US Tax for International Individuals
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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.
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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.
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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.
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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.
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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.