules
o Recordkeeping
o Administrative guidance

You can access IRS forms, videos and tools on IRS.gov at any time.

Additional IRS resources:

• Comparison of Form 8938 and FBAR Requirements
• International Taxpayers
• International Tax Topic Index
• FBAR Reference Guide
• Publication 54, Tax Guide for U.S. Citizens and Resident Aliens Abroad
• IRS Tax Map
• Treasury Department End-of-Year Exchange Rates

IRS YouTube Videos – International Taxpayers:

• Introduction to the International Taxpayers Webpage
• Filing Requirements
• Filing Status If Married to a Nonresident Alien
• Foreign Earned Income Exclusion
• Individual Taxpayer Identification Number (ITIN)

Our firm has specialized in expat, nonresident and international tax returns for over 30 years. Need help or further explanation, or your return prepared, contact us.  Email us at ddnelson@gmail.com or visit our website at www.TaxMeLess.com .  

US Expats - Filing Too Late Can Cause you to Lose the Foreign Earned Income Exclusion

The foreign earned income exclusion is not automatic. US expats must file returns to claim it. If you file your return for any year late (more than 18 months), the IRS can deny the exclusion (and you would have to pay tax on your entire income--- but could still take foreign tax credits) if you owe taxes with the return. If your never file a return the statute of limitations for the IRS to assess taxes or require a return never expires!

Need help catching up or filing your return?  Need US International, Expatriate or Nonresident tax assistance. Go to www.TaxMeLess.com.  We offer all of your clients the absolute privacy of attorney-client privilege. We have over 30 years specialized experience in expatriate and nonresident US taxation.

Foreign Earned Income Exclusion (form 2555) for Pilots, Airline Crews and Sailors

Many US expatriates live abroad and work for international airlines or shipping companies.  If their planes and ships spend a lot of time traveling in International Waters (parts of the Ocean which do not belong to a country) when they attempt to claim the foreign earned income exclusion ($100,800) for their wages on their tax return they will have a surprise if they are audited.  It is probable they may get audited because the IRS makes them targets for audits when they show themselves as pilots, sailors, etc.

Time spend working on planes or ships while traveling across international waters does not count as working in a foreign country. Therefore the money earned while in International Waters is fully taxable the same as if you were living in the USA.  None of it is excludable.

If you are audited by the IRS they will want to see logs, and other proof showing how many hours were earned while over international waters and use those figures to pro-rate any exclusion you may be claiming between work in foreign countries and work over the ocean.  If you are not keeping such records you should since you as the taxpayer have the burden of proof.

Also, it would only be possible if you are a full time pilot or seaman to claim the exclusion for part of your income if you use the bonafide residence test on form 2555.  Need help with an audit or determining the rules that apply to your situation. Email us at ddnelson@gmail.com and visit our website at www.TaxMeLess.com  for more information.

Expatriate Foreign Earned Income Exclusion for 2016 Increased

The foreign earned-income exclusion amount under tax code Section 911(b)(2)(D)(i) will increase in 2016 to $101,300 from $100,800, the International Revenue Service said Oct. 21 (Rev. Proc. 2015-53).

Section 911 allows qualified U.S. citizens and residents who work abroad to exclude a certain amount of their foreign-earned income and a portion of their foreign housing expenses from their gross income for U.S. tax purposes. They must meet either a physical presence test or a bona fide residence test. Taxpayers may elect the Section 911 income and housing exclusions even if no foreign taxes were paid on their foreign earnings.

Although employers generally must withhold U.S. federal income taxes from taxable wages paid to U.S. citizens and residents working abroad, the withholding requirements do not apply to wage payments subject to the foreign earned-income and housing cost exclusions claimed by expatriate employees that file Form 673, Statement for Claiming Exemption From Withholding on Foreign Earned Income Eligible for the Exclusion(s) Provided by Section 911, with the employer.

IRS Announces 2013 Foreign Earned Income Exclusion Amount and Foreign Housing exclusion amounts

The maximum foreign earned income exclusion that can be claimed for 2013 is $97,600. Remember if both you and your spouse live abroad and both work each of you gets to claim this offset against your respective foreign wages and self employment income.

The IRS new guidelines for the housing exclusion  or deduction for 2013 have also been released. This includes  foreign rent, utilities and maintenance expense that can be claimed in addition to the foreign earned income exclusion  has also been released. There is a minium amount of housing expenses that are not deductible is $15,616.  The maximum amount varies by country ( the charts shows amount before deducting the $15,616). Tokyo in the IRS's  opinion is now the most expensive city in the world since it has the highest maximum. of $117,100.  To see the Maximum amount allowed for your home country CLICK HERE.

