Miscellaneous IRS Tax Rules and Facts for Expatriates Living Abroad

• You have an obligation to keep the IRS informed of your currrent address using their form 8822. If you do not, they can take any action they wish (audit, assessment, etc) and it is valid because you failed to keep them current on your address.
  
• Your tax return can be audited for 3 years after it is filed and six years if you omitt more than 25% of your income.
• The statute of limitations on assessing taxes NEVER runs out if you fail to the a US tax return. That means the IRS may make an assessment for any year you failed to file a return and were required to forever.
• The statute of limitations for failing to file a foreign bank account report (FBAR form 114) is six years.  The criminal and civil penalites are huge and the IRS is currently collecting those penalties and prosecuting non filers who clearly intentionally were hiding their funds and not reporting as income.
• Dual citizenship does nothing for you as a US taxpayer. All rules are the same as if you were just a US citizen.
• The IRS is currently receiving reports on US taxpayers funds held in foreign banks and stock brokers, etc. from over 78,000 foreign institutions around the world.
• If you owe the IRS more than $50,000 in taxes and penalites when you enter the USA they can request the US Customs and Border Protection seize your passport.
• The US has no regulations forbidding or making it illegal to own foreign real estate, stocks, or other property abroad including foreign bank accounts. The IRS does have special forms to report ownership on many of these items to the IRS with $10,000 or more penalties for failing to file these required forms.
• Owning foreign real estate (so long as it is not a rental or income producing) in your individual name does not have to be reported to the IRS.

Deemed Repatriation of Foreign Accumulated Earnings if you own 10% or More of Foreign Corporation- New Tax for 2017

The rules and complex and Congress failed to include in the bill a complete explanation of how it is calculated.  The IRS will publish guidance soon (we hope) so this tax can be calulated correctly. If you are a shareholder in a foreign corporation what is know todate about this tax on Earnings and Profits is stated below:

The new provision states that all taxpayers who are U.S. shareholders of Specified Foreign Corporations (SFC) in 2017 will have an income inclusion to the extent they have allocable undistributed earnings from such corporation. While there is a reduced tax rate applicable to this income, at least a portion of the tax is due in 2017 and the liability must be calculated as part of the 2017 tax filing.

Here are the details of the new provision:

All U.S. shareholders of a SFC must include in their 2017 income their pro-rata share of accumulated post-1986 deferred foreign income. This income will be taxed in a manner that should result in the quoted federal effective tax rate on earnings of:

• 5% on cash and cash equivalents and,
• 8% on illiquid assets

The IRS has  allowed the taxpayer to elect to pay the tax over an 8 year period, starting with the 2017 return, using a specific weighted installment calculation. However, the entire tax liability or the first installment is due by the original due date of the shareholders tax return. 

A taxpayer’s pro-rata share of accumulated post-1986 deferred foreign income is considered Subpart F income. For future taxation purposes, this income generally will be considered previously taxed income. Thus, the future actual cash repatriation of these earnings will not trigger any additional tax consequence as the cash will not be considered taxable income.

What is the definition of a U.S. shareholder for this purpose?

A U.S. person who owns (directly, indirectly, or constructively) 10% or more of the total voting stock.

• A U.S. person includes US citizens and residents, domestic partnerships, corporations, estates and trusts.

What is the definition of a Specified Foreign Corporation for this purpose?

• A controlled foreign corporation (CFC), or
• A noncontrolled foreign corporation that has at least one domestic corporate shareholder.

Calculation of Income Inclusion:

The income inclusion amount is the greater of the shareholders share of the accumulated post-1986 deferred income (Earnings and Profit or E&P) as of November 2* or December 31, 2017.  Thus, for all U.S. shareholders of SFCs the accumulated E&P will need to be calculated. This will need to be allocated to pre and post-1986 deferred income as applicable and/or pre and post date of becoming an SFC.  If there is an accumulated E&P deficit, there are special rules that will allow U.S. shareholders to aggregate their total allocable E&P from all sources for this purpose, but not below zero.

