2564843
Our son has income from his summer job in the UK and also income from a school job in the US. If he is considered resident with his parents in the UK, we presume he would file a non-resident state tax return for his school job income. Is that right?
But what about his summer UK earnings? Despite spending nine months in the US going to school, does he still qualify as a bona fide non-US resident and entitled to the foreign income exclusion on the earnings from his UK job? He comes back to the UK regularly on school breaks and during the summer.
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@MarkLondon , assuming that you ( plural ) and your dependent child are all US citizens , US tax laws apply as if you were residing in the USA -- world income taxed by the USA. Thus that your son is considered a resident ( ordinarily resident or currently domiciled ), is not material for US tax purposes. That he spends 3/4 of the year ( he is not with a visa , right ? ) in the USA makes him also ineligible for excluding his foreign earnings -- physical presence rules apply and not domiciliary rules. Give that he is under 24 and going to school, he is still your dependent and files his US return as a dependent and is taxed on world income. If UK taxes him on the UK sourced income then that "foreign" income and the taxes thereon would be eligible for foreign tax credit, ameliorating the burn of double taxation.
Does this make sense? Do you need more help on this ?
pk
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