Learn more at www.TaxMeLess.com or email us at ddnelson@gmail.com 

International Flight Attendants & Pilots Use of Foreign Earned Income Exclusion is Limited

The Tax Court has held that an international flight attendant  (this ruling would apply to pilots also) could not use the foreign earned income exclusion to shield all of her wages from tax. Rather, she could only exclude that portion of her wages that was allocable to her flight time that occurred within or over foreign countries.

 A qualified individual may exclude foreign earned income from gross income. (Code Sec. 911(a)) Foreign earned income is earned income received by an individual from sources within a foreign country. (Code Sec. 911(b)(1)(A)) Code Sec. 911 does not define “foreign country.” But the regs provide that the term “foreign country” when used in a geographical sense includes any territory under the sovereignty of a government other than that of the U.S. They go on to provide that the term includes the territorial waters of the foreign country (determined in accordance with the laws of the U.S.), the air space over the foreign country, and the seabed and subsoil of those submarine areas which are adjacent to the territorial waters of the foreign country and over which the foreign country has exclusive rights, in accordance with international law, with respect to the exploration and exploitation of natural resources. (Reg. § 1.911-2(h))

Consistent with this reg, the Tax Court has held that a U.S. taxpayer is allowed the foreign earned income exclusion only for wages earned while in or over foreign countries and not for wages earned in international airspace or in or over the U.S. (LeTourneau, TC Memo 2012-45)

Facts. Yen-Ling K. Rogers was a U.S. citizen and a bona fide resident of Hong Kong. She worked as a flight attendant for United Airlines (United) on international flights based out of Hong Kong International Airport. Under an agreement between United and the union for flight attendants, (1) Yen-Ling accrued nonflight time, such as sick and vacation hours, based on the period of her flight attendant service; and (2) United compensated her for additional categories, such as required training and meetings and the performance incentive program.

United required Yen-Ling to perform preboarding and postarrival services on every flight on which she worked. She was required to report to work 1 hour and 45 minutes before the departure of a flight and to perform approximately 30 minutes of postarrival services. The flight time begins at “out time,” when the plane's brake is released and the plane pushes back from the airport. The flight time ends at “in time” when the plane's parking brake is set after landing. Yen-Ling was not separately compensated for the time spent performing preboarding and postarrival services.

In 2007, Yen-Ling worked the following flights: 16 flights between Hong Kong (HK) and San Francisco (SFO); 16 flights between SFO and HK; 14 flights between HK and Chicago (CHI); 14 flights between CHI and HK; 5 flights between HK and Ho Chi Minh City; 5 flights between Ho Chi Minh City and HK; 2 flights between SFO and Nagoya; and 2 flights between Nagoya and SFO.
The percentage of Yen-Ling's flight time within or over foreign countries during 2007 was as follows:

• HK-SFO-HK, 63.38% foreign flight time,
• HK-CHI-HK, 86.05% foreign flight time,
• HK-Ho Chi Minh City-HK, 100% foreign flight time, and
• SFO-Nagoya-SFO, 29.19% foreign flight time.

United reported $41,762 of wages to Yen-Ling for 2007 on Form W-2, Wage and Tax Statement. United provided her a duty time apportionment for her flights during 2007 that apportioned the minutes of her flight times within or over the U.S., international waters, and foreign countries.

Yen-Ling excluded 100% of her United wages as “other” income on a joint return she filed with her husband for 2007. The “other” income reported on her Form 1040 was specified by reference to the attached Form 2555EZ, Foreign Earned Income Exclusion. On the Form 2555-EZ, she reported $41,762 as the total amount of foreign earned income she earned and received in 2007 and the same amount as their foreign earned income exclusion.


Exclusion limited. The Tax Court observed that even though Yen-Ling excluded wages as foreign earned income, she stipulated that only a percentage of her flight time occurred within or over foreign countries. Therefore, the Court concluded that only a percentage of her United wages qualified for the Code Sec. 911(a) exclusion.

The  Tax Court concluded that her stipulated flight time percentages applied to any of her wages that are allocable to nonflight time that was based on international flight attendant services she performed for United. The Court said that there was no rational basis for allocating these forms of compensation 100% to foreign earned income.

Visit our website at www.expatattorneycpa.com to learn more about IRS International Tax Rules that affect pilots, flight crews, and crew who work on ships, cruise lines, etc. Let us help you with your tax returns.

An Overlooked Expat Deduction? - The Foreign housing exclusion or deduction.

In addition to the foreign earned income exclusion, you can also claim an exclusion or a deduction from gross income for your housing amount if your tax home is in a foreign country and you qualify for the exclusions and deduction under either the bona fide residence test or the physical presence test.

The housing exclusion applies only to amounts considered paid for with employer-provided amounts, which includes any amounts paid to you or paid or incurred on your behalf by your employer that are taxable foreign earned income to you for the year (without regard to the foreign earned income exclusion). The housing deduction applies only to amounts paid for with self-employment earnings.