The effective tax rate is achieved via a mechanical calculation. The U.S. shareholder includes the applicable deferred income (E&P) into income but is allowed a deemed dividend, which when the applicable highest corporate tax rate is applied to the income (currently 35%, since this is for the 2017 tax year) the effective federal rate will be 15.5 or 8% on the income inclusion amount. The ultimate tax paid on the income inclusion may be further reduced in certain circumstances due to available foreign tax credits (primarily C Corporations). Given the mechanism of this calculation, should the shareholder be a U.S. individual, the effective federal tax rate may be slightly higher or lower than those applicable to corporate shareholders. Individual shareholders will also need to review the application of net investment income (NIIT) tax to the deemed dividend based on their facts and circumstance. If NIIT is applicable, an additional 3.8% tax will apply at the federal level.olders of 10% or more of foreign corporations to pay a tax on the accumulated earnings in the corporation at year end.

IRS Tax Traps For US Citizens Living in CANADA

Passive Foreign Investment Company (PFIC)  filing requirements are one of the most complex tax matters on your personal tax return. Read the article below which lays out  the US tax treatment of various items in Canada which do not exist under US tax law and often end up being PFICs and are taxable in the US. Click the link below for details.

https://www.theglobeandmail.com/globe-investor/personal-finance/taxes/us-citizens-living-in-canada-beware-these-five-tax-traps/article37658751/

US Expatriates and US Citizens Abroad- How to Vote on US Elections

VOTING IN 2018 U.S. ELECTIONS

Your vote counts!  Did you know that many U.S. elections for house and senate seats have been decided by a margin smaller than the number of ballots cast by absentee voters?  All states are required to count every absentee ballot as long as it is valid and reaches local election officials by the absentee ballot receipt deadline.

Follow a few simple steps to make sure that you can vote in the 2018 U.S. elections:

1.     Request Your Ballot:  Complete a new Federal Post Card Application (FPCA).  You must complete a new FPCAafter January 1, 2018 to ensure you receive your ballot for the 2018 elections.  The completion of the FPCA allows you to request absentee ballots for all elections for federal offices (President, U.S. Senate, and U.S. House of Representatives) including primaries and special elections during the calendar year in which it is submitted.  The FPCAis accepted by all local election officials in all U.S. states and territories. 

You can complete the FPCA online at www.FVAP.gov.  The online voting assistant will ask you questions specific to your state.  We encourage you to ask your local election officials to deliver your blank ballots to you electronically (by email, internet download, or fax, depending on your state).  Include your email address on your FPCA to take advantage of the electronic ballot delivery option.  Return the FPCA per the instructions on the website.  FVAP.gov will tell you if your state allows the FPCA to be returned electronically or if you must submit a paper copy with original signature.  If you must return a paper version, please see below for mailing options.

2.     Receive and Complete Your Ballot:  States are required to send out ballots 45 days before a regular election for federal office and states generally send out ballots at least 30 days before primary elections.  For most states, you can confirm your registration and ballot delivery online.

3.     Return Your Completed Ballot:  Some states allow you to return your completed ballot by email or fax.  If your state requires you to return paper voting forms or ballots to local election officials, you can use international mail, a courier service such as FedEx or DHL, or you may also drop off completed voting materials during regular business hours at the U.S. Consulate General in Tijuana.  Place your materials in a postage paid return envelope (available under “Downloadable Election Materials” on the FVAP homepage) or in an envelope bearing sufficient domestic U.S. postage, and address it to the relevant local election officials.

4.  New this year – email to fax service by FVAP! - the Federal Voting Assistance Program (FVAP) will provide an email-to-fax conversion service for voters who have difficulty sending election materials to States that do not accept emailed documents.  Get more information here.

Researching the Candidates and Issues:  Online Resources.  Check out the FVAP links page for helpful resources that will aid your research of candidates and issues.  Non-partisan information about candidates, their voting records, and their positions on issues are widely available and easy to obtain online.  You can also read national and hometown newspapers online, or search the internet to locate articles and information.  For information about election dates and deadlines, subscribe to FVAP's Voting Alerts (vote@fvap.gov).  FVAP also shares Voting Alerts via Facebookand Twitter.

