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Learn Your Residency Status For US Tax Purposes

Learn Your Residency Status For US Tax Purposes

A very smart TaxConnections Member, Gary Carter, PhD, MT, CPA created this valuable residency test for taxpayers. We want to bring it to your attention as knowing your status for US Residency regarding US tax filings is very important.

You need to learn your residency status for US tax purposes so you know what tax forms to use, right? Well, you have come to precisely the right place! Below is a series of questions designed to tell you exactly what your residency status is for tax purposes in the United States, and what forms you should use to file your tax return. You can determine your status for any calendar year from 2013 to 2021.

Your residency status for tax purposes is different than your immigration status. The correct answer to each question is critical, so be sure to read each question carefully. If you select the wrong answer, simply refresh the page and start again.

Go to this link to take the US Residency Test. Your name and identity is not collected so we love the test!

Another great resource for information for expatriates is go to the TaxConnections Blog Page; Scroll down the page and look on the right side column until you see the Search Feature. Type in Gary Carter and all his content will come up and provide expatriates with highly valuable free advice on a wide range of  tax issues.

Report of Foreign Bank And Financial Accounts

The law requires each “United States person” who has a financial interest in or signature authority over any foreign financial account to file an FBAR if the aggregate value of the foreign financial accounts exceeds $10,000 at any time during the calendar year. The form required is FinCEN Form 114.

This is one that should be pretty well known by now. The obligation to file a Report of Foreign Bank and Financial Accounts (FBAR) with the US Treasury was initially imposed by the Bank Secrecy Act in 1970. Here are the Instructions to FinCEN Form 114 (FBAR). You can electronically file Form 114 for free here.

What Is a Financial Interest for the FBAR?

According to the FBAR instructions:

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Expatriates: U.S. Tax Guide And Forms You Need To Know

Generally, if you are a United States citizen or permanent resident (Green Card Holder) living outside the United States for more than one year, you are called an expatriate or “expat.”* Rather than adding to the long list of tax guides that explain the general concepts of expat taxation,** we will focus on the specific requirements to file several US international tax forms, not well known. These are forms not well known, but they carry huge penalties for excluding or screwing up.

We will give you a general understanding of the following United States IRS Tax Forms:

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2021 Year End Tax Planning Tips

It’s that time again! The final chance to reduce your annual tax bill is here. Spend a few minutes considering the following ideas:

1. Make last minute charitable donations.

2. Review and maximize use of the $15,000 annual gift giving limit.

3. Review your investment portfolio for capital gain and loss planning.

4. Use your annual $3,000 net capital loss limit to lower ordinary income if appropriate.

5. Maximize the kiddie tax threshold rules ($2,200 of unearned income taxed at your child’s lower tax rate).

6. Make last minute contributions to your retirement account to take advantage of the annual contribution limits.

7. Identify any potential tax forms required for household employees.

8. Consider donating appreciated stock owned one year or longer.

9. Review retirement accounts. Make any required minimum distributions.

10. Review medical and dependent care funding accounts to ensure you do not lose contributions that do not rollover into the new year.

11. Consider retirement plan rollover options into Roth IRAs.

12. Estimate your tax liability and make any final estimated tax payments.

13. Create a list of expected 1099 and other tax forms you will be receiving.

14. Review your W-2 withholdings and file any changes with your employer for the upcoming year.

15. Begin organizing your tax records.

Should you have any questions on these ideas, ask for help prior to taking action. In many cases, the requirements and documentation needed are important to ensure you receive the full tax savings benefit.

From Newsfeed Of Gary Carter

Form 8938, Statement of Specified Foreign Financial Assets

Filing Requirements

If you are a “specified person,” Form 8938 is required to be filed with your tax return to report your interest in “specified foreign financial accounts” if the total value of all of your specified foreign financial assets exceeds a threshold. Okay, if you’re really interested, here are the Instructions.

Specified foreign financial assets include cash amounts in foreign accounts, foreign securities, financial interests in foreign entities and retirement accounts. This form requires details about each individual foreign asset, beyond just the total account balance that is included in Treasury Form 114 (FBAR). This does not include foreign rental property or foreign financial assets (currency or securities) that are held in a US financial institution. Here is a Comparison Chart of FBAR and 8938 requirements.

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US Tax Guide For Foreign Nationals Working Or Investing In The United States

This guide is dedicated to helping you comply with US tax laws if you are a foreign national (resident or nonresident alien) working or investing in the US.  We take you through the substantial presence test and show you how to determine your US tax resident status. Regardless of your visa status, you will learn about the US resident tests for tax purposes, which are different than for immigration purposes.

If you are a nonresident alien, investing in US real estate or other US business activities from your home country, we give you an overview of deductions and credits available on Form 1040NR. We explain your tax filing options. For example, in the year of arrival, you might qualifiy for a dual status, resident or nonresident tax return.

