Hi there,
I am a resident alien living in the US. I work remotely for a company in Germany (german citizenship) and I am fully employed for the German company which means I pay all taxes and deductions to the German authorities automatically with my paycheck. I also work for a company in the US and pay taxes here. When I am filing taxes in the US now, I am assuming I will need to pay full taxes for my German income as well since I am physically present in the US? Is there any way to not pay double the taxes on my foreign based income? Any advice? I am assuming it would be better to be employed as freelancer by the German company and pay only taxes in the US then without a tax credit.
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As a US person for tax purposes (including a citizen, green card holder, or non-green card holder who passes the substantial presence test) you are required to report and pay US tax on all your world-wide income.
The US provides either a deduction or a credit if you pay foreign income tax on the same income. You can choose the deduction or credit, whichever works best for you. Turbotax includes these forms and calculations.
You can read more here,
https://www.irs.gov/taxtopics/tc856
https://apps.irs.gov/app/vita/content/globalmedia/4491_foreign_tax_credit.pdf
https://www.irs.gov/individuals/international-taxpayers/foreign-tax-credit
https://www.irs.gov/forms-pubs/about-publication-514
No one can tell you if it would be better to freelance for the German company without a deeper knowledge of German tax law, employment law, and your particular situation. In the US, being an employee carries certain benefits that do not apply to independent contractors. If that is the case with Germany, you would have to consider the tangible and intangible effect of those benefits. Your worldwide income would still be subject to US tax. If you didn't pay German income tax, you wouldn't claim the deduction or credit.
Thank you for your quick and thorough response. This is very helpful. I assumed that I don't receive a tax credit/deduction for the already paid taxes in Germany. If that is the case, then being employed with benefits outweigh the higher tax rate.
Thank you!
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