Learn more at the Federal Voting Assistance Program's (FVAP) website, FVAP.gov.  If you have any questions about registering to vote overseas, please contact U.S. Consulate General in Tijuana's Voting Assistance Officer at VoteTIJUANA@state.gov.

New Tax Law Changes for 2018, and How They Will Apply to US Expatriates

The President has signed the biggest tax changes in over 30 years. When you file your 2018 tax returns
— about a year from now — your tax return will look very different. And because most changes don’t happen
until then, we have some time to learn about the changes and plan for next year. Here are a few of the biggest
changes that may affect you.

Tax rate changes: Both individual and corporate rates have changed. The maximum individual rate is reduced
to 37% and the corporate rate is now a flat 21%. The rate chang could benefit you — or in some cases
cause your tax liability to go up.

Standard deduction increases:  However, there are no more personal exemption deductions allowed.
So this may help you — or hurt you.

Increased Child Tax Credit and new Dependent Credit: The credit is increased for each child to $2,000
(up to $1,400 of which is refundable for each child) and each non-child dependent can now receive a new
credit of $500. But you will have no exemption credit or deduction for yourself, your spouse, or your depenDeardents.

The phaseout thresholds for these credits are drastically increased. Married taxpayers filing a joint return can
claim the full credits if their adjusted gross income is $400,000 or less ($200,000 for all others). The credits
are fully phased out for married taxpayers filing a joint return when their adjusted gross income reaches $440,000 ($240,000 for all others). This means that many more taxpayers will be able to claim these credits in 2018 and beyond.

Disappearing deductions: Beginning with the 2018 tax year, you will no longer be able to deduct:

• State income tax and property taxes above $10,000 per year in total;
• Moving expenses (with an exception for certain military);
• Employee business expenses such as mileage, travel, entertainment, home office expenses, union dues
• , tax preparation fees, and investment fees, among others;
• Mortgage interest beyond interest on $750,000 of acquisition debt, if you purchase a new home; and
• Mortgage interest paid on equity debt (this is no longer deductible for any taxpayers).

Some new benefits for individuals: These new benefits include:

• The medical expense AGI threshold will temporarily drop to 7.5% of AGI for 2017 and 2018;
• The AMT threshold is increased, so fewer middle-income taxpayers will be subject to AMT;
• The estate tax exclusion has nearly doubled, to $10 million (adjusted for inflation); and
• The annual gift tax exclusion remains the same ($14,000 for 2017 and $15,000 for 2018)
• but the maximum rate on gifts is 35%.

Small business benefit: Beginning in 2018, there will be up to a 20% deduction from net business income
for a sole proprietorship, LLC (excluding those taxed as a C corporation), partnership, S corporation, and
rental activity. The rules are incredibly complex but there is a lot of planning that we can do to maximize this
deduction for you. More on this later

For expatriates, the foreign earend income exclusion, housing exclusion and foreign tax credits have not been changed at all.
As stated above, you will have some changes with respect to any foreign corporations you own all or part
of, but the exact nature of those changes awaits IRS interpretations and regulations.

Remember all of these changes take effect in 2018 and your 2018 tax return. All of the old rules still apply to your 2017 tax returns which you will need to file shortly.

Let us know if we can help with your 2017 return, and 2018 tax planning. Email us at ddnelson@gmail.com and visit our website at www.taxmeless.com

New U.S. tax law for owners of non-U.S. corporations – action to consider by year-end!

Posted on December 22, 2017 

By Kyle Lodder, CPA

President Trump has signed significant U.S. tax legislation into law today, namely the “Tax Cuts and Jobs Act”.

There are many favorable tax provisions that will benefit many taxpayers, for individuals and businesses. But there are also some quite unfavorable international tax provisions which may adversely impact business owners of non-U.S. corporations.

One specific new provision relates to U.S. persons who own an interest in a non-U.S. corporation.

Under prior law, U.S. shareholders generally are taxed on all income, whether earned in the U.S. or abroad. Foreign income earned by a foreign (non-U.S.) corporation generally is not subject to U.S. tax until the income is distributed as a dividend to the U.S. shareholder.