READ MORE HERE

Read more about your expatriate and nonresident income tax benefits and rules at www.TaxMeLess.com.   We have  been preparing expatriate and US nonresident tax returns for over 30 years.

Counties Around with World With No Personal Income Tax - US Expat Tax Planning

US Entrepreneur expats are always asking us,  Which countries in the can I locate my business that have no personal income tax.  For a list of the fifteen countries CLICK HERE. If you set up your business in one of these countries and use the US foreign earned income exclusion along with the foreign housing deduction you can make in excess of $110,000 or more and not pay any income tax AT ALL on your business earnings.

For a list of the tax rates in various countries in the world go to this wikipedia link for a great table.

As a US citizen or green card holder you must report your worldwide income  on your US tax return no matter where you live in the world.  If you live in a country that has taxes, you can claim a credit for those taxes as a direct offset against the your US tax on the same income. However, if you earnings are from your own labors it is possible to earn the amounts set forth above and pay no taxes on your US tax return (or anywhere else) at all.  This is one of the greatest tax breaks around. If you spouse also works, he or she can also claim the foreign earned income exclusion against their earnings.

If you are self employed, you may have to pay US self employment tax (social security and medicare) on your earnings, if you live in a country with no social security agreement with the US. However, if you structure your offshore business correctly using a foreign corporation, it is even possible to avoid having to pay those amounts.

We can help you set up your business abroad for the optimum tax savings fully complying with all US tax laws.  If you need help email us at ddnelson@gmail.com or leave a message on skype at dondnelson.

IRS INFLATION ADJUSTMENT - DEDUCTION INCREASES FOR 2013

• The foreign earned income exclusion will go from $95,100 to $97,600 for 2013.  Remember if both spouses work they can each claim up to that amount on their separate foreign wages on form 2555.
• The gift tax exclusion (threshold after which you must file a gift tax return) is increased from $13,000 to $14,000.  If a husband and wife both give the gift (and both are US taxpayers) they can claim a combined exclusion of $28,000 in 2013.  Gifts for education costs and health care are not subject to gift tax.
• The maximum contribution limits by an employee to a 401K plan increases to $17,500 in 2013.
• The social security ceiling for wages subject to that tax increases to $113,700 in 2013 from the current $110,100. Their is no ceiling on the 2.3 percent medicare tax.

New 2013 IRS Figures Of Interest to all Nonresident and Expatriate Taxpayers

Some of the new figures for 2013 which will come into play if you are a US expatriate, nonresident, or have international tax concerns are as follows:

Unified estate and gift tax exclusion amount. Under the sunset provisions of EGTRRA, for gifts made and estates of decedents dying in 2013, due to a law change, the exclusion amount will be $1,000,000 (down from $5,120,000 for gifts made and estates of decedents dying in 2012).

Gift tax annual exclusion. For gifts made in 2013, the gift tax annual exclusion will be $14,000 (up from $13,000 for gifts made in 2012).

Increased annual exclusion for gifts to noncitizen spouses. For gifts made in 2013, the annual exclusion for gifts to noncitizen spouses will be $143,000 (up from $139,000 for 2012).

Reporting foreign gifts. If the value of the aggregate “foreign gifts” received by a U.S. person (other than an exempt Code Sec. 501(c) organization) exceeds a threshold amount, the U.S. person must report each “foreign gift” to IRS. (Code Sec. 6039F(a)) Different reporting thresholds apply for gifts received from (a) nonresident alien individuals or foreign estates, and (b) foreign partnerships or foreign corporations. For gifts from a nonresident alien individual or foreign estate, reporting is required only if the aggregate amount of gifts from that person exceeds $100,000 during the tax year. For gifts from foreign corporations and foreign partnerships, the reporting threshold amount will be $15,102 in 2013 (up from $14,723 for 2012).

Expatriation, Citizenship and Green Card Surrender. For 2013, an individual with “average annual net income tax” of more than $155,000 for the five tax years ending before the date of the loss of U.S. citizenship is a covered expatriate (up from $151,000 for 2012). Under a mark-to-market deemed sale rule, all property of a covered expatriate is treated as sold on the day before the expatriation date for its fair market value. However, for 2013, the amount that would otherwise be includible in the gross income of any individual under these mark-to-market rules is reduced by $668,000 (up from $651,000 for 2012).

Foreign earned income exclusion. The foreign earned income exclusion amount increases to $97,600 in 2013 (up from $95,100 in 2012).

2012 Foreign Earned Income Exclusion Increased By IRS

The IRS for 2012 has increased the Expatriate Foreign Earned Income Tax Exclusion to $95,900.  This could save single person (without any available tax credits)  up to an additional.$616 in US taxes on their 2012 return over what they might pay on the same foreign earned income on their 2011 return.

