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Filing Taxes as an Expat

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Foreign Earned Income Exclusion (FEIE)

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U.S. citizens or resident aliens can exclude up to 108,700(asof2021)offoreignearnedincomeforthetaxyeariftheymeetcertainresidencyrequirementsorarephysicallypresentinaforeigncountryforatleast330fulldaysduringanyperiodof12consecutivemonths.108,700 (as of 2021) of foreign earned income for the tax year if they meet certain residency requirements or are physically present in a foreign country for at least 330 full days during any period of 12 consecutive months.

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Foreign Tax Credit (FTC)

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Reduces double taxation by allowing income tax already paid to a foreign government to be credited against U.S. tax on foreign income. The FTC cannot exceed the amount of U.S. tax attributable to foreign income.

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Foreign Housing Exclusion or Deduction

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Allows additional exclusion or deduction from gross income for housing costs over a base amount if certain conditions are met. Calculated using the housing cost amount minus the base (16% of the FEIE for that year).

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Totalization Agreements

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Agreements with various countries to avoid double taxation of income with respect to social security taxes. They help determine which country's social security system covers the taxpayer.

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Reporting Foreign Bank and Financial Accounts (FBAR)

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Required if the total value of the individual's foreign financial accounts exceeds 10,000atanytimeduringthecalendaryear.FiledseparatelyfromthetaxreturnandgoestotheFinancialCrimesEnforcementNetwork(FinCEN).10,000 at any time during the calendar year. Filed separately from the tax return and goes to the Financial Crimes Enforcement Network (FinCEN).

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FATCA (Foreign Account Tax Compliance Act) Filing Requirements

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U.S. taxpayers holding foreign financial assets with an aggregate value exceeding 50,000mustreporttheseassetsonForm8938withtheirtaxreturns.50,000 must report these assets on Form 8938 with their tax returns.

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Foreign Pension and Retirement Accounts Reporting

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The U.S. may tax distributions from and sometimes even the growth within a foreign pension or retirement accounts. Reporting is complex and often requires help from a tax professional.

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Self-Employment Tax for Expats

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U.S. citizens or resident aliens living abroad who are self-employed are generally subject to self-employment tax on their foreign earnings.

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State Tax Filing Requirements While Living Abroad

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Some U.S. states still require expats to file state income taxes, depending on the individual's intent to return and various domiciliary factors.

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Foreign Partnerships and Controlled Foreign Corporations (CFCs)

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U.S. persons with interest in or authority over foreign partnerships, corporations, or other entities may have to file additional forms such as Form 8865 or Form 5471, respectively.

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Expat Tax Deadlines and Extensions

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The automatic two-month extension for taxpayers living outside the U.S. moves the filing deadline to June 15. Further extensions can be requested with Form 4868, extending the deadline to October 15.

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Foreign Earned Income Exclusion for Military Contractors

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Civilian contractors working in designated combat zones may qualify for the same income exclusions as military personnel, which includes the FEIE.

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Tax Treaties Impact on Expat Filing

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The U.S. has tax treaties with many countries that can affect taxation of income and provide relief from double taxation, exclusions, or deductions not otherwise available.

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Estate and Gift Tax for Expatriates

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U.S. citizens and resident aliens are subject to estate and gift tax on worldwide property. However, tax treaties and the unified credit against estate tax may provide relief.

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Spousal Election for Non-Citizen Spouse Income

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A U.S. taxpayer married to a non-U.S. citizen may elect to treat their non-U.S. citizen spouse as a U.S. resident for taxation purposes, which includes worldwide income reporting but allows joint filing.

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