Under this new law, certain U.S. shareholders owning at least 10% of the foreign corporation generally must include in income starting in 2017 the shareholder’s pro-rata share of the net post-’86 historical earnings and profits “E&P” (i.e. accumulated unrepatriated earnings) to the extent it hasn’t been previously taxed in the U.S.  This is a one-time tax as the U.S. attempts to transition from a worldwide tax system to a territorial type of tax system.

The portion of the historical earnings comprising of cash or cash equivalents is taxed at a reduced rate of 15.5%, while any remaining E&P is taxed at a reduced rate of 8% (it works out to a bit higher rate in some cases). The lower tax rate is intended to recognize that non-cash assets are illiquid and/or in productive use in the business. Nonetheless, this could be a significant tax hit for this upcoming tax season, although there is an option to elect to defer the payment over eight years.

Another problem with this tax is that it’s on deemed income. There isn’t an actual dividend. Rather, it’s deemed income for U.S. purposes. In most foreign countries, this deemed income isn’t considered taxable income. The challenge then is that it’s taxed in the current year for U.S. purposes but not in the foreign country. And when the money is distributed in the future, it typically is treated as a dividend in the foreign country, but not in the U.S. It causes a mismatch and often the lack of use of foreign tax credits, resulting in true double taxation.

 
What to do by year-end?

If you have significant retained earnings, it’d be worth contacting us to see if there are some planning moves to be made prior to year-end. Perhaps it makes sense to withdraw money from the company before year-end to trigger an actual dividend in the U.S. and the foreign country. This will trigger income in both countries to allow for utilization of foreign tax credits. Furthermore, simply withdrawing the money by year-end will allow for us to then determine after year-end how to classify the withdrawal (as a dividend, wage or loan for example).

If there remains tax exposure after considering foreign tax credits, it could make sense to gift shares to a non-resident alien spouse before year-end to a smaller ownership percentage level to avoid this tax.

This is a very new tax concept and not a lot of time has been granted to us to plan around this matter.  Yet, it makes sense to look at this before year-end to see if any moves can be made prior to year-end to put you in a better tax position.

If you require additional information on any aspect of these complex rules, please contact Kyle Lodder CPA at 360.599.4340 or kyle@loddercpa.com.  You can also contact Don D. Nelson International Tax Attorney at ddnelson@gmail.com or 949.480.1235. Kyle works with our firm.

The material appearing in this communication is for informational purposes only and should not be construed as legal, accounting, or tax advice or opinion provided by Lodder CPA PLLC. This information is not intended to create, and receipt does not constitute, a legal relationship, including, but not limited to, an accountant-client relationship. Although these materials have been prepared by a professional, the user should not substitute these materials for professional services, and should seek advice from an independent advisor before acting on any information

5 WAYS TO EXPLOIT NEW TAX BILL BEFORE YEAR END (12-31-17)

There is still time to take advantage of old tax laws that will go away under the new tax law. Time Magazine sets for five ways you can take action now before year end.  READ MORE HERE.

What Are Changes in GOP Final Tax Bill?

The final GOP tax bill is complete. Here’s what is in it. READ ALL ABOUT IN IN THE WASHINGTON POST 

THE BASICS OF CRYPTO CURRENCY FROM THE NATIONAL LAW REVIEW

The following is a very high-level discussion from the National Law Review of the consequences generally applicable to U.S. individual holders of cryptocurrencies, and will not be applicable to all taxpayers depending on their particular situation.  Failure to follow these rules will without a doubt result in future criminal and civil action by the IRS against those taxpayers that ignore these rules.   Best to amend past returns which did not take into account these rules and come forward before the IRS takes action.  Contact us if you need help.

The IRS always treats those that come forward first to correct past  mistakes, better than if they discover the taxpayer'ś error first.  READ MORE ABOUT CRYPTO CURRENCY RULES HERE

Winners And Losers in New. TAX Bill Passed by Senate

Winners and losers in the Senate GOP tax bill from the Washington Post. A little bit for middle class and a lot for the wealthy and large  corporations.  READ MORE HERE