Remember an an expatriate living abroad on 4/17/12 you got an automatic extension to file your return until 6/15/12.  You can get a further extension to file the return until 10/15/12 by filing form 4868 prior to 6/15. If you owe any taxes at that time  interest and penalties will continue to accrue (at a rather low rate) until those taxes are paid. Remember form TDF 90-22.1 (FBAR) must be filed to report your foreign financial accounts by 6/30/12 for 2011. It cannot be extended for any reason.

This combined with the fact the IRS increases the foreign housing exclusion or deduction each year for expats will provide additional benefits to those who live and work abroad for 2012.  It just keeps getting better for expatriates so long as all of the special reporting forms (with high penalties for not filing) such as TDF 90-22.1, 8938, 3520, 8865, 5471, etc. are all filed in a timely manner. It is noteworthy that none of these forms are actual forms that produced more taxes, they are strictly informational and if filed, will result in no adverse consequences to the expat taxpayer.  Read more on our website at www.TaxMeLess.com 

IRS Exempts 4 countries from Foreign Earned Income Exclusion Rules Time Requirements

The IRS has exempted expats living in Libya, Yeman, Egypt and Syria from certain time requirements under the Foreign Earned Income Exclusion Rules (Form 2555 the current $92,900 earned income exclusion).  They have done this since many US expats may have had to abandon their residency due to political turmoil in those countries during 2011.

To real full details and the time parameters which apply read the Journal of Accountancy Article HERE 

Visit our website at www.TaxMeLess.com for further assistance with your US expat tax return preparation or just to learn more about the various applicable rules and regulations.

Tax Rules for Contractors in Afghanistan, Iraq and Middle East

Foreign Earned Income Exclusion Concerns for Contractors in Iraq and Afghanistan and Middle East
The IRS has issued Memorandum Number AM2009-0003 regarding the availability of the FEIE to contractors working in Iraq and Afghanistan. It states that IRS will be looking closely at contractors who claim to meet the bona fide residence test, but whose family and home are back in the US and who travel there often on leave.  Unfortunately there is not a lot of case law on the subject and the IRS rules and legislative history leave a lot of room for interpretation. However, contractors should understand the rules may have changed, and they may have to defend their claim to the FEIE.

The 75% Fraud Penalty (Plus Possible Prison Time)

If you get audited, and the IRS decides your tax return fraudulently understates your tax bill, you are in really big trouble. You will be hit with a penalty equal to 75% of the understatement. Plus you will be charged interest. And you could face criminal charges and possible prison time. In the next few years audits of expatriates and form 2555 (foreign earned income exclusion) will increase substantially due to recent discoveries about how many such forms were incorrect and were being filed by expats not eligible for the exclusion.

Committing tax fraud takes some work, because it goes beyond simple ignorance of the tax rules and regulations. You have to intentionally do really bad things like keep two sets of books, alter or destroy documents, hide unreported income overseas, or fail to report income from illegal activities (this is not a complete list by any stretch). Bottom line: You can't commit tax fraud without knowing it.

Anyone accused of tax fraud should hire an attorney who specializes in big-time IRS problems. A CPA or Enrolled Agent can't provide the equivalent of the attorney-client privilege, and those accused of tax fraud will need that privilege. Also, non-attorneys are not competent to deal with the criminal charges that will often go along for the ride with tax fraud cases.

Foreign Earned Income Exclusion - Seaman & Ships Employees

Benefits under section 911 (Foreign Earned Income Exclusion of $92,900 for 2011) are conditioned upon the taxpayer being present or residing in a foreign country. A ship employee’s presence or residence aboard a ship does not qualify as presence or residence in a foreign country for purposes of section 911 even though the ship is of a foreign registry or is in international waters. The regulations have consistently defined the term "foreign country" as " any territory under the sovereignty of a government other than that of the United States." See Treas. Reg. section 1.911-2(h). It includes the territorial waters of the foreign country as determined in accordance with the laws of the United States. In Revenue Ruling 67-52, 1967-1 C.B. 186, cited in L.R. Martin, 50 T.C. 59 (1968), the Service ruled that the Antarctica region is not under the sovereignty of any government and, therefore, is not considered a foreign country for purposes of section 911. Also, in Revenue Ruling 73-181, 1973-1 C.B. 347, the Service ruled that physical presence on a fishing boat in international waters, adjacent to the territorial waters of a foreign country, does not satisfy the presence requirement of Section 911(d)(2). In Souza, 33 T.C. 817 (1960), the court held that a U.S. registered fishing vessel operating off the coast of Peru beyond the 3 mile territorial waters limit but within the 200 mile limit recognized by Peru as its territorial waters does not constitute presence in a foreign country for purposes of section 911. The court ruled, the fact that a vessel is of U.S. or foreign registry should have no effect on the determination of whether its crews members are present or resident in a foreign country. Consequently, the high seas and Antarctica are not considered a foreign country for purposes of section 911. See also, Balestries, 47 BTA 241.