You will also learn the more complex tax rules that apply if you are an F1 or J1 visa holder. Then we give you an overview of tax treaty benefits, which are particularly useful for F1 and J1 visa holders. Finally, you will learn about ITIN requirements, state tax requirements and social security and Medicare tax withholding rules.

For most Americans, completing their tax return is a confusing and frustrating exercise. We can only imagine how ominous the task must seem for you, a foreign visitor. Hopefully the information you find here will make the job easier.

Form 1040NR Filing Requirements

Who Needs to File a US Tax Return?

 

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Even Non-Income Tax States Have Taxes

With the increased popularity of working-at-home, you may consider moving to one of the nine states that don’t impose an individual income tax. Before doing so, you should understand how each of these states raises its revenue. And then consider how you can reduce your tax obligation in your current home state.

Here’s some help.

According to Kiplinger and the Tax Foundation, here is how the nine states that collect no individual income taxes collect money from their residents.

Alaska

  • Alaska is one of five states with no sales tax, but local jurisdictions may impose sales taxes, with rates reaching 7.5%. The average is 1.76%.
  • The median property tax rate is $1,182 per $100,000 of assessed home value, slightly above the national average.

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United States Tax Guide And Forms For Expatriates (2020)

Generally, if you are a United States citizen or permanent resident (Green Card Holder) living outside the United States for more than one year, you are called an expatriate or “expat.”* Rather than adding to the long list of tax guides that explain the general concepts of expat taxation,** we will focus on the specific requirements to file several US international tax forms, not well known. These are forms not well known, but they carry huge penalties for excluding or screwing up.

We will give you a general understanding of the following United States IRS Tax Forms:

Read More

United States Tax Guide For Foreign Nationals

This guide is dedicated to helping you comply with US tax laws if you are a foreign national (resident or nonresident alien) working or investing in the US.  We take you through the substantial presence test and show you how to determine your US tax resident status. Whether you are an H1b, L1, O1, or other non-immigrant visa holder, you will learn about the US resident tests for tax purposes, which are different than for immigration purposes.

If you are a nonresident alien, investing in US real estate or other US business activities from your home country, we give you an overview of deductions and credits available on Form 1040NR, with plenty of additional resources provided. We explain your tax filing options on a dual status or resident tax return if you have obtained permanent resident (green card) status.

You will also learn the more complex tax rules that apply if you are an F1 or J1 visa holder. Then we give you an overview of tax treaty benefits, which are particularly useful for F1 and J1 visa holders. Finally, you will learn about ITIN requirements, state tax requirements and social security and Medicare tax withholding rules. For most Americans, completing their tax return is a confusing and frustrating exercise. We can only imagine how ominous the task must seem for you, a foreign visitor. Hopefully the information you find here will make the job easier.

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Social Security Tax And Employer Withholding

Must You Pay Social Security and Medicare Tax?

Nonresident aliens who are F-1, J-1, M-1 or Q-1 visa holders are not subject to social security and Medicare taxes (FICA) on services are performed to carry out the purpose for which they are admitted to the United States [IRC sec. 3121(b)(19)]. This generally includes on-campus work for which authorization is granted on Form I-94, Arrival and Departure Record, or Form I-20, Certificate of Eligibility for Nonimmigrant Student Status.

A nonresident alien admitted to the US as a student is not permitted to work off campus for a wage or to engage in business unless given approval by the U.S. Citizenship and Immigration Services (CIS). This should be noted on the student’s copy of Immigration Form I-20, or Form I-688B, Employment Authorization Document.

Off-campus work due to severe economic necessity or for optional practical training is considered by the IRS to qualify for the exemption. The IRS does not consider other off-campus work performed by a nonresident alien student to be performed to carry out the purpose of a student visa.

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Turn Your Home Office Into A Tax Deduction

If you are working from home for the first time in 2020, you may be wondering if your home office is tax deductible. The bad news? If you’re working from home for an employer, you normally can’t deduct your home office expenses.

Here’s a quick look at the basic requirements to be able to deduct your home office expenses, along with some suggestions for how to qualify for the deduction if you’re currently working for your company as an employee.

The Basics

There are two requirements for having a tax-deductible home office:

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Form 8621, Information Return By A Shareholder Of A Passive Foreign Investment Company Or Qualified Electing Fund
What Is A PFIC?

A  foreign corporation is a passive foreign investment company (PFIC) if it meets either of the following two tests:

  1. 75% or more of its gross income for the taxable year is passive income (generally  investment income such as interest, dividends, royalties, rents and annuities), or
  2. At least 50% of its assets  are held to produce passive income.

This definition describes most foreign mutual funds, since mutual funds outside the United States tend to be organized as corporations (or organizations deemed corporations under US tax law). PFICs can also be ETFs, bond funds, currency tracking funds, precious metal funds, investment trusts, hedge funds, private equity funds, startups and more. Many expats own PFICs, either directly or indirectly, without understanding their toxic treatment under US tax law. Here is a look at Form 8621 and here are the Instructions. But really, forget about the instructions. You are not going to want to try this on your own.

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