Excess Foreign Tax Credits - What to do about it?

If you live in a high tax country as an expatriate and you end up with excess foreign tax credits that cannot be used to offset the tax on the same income on your US Income Tax Return, all is not lost.
Excess foreign tax credits carry over and can be used for 10 years into the future on your returns assuming you do not have enough foreign tax credits to offset the tax on your foreign income.  See the instructions to the IRS foreign tax credit form 1116.

The best solution to recover your foreign taxes when you have excess foreign tax credits, is to move to a low tax country and you can then use them.  A list of countries in the world including the highest personal income tax rate for each country is HERE   You can use this to plan for the future use of excess foreign tax credits that are carried over.

US Expatriates May Be Eligible for Foreign Earned Income Exclusion Which increases for 2019

The foreign earned income exclusion has gone up for the 2019 tax year.   For the 2018 tax year, the maximum was $103,900. However, the Foreign Earned Income Exclusion 2019 maximum amount has risen to $105,900.  To be eligible to exclude this amount from your US tax return you must be a bonafide resident of a foreign country based on your physical presence for 330 days out of a 12 month fiscal year or be living and working in a foreign country for an entire calendar year.  The specific rules are set for in IRS publication 54.  

In additional to the foreign earned income exclusion an expat can exclude their housing costs so long as they exceeed a minimum amount  (see publication 54) and up to a maximum amount which may vary by country (see publication 54).

You also get a standard deduction of $24,400 if you file a joint return or $12,200 if you file as single. An additional $1,300 is added if you are aged.

We can help you reduce or save taxes you pay the US IRS.  Email us with your questions and help.  Visit our website at www.TaxMeLess.com   We have been assisting US expatriates and US nonresidents living abroad with the US taxes for over 25 years.  Kauffman Nelson LLP, CPAs and attorney.

WORRIED ABOUT IRS CRIMINAL INVESTIGATION? THERE ARE NOT THAT MANY EACH YEAR.

The link below is to the IRS Criminal Investigation Division 2019 Report.  Might be worth reading if you are worried about your situation.  Our of the 330 million plus Americans, the IRS last year only
instituted approx 1500 criminal investigations and less than 1000 resulted in criminal prosecutions.  If it does get that far, it is worth worrying about since they have a 91% conviction rate.

Download the pdf report here.... full of a lot of information that may be useful to you.

If you have personal concerns and was to discuss it with a tax attorney.  We offer mini consultations by phone, skype, whatsapp, etc.  Email us at ddnelson@gmail.com

ACCIDENTAL AMERICANS MAY HAVE PROBLEMS WITH IRS AND LOCAL BANKS UNLESS THEY REMEDY THEIR SITUATION

If you were born in the USA or your parents where US citizens you could be an Accidental American and may have problems soon with the IRS. Most individuals in this situation do not know that even if they never received a social security number or Taxpayer ID number, the IRS can come after them and make it difficult to open a foreign bank account even in the country which they reside.

READ MORE HERE   If you need help because you are an Accidental American we can help.  Email us at TAXMELESS.COM

How Your Wealth Compares with Wealth around the World - from CNBC and Bloomberg

Yesterday statistics for 2018 came out that indicated the one percent wealthy
in the USA are paying taxes at a percentage lower rate than the middle class. None
of recent tax cuts are trickling down to the middle class or  poor.

Yesterday the IRS admitted the mostly audit the lower middle class and poor
because it is easier to collect money than auditing the wealthy. They claimed
that they do not have a staff sophisticated enough to audit the wealthy and stand
up to the high priced tax lawyers and CPAs hired by the wealthy.

Write US if you want assistance with your taxes and to find every break that 
is available fo regular taxpayers.  We are attorney  and CPAs specializing in 
US expatriate, US nonresident and US international tax law. CLICK HERE

CRIMINAL PENALTIES FOR TAX FRAUD FOR EXPATRIATES AND NONRESIDENTS

A taxpayer that willfully attempts to evade paying income taxes is subject to criminal and civil penalties. The type of fraud will determine the applicable penalty. The following are some examples of possible punishments for specific types of tax fraud. Remember a delinquent taxpayer expat or nonresident, can never be certain if the IRS will not view their actions as beyond negligent but intentional fraud. Therefore, file your past due returns before the IRS finds you first.  Filing yourself before being caught is viewed as indicative of no criminal intent.

• Attempt to evade or defeat paying taxes: Upon conviction, the taxpayer is guilty of a felony and is subject to other penalties allowed by law, in addition to (1) imprisonment for no more than 5 years, (2) a fine of not more than $250,000 for individuals or $500,000 for corporations, or (3) both penalties, plus the cost of prosecution.

