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Foreign Tax Liability

If I work remotely in a foreign country for >90 days cumulative, this particular country will then impose a tax liability on my income.  This foreign country does have a tax treaty with the US, to avoid double taxation.

 

Does Turbotax have tax professionals that can provide guidance regarding tax liability while working remotely in a foreign country?  And how to file taxes appropriately? Or is it primary US based?

 

 

 

 

 

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1 Best answer

Accepted Solutions
emina
Expert Alumni

Foreign Tax Liability

My pleasure Esteban,

 

I understand that it is a lot of information 🙂 

The final answer depends on the details of your particular situation. As experts here at TurboTax, tax projections and tax planning is out of our scope, however we can provide answers to your questions, and provide tax advice on your current situation. This is available through Live feature on your TurboTax account, or if you qualify, you may also have a full service expert prepare your return.

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3 Replies
emina
Expert Alumni

Foreign Tax Liability

Hello Esteban! Happy to assist!

 

The United States has tax treaties with a number of foreign countries. Under these treaties, residents (not necessarily citizens) of foreign countries are taxed at a reduced rate, or are exempt from U.S. taxes on certain items of income they receive from sources within the United States. These reduced rates and exemptions vary among countries and specific items of income. Under these same treaties, residents or citizens of the United States are taxed at a reduced rate, or are exempt from foreign taxes, on certain items of income they receive from sources within foreign countries. 

Here is the reference link that contains more details and has details on every country US has treaty with: IRS LINK.

  • If you take the position that any item of income is exempt from U.S. tax or eligible for a lower tax rate under a U.S. income tax treaty (a treaty-based position), you generally must disclose that position on Form 8833 and attach it to your return.  For exceptions to the disclosure requirement, see the Instructions attached to Form 8833, Treaty-Based Return Position Disclosure Under Section 6114 or 7701(b).
  • If you are a tax resident in both the United States and a foreign country based on each country’s laws, you must use the provisions of an income tax treaty to claim tax residence in only one country.  If you claim tax residence in a country where you are not eligible to claim residence, or the information on your tax return does not appear to support this position, your treaty-based position may be denied.

If you paid or accrued foreign taxes to a foreign country or U.S. possession and are subject to U.S. tax on the same income, you may be able to take either a credit or an itemized deduction for those taxes.

File Form 1116, Foreign Tax Credit, to claim the foreign tax credit if you are an individual, estate or trust, and you paid or accrued certain foreign taxes to a foreign country or U.S. possession.

 

If you meet certain requirements, you may qualify for the foreign earned income exclusion, the foreign housing exclusion, and/or the foreign housing deduction. To claim these benefits, you must have foreign earned income, your tax home must be in a foreign country, and you must be one of the following:

  • A U.S. citizen who is a bona fide resident of a foreign country or countries for an uninterrupted period that includes an entire tax year,
  • A U.S. resident alien who is a citizen or national of a country with which the United States has an income tax treaty in effect and who is a bona fide resident of a foreign country or countries for an uninterrupted period that includes an entire tax year, or
  • A U.S. citizen or a U.S. resident alien who is physically present in a foreign country or countries for at least 330 full days during any period of 12 consecutive months.

Foreign Tax Liability

Thank you for this very detailed response, emina.

 

I will need to keep re-reading this to ensure that I understand some of it. 😃

 

If I do find myself in this situation wherein, I am living in a foreign country that has a US tax treaty. Is this a situation wherein the experts @ turbotax can help me in planning? Or is this outside of your normal services?

 

The country in question would be the Philippines.

 

 

emina
Expert Alumni

Foreign Tax Liability

My pleasure Esteban,

 

I understand that it is a lot of information 🙂 

The final answer depends on the details of your particular situation. As experts here at TurboTax, tax projections and tax planning is out of our scope, however we can provide answers to your questions, and provide tax advice on your current situation. This is available through Live feature on your TurboTax account, or if you qualify, you may also have a full service expert prepare your return.

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