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TurboTax & Foreign Income (2018) – Overseas Businesses | Foreign Gifts

TurboTax & Foreign Income (2018) – Overseas Businesses | Foreign Gifts

TurboTax & Foreign Income (2018) - Overseas Businesses | Foreign Gifts by Golding & Golding, A PLC

TurboTax & Foreign Income (2018) – Overseas Businesses | Foreign Gifts by Golding & Golding, A PLC

As the IRS begins accepting tax returns for the 2017 tax year, it is important that you understand what your tax filing requirements are, and what must be included on your U.S. Tax Return — especially if you have foreign income.

TurboTax for Do-It-Yoursefers 

Like many entrepreneurs, or do-it-yourselfers you will probably want to attempt to prepare your tax return yourself.

In all reality, for many people, the Tax Return is not that complicated. Especially if they are a W-2 or a single-member LLC in which the income and expenses flow-through to a schedule C — overall the tax return would not be the most complicated thing they do all year.

International Income

When a person has foreign accounts, foreign investments, foreign assets, and foreign income, the return becomes infinitely more complicated. That is not intended to scare you at all. Rather, the problem really lies in the software you are using. Why? Because programs such as TurboTax do not provide sufficient forms in order to complete many of the different foreign reporting requirements.

Moreover, the IRS has ramped up enforcement of international/offshore penalties, with the IRS increasing penalty enforcement fivefold in just the last few years — especially against foreign trusts and businesses.

And, since the IRS has the right to penalize you anywhere from zero to 100% value in a multiyear tax audit scenario in which the IRS believes you acted with willfulness or reckless disregard – is important to try to get the international aspect of your tax return correct.

It Probably Isn’t TurboTax’s Fault

The law is pretty clear that it is not the fault of the software if you make a tax mistake – unless there is an inherent problem with the software. In other words, if you fail to file certain forms because those forms, and they are not contained within TurboTax, the IRS is not necessarily going to waive the penalties on that fact alone.

In fact, the IRS and Courts typically take position that since you decided to prepare the tax returns yourself, you are the one standing there holding the bag if you get hit with fines and penalties.

What to look out for?

The following is a reproduction of a recent article we authored, which has been receiving a nice response from the general public (we really do appreciate those emails we receive from anonymous individuals just thanking us for putting information out into the cyber world)

Here are the following are 10 important tax tips to keep in mind when you have foreign income, assets, investments, accounts, retirement, etc.:

10 Important International Rules

With 2017’s tax returns coming due in the next few months, we want to provide a brief synopsis of important international tax issues for you to stay aware of when you are preparing your tax returns. These are by no means the only issues to consider, but they are some of the more common issues that are presented to us at Golding & Golding.

Worldwide Income

The United States is a Citizen-Based Taxation country (CBT). That does not mean you have to be a “Citizen” (or even residing in the U.S.) to be taxed by the United States. It means that if you are a US person such as a U.S. Citizen, Legal Permanent Resident, or Foreign National who meets the Substantial Presence Test, then you have to pay US taxes just as it you are a U.S. Citizen. And, the U.S taxes you on your worldwide Income.

Therefore, if you earned income in a different country, you still have to report that income on your U.S. tax return. It does not matter if the income is not taxed in the foreign country, and it does not matter if it is exempt in the United States – it still must at least be included in your US tax return.

Golding & Golding International Tax ResourceU.S. Worldwide Taxation Rules

Review the U.S. Income Tax Treaty

United States has entered into income tax treaties with more than 50 countries. While many of these treaties are nearly identical in content, they often will have nuances and differences — especially on issues involving retirement, pension and Social Security (usually Paragraphs 16-20 of the Treaty.)

While general proposition contained in many treaties is that the country of residence is usually the country that has the opportunity to tax individuals on issues such as retirement, these rules are not linear and there are exceptions, exclusions, and limitations depending upon the specific country, the specific treaty, and the specific type of income.

Golding & Golding International Tax ResourceWe recommend searching our Tax Library for the specific country

Totalization Agreements

The United States has entered into totalization agreements with around 25 different countries. This is important, especially if you are a U.S. person living overseas who is self-employed in a foreign country.   That is because in accordance with the totalization agreement, you may have a Social Security payment responsibility in only one country, but not the other.

Is important to note that the totalization agreements are not identical, and vary even between neighboring countries. For example, the United States has entered into a totalization agreement with Australia, but has not entered into a totalization agreement with New Zealand.

Golding & Golding International Tax ResourceUnderstanding Totalization Agreements

Foreign Tax Credits

If you already pay tax in a foreign country on income you earn in a foreign country, you may receive a credit for that tax in the United States on the income. So for example, if you earned $50,000 of interest income in Portugal and paid 11% tax, then when you report that income under US tax return you will also include the taxes paid on a form 1116.

There is an equation that is used to ensure that none of the foreign tax is used to offset US tax on US income so it is not always a dollar per dollar credit – but it is a nice benefit, and often times comes close to a 75% – 100% tax credit.

