US Tax for International Individuals

  • Double Tax Relief

    Double tax relief helps taxpayers avoid being taxed twice on the same income by two countries. It can take the form of:

    Credits — a tax credit for foreign taxes paid, reducing domestic tax liability.

    Exclusions — excluding certain foreign income from domestic taxation.

    Treaties — international agreements between countries that coordinate tax rules and provide relief mechanisms.

  • US Tax Residency

    U.S. tax residency determines if someone is taxed as a resident or nonresident. It is based on:

    Substantial Presence Test — individuals physically present in the U.S. for a set number of days over 3 years may qualify.

    Green Card Test — lawful permanent residents are considered U.S. tax residents.

    Treaties — tax treaties can override residency status in some cases.

  • Foreign Asset Informational Reporting

    U.S. taxpayers may need to report foreign financial accounts and assets through:

    FBAR (FinCEN Form 114) — required if aggregate maximum balances of foreign accounts exceed $10,000 at any time during the year.

    Form 8938 (FATCA) — required for certain foreign financial assets over IRS thresholds.

    Other Forms — additional forms may apply depending on asset type or ownership. See entity section below for descriptions related to Form 5471, 3520, etc.

  • Foreign Income

    U.S. taxpayers must report worldwide income, including foreign income. Key points include:

    General Reporting — all income, whether earned in the U.S. or abroad, must be reported on the U.S. tax return.

    Sourcing Rules — income is sourced based on factors like where services are performed, where real property is located, or the residency of the taxpayer.

    Foreign Taxes — taxes paid abroad may be eligible for credits or deductions to reduce double taxation. See Double Tax Relief section above for more details.

  • Foreign Entities

    U.S. taxpayers with interests in certain foreign entities must file special reports, including:

    Form 5471 — for U.S. shareholders of foreign corporations.

    Form 3520/3520-A — for certain foreign trusts, gifts, or inheritances.

    Form 8865 — for U.S. partners in foreign partnerships.