• Fraud and false statements: Upon conviction, the taxpayer is guilty of a felony and is subject to (1) imprisonment for no more than 3 years, (2) a fine of not more than $250,000 for individuals or $500,000 for corporations, or (3) both penalties, plus the cost of prosecution .

• Willful failure to file a return, supply information, or pay tax at the time or times required by law. This includes the failure to pay estimated tax or a final tax, and the failure to make a return, keep records, or supply information. Upon conviction, the taxpayer is guilty of a misdemeanor and is subject to other penalties allowed by law, in addition to (1) imprisonment for no more than 1 year, (2) a fine of not more than $100,000 for individuals or $200,000 for corporations, or (3) both penalties, plus the cost of prosecution .

Get Legal Help with Your Income Tax Problems avoid these criminal consequences.  We are CPAs and attorneys with over 30 years experience with US international, expatriate and nonresident taxation. We can solve your tax  problems before it becomes necessary to hire a criminal attorney.  Email us at ddnelson@gmail.com .com and visit our website at www.taxmeless.com. 

IRS VIRTUAL CURRENCY REPORTING ENFORCEMENT ACTIONS

The IRS has begun sending letters to taxpayers with virtual currency transactions that potentially failed to report income and pay the resulting tax from virtual currency transactions or did not report their transactions properly.

"Taxpayers should take these letters very seriously by reviewing their tax filings and when appropriate, amend past returns and pay back taxes, interest and penalties," said IRS Commissioner Chuck Rettig. "The IRS is expanding our efforts involving virtual currency, including increased use of data analytics. We are focused on enforcing the law and helping taxpayers fully understand and meet their obligations."

The IRS started sending the educational letters to taxpayers last week. By the end of August, more than 10,000 taxpayers will receive these letters. The names of these taxpayers were obtained through various ongoing IRS compliance efforts.

For taxpayers receiving an educational letter, there are three variations: Letter 6173, Letter 6174 or Letter 6174-A, all three versions strive to help taxpayers understand their tax and filing obligations and how to correct past errors.

Taxpayers are pointed to appropriate information on www.irs.gov, including which forms and schedules to use and where to send them.

Last year the IRS announced a Virtual Currency Compliance campaign to address tax noncompliance related to the use of virtual currency through outreach and examinations of taxpayers. The IRS will remain actively engaged in addressing non-compliance related to virtual currency transactions through a variety of efforts, ranging from taxpayer education to audits to criminal investigations.

Virtual currency is an ongoing focus area for IRS Criminal Investigation.

IRS Notice 2014-21 states that virtual currency is property for federal tax purposes and provides guidance on how general federal tax principles apply to virtual currency transactions. Compliance efforts follow these general tax principles. The IRS will continue to consider and solicit taxpayer and practitioner feedback in education efforts and future guidance.

The IRS anticipates issuing additional legal guidance in this area in the near future. Taxpayers who do not properly report the income tax consequences of virtual currency transactions are, when appropriate, liable for tax, penalties and interest. In some cases, taxpayers could be subject to criminal prosecution.

Article from the TaxBook

Need legal or tax assistance with your vitural currency matters. Email us here.  Visit our website at www.taxmeless.com  We are attorneys and CPAs who specialize in International, Expatriate and Nonresident US taxation.

OUR US TAX INTERNATIONAL, EXPATRIATE AND NONRESIDENT CONSULTING SERVICES

Many clients and potential clients have asked us what other services do we provide other than tax US tax return preparation.  A list of some of those services are included below: 

• Phone and internet  mini -consultations with individual taxpayers  in connection with expatriate, nonresident and international tax planning and questions.
• Phone and internet consultations with CPAs and Enrolled Agents that require advice or consultation on International, Nonresident and Expatriate US tax forms, rules and regulations.
• Assist taxpayers preparing their own tax returns with questions and the preparation of international, nonresident and expatriate tax forms
• Review of your self prepared returns that contain international, expatriate and nonresident tax issues and forms.
• Formation on US corporations, LLCs and Partnerships for expatriates and nonresidents....in most states.
• IRS and State Tax Agency defense against audits and assessments.

Almost no firms offer the combined expertise of CPAs and Attorneys at reasonable fees. Contact with your questions, and for information.  CONTACT US HERE BY EMAIL.  We have been doing nonresident, expatriate and international taxes for over 25 years.  Call us in the US at 949-480-1235.