Sunday November 22, 2009 6:02 PM ET
SmartMoney
Published April 1, 2008  |  A A A
Taxes by AnnaMaria Andriotis (Author Archive)

International Tax Guide

WHEN IT COMES TO the corporate and investing worlds, globalization has made the borderlines that separate nations increasingly blurry. Unfortunately, Uncle Sam doesn't have such a globally open mindset. To the government, the boundaries are quite distinct.

If you work abroad for part of the year, or earn income from investments overseas, the Internal Revenue Service expects to see that income on your tax return. Typically, there are four sources of income the IRS is interested in: salary and bonuses, interest-bearing bank accounts, investment portfolios and real estate.

The bad news is that you're most likely going to be subject to taxes both from the country you're living in and the U.S. The good news is that rather than getting double-taxed, the IRS offers some relief including credits and exclusions. If you have assets abroad or spent time working overseas last year, here's what you'll need to do this tax season.

As of 2006, Americans had more than $1 trillion in assets offshore, according to the U.S. Senate Permanent Subcommittee on Investigations, which tracks the movement of U.S. money abroad. That number is growing, says Carol-Ann Simon, a partner at BDO Seidman. After all, the slowing economy here at home has many U.S. investors looking beyond our shores for growth opportunities, especially in emerging markets like China and India.

Those who decide to pass on declaring their foreign assets may be in for an unpleasant surprise. While the IRS doesn't have a formal system to track the income received abroad, it may question income that's being moved around from one account or investment to another. The ramifications can be financially devastating. For example, if the IRS finds out that you transferred money from a foreign-based bank account into a U.S.-based account without filing the proper tax forms, they could potentially fine you anywhere from $10,000 to $100,000 or up to 50% of your balance, says Brittney Saks, a partner in the Private Company Services Group of PricewaterhouseCoopers.

To avoid any snafus with the IRS, here's how you should report your income if you own any of the following overseas assets.

If you have interest-bearing personal or business accounts with total assets of less than $10,000, you'll need to include those assets on Schedule B of your 1040 form. Should you have more than $10,000 in overseas bank accounts, then you'll need to file a form TD F 90-22.1 in addition to the Schedule B. On the TD F 90-22.1 form, you'll need to include your account numbers and balances, as well as the country and financial institutions that your accounts are located in.

Unlike banks in the U.S., foreign banks don't send 1099 forms reporting the amount of interest an account holder's account gained in the past year. Instead, you'll need to reconstruct that interest on your own. One quick way is to add up all of the interest that accumulated on your monthly statements for 2007 and to include that income on your return, says Saks. Just don't forget to convert everything to U.S. dollars.

Today most investors have some international exposure in their portfolios. Whether you set up your investment portfolio at a brokerage firm here in the U.S. or abroad, the concern come tax season is the same: Your portfolio's gains may be taxed by the U.S. and the country that it has international exposure to.

In order to avoid being taxed twice, you may claim a foreign tax credit. How it works is that the IRS will calculate the tax on your foreign-sourced income. If the foreign tax rate is higher than the U.S. rate, there will be no U.S. tax on the foreign income. If the foreign tax rate is lower than the U.S. rate, the IRS will tax you on the difference between the two rates. To claim this credit, complete Form 1116 and attach it to your U.S. tax return.

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User Comments
Posted by: zingerk
I come originally from Singapore, where I worked for more than 10 years before coming to the US on a student visa in 1989. Singapore has a compulsory savings system called the Central Provident Fund, analogous to the US Social Security. The funds that I had in that account were accumulated over the 10 years that I worked in Singapore, tax exempt, and could only be withdrawn at retirement or upon permanent departure from Singapore. I became a US citizen in October 2007, and renounced my Singapore citizenship in June 2008, which meant that I could withdraw the money I had in my Central Provident Fund account. How do I report this transfer of funds to the IRS? Is it enough to report the interest that accrued (which was in Singapore dollars, and which I didn't have any access to until now) or is it even possible that since this account was tax exempt in Singapore, I would be free of tax obligations here as well? I was planning to rollover about $60,000 into a retirement fund, and the...(Read more of this comment)
Posted by: veetree
Does this apply to everyone working abroad, regardless of the currency they are paid in?
Posted by: sabbaselly
Very inadequate coverage. Should have made reference to the Forms 3520 and 3620 dealing with establishment or fund transfers relative to foreign trusts, disclosures and tax options re foreign corporations. Visit www.GerberCo.com for an example of what has to be disclosed.
Posted by: erniee
This is the first year I had to file form 1116 in order to deduct for foreign taxes paid on a international mutual fund. The form is most confusing for a first time filer. Just to show how insane our tax code is, form 1116 is 2 pages: the instructions for filling out form 1116 are 20 pages long. This is ridiculouce. I'm all for a flat tax.
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