Golding & Golding International Tax ResourceForeign Tax Credit vs. Foreign Earned Income ExclusionHigh-Tax Kick-Out

Foreign Earned Income Exclusion

Over the last few years we have seen many inexperienced practitioners using the exclusion for clients in which it does not apply. In order to claim this exclusion, you have to meet either the Physical Presence Test or the Bona-Fide Residence Test. If you have not lived outside the country for at least 330 days in any 12 month period, you will not qualify for the Physical Presence Test. And, if you live the majority of the time in the United States, you will presumably not qualify for the Bona-Fide Residence Test.

Also, you cannot switch back and forth each year between the two separate tests, so it is important to work with a practitioner who understands the application of the exclusion and when it qualifies.

The exclusion is a bit of a red flag so if you are on that cusp of believing you may qualify or not qualify, you should have your ducks in a row at the time of the tax return submission.

Golding & Golding International Tax Resource: Foreign Earned Income Basis;  Foreign Tax Credit vs. Foreign Earned Income Exclusion

FBAR

We have written hundreds of articles on this subject already, including Case Studies, Examples, and FAQ. The FBAR is the Report of Foreign Bank and Financial Account Form. It is required to be filed by any individual who has more than $10,000 in annual aggregate total, in foreign accounts on any day of the year. Is not filed along with your tax return; it is filed separately, electronically with the Department of Treasury on that FinCEN website. It is due at the same time your tax return is due – including extensions.

If you are out of compliance for prior years, this is not the form to quietly disclose. In other words, if you are out of compliance, then you should speak with an experienced offshore disclosure attorney to prepare strategy for getting into compliance.

If you only just learned about this form and are about to file your first FBAR, but you were required to file in prior years, do not file the form until you have spoken with an attorney.

Golding & Golding International Tax Resource:  FBAR FAQ; FBAR PenaltiesFBAR Penalty MitigationFBAR vs. 8938

FATCA Form 8938

FATCA is the Foreign Account Tax Compliance Act. It is required in order to disclose certain specified foreign assets (which may also include accounts). It is similar to the FBAR, but different in many respects. First, it is filed along with your tax return as a form accompanying your 1040. Second, it does not have the same threshold requirements as the FBAR. Threshold requirements are much higher so that less people have to file the form. The threshold requirements vary based on marital status and residence. Third, unlike the FBAR, FATCA Form 8938 requires that you include the income that was generated from the specified foreign assets included on form 8938.

Golding & Golding International Tax ResourceForm 8938 FAQFATCA ReportingFATCA Accidental AmericanFBAR vs. 8938

Foreign Investments, PFIC & Form 8621

If you have investments overseas such as a foreign mutual fund, or you are the owner of a foreign corporation that manages investments and you meet the requirements of it being a PFIC, then your tax return just became infinitely harder to prepare. Whether or not you will have to file a form 8621 will be determined by the value of the PFIC assets, whether you or your CPA ever made an election, etc. In addition, depending on whether you have ever made a previous election for the specific assets, and/or whether or not you have any distributions/ excess distributions will impact the preparation of the tax analysis.

The reason why this form 8621 is so important, is because if it is not filed when it is supposed to be filed — then your tax return is considered incomplete and the statute of limitations does not begin to run yet.

Golding & Golding International Tax ResourcePFICPFIC Excess Distribution Calculation

Foreign Trusts, Partnerships, or Businesses

Depending on whether or not you have sufficient interest, control, or ownership of a foreign business or trust may determine whether or not you have to file other tax forms such as Form 3520, 5471, or 8865.

These forms are considerably complicated, especially for somebody who is not in the business of preparing international tax returns. Moreover, ever since the Internal Revenue Service has made international tax enforcement a mainstay and priority, the penalties that the IRS may issue for individuals out of compliance have increased exponentially.

As a result, if you have any sort of interest or ownership (or control) over foreign business or trusts, it is important to determine what your filing requirements are before submitting your tax return to the IRS.

Golding & Golding International Tax ResourceForm 3520Form 5471Form 8621Form 8865

Golding & Golding, A PLC

We have successfully represented clients in more than 1000 streamlined and voluntary disclosure submissions nationwide, and in over 70-different countries.

We are the “go-to” firm for other Attorneys, CPAs, Enrolled Agents, Accountants, and Financial Professionals across the globe.

Golding and Golding, Board-Certified Tax Law Specialist

Golding and Golding, Board-Certified Tax Law Specialist

Golding & Golding: Our international tax lawyers practice exclusively in the area of IRS Offshore & Voluntary Disclosure. We represent clients in 70+ different countries. Managing Partner Sean M. Golding is a Board-Certified Tax Law Specialist Attorney (a designation earned by < 1% of attorneys nationwide.). He leads a full-service offshore disclosure & tax law firm. Sean and his team have represented thousands of clients nationwide & worldwide in all aspects of IRS offshore & voluntary disclosure and compliance during his 20-year career as an Attorney.

Sean holds a Master's in Tax Law from one of the top Tax LL.M. programs in the country at the University of Denver. He has also earned the prestigious IRS Enrolled Agent credential. Mr. Golding's articles have been referenced in such publications as the Washington Post, Forbes, Nolo, and various Law Journals nationwide.
Golding and Golding, Board-Certified Tax Law Specialist