how to report foreign salary

How to report a foreign salary or international business income

Here’s how to report a foreign salary or international business income. If you earn money from working as an employee or independent contractor, you need to report it on your US tax return. Here’s how to report income paid by a foreign company.

I’ll briefly comment on income earned from abroad while living in the United States. Then I’ll focus on how to report a foreign salary or other income while living abroad and qualifying for the Foreign Earned Income Exclusion.

If you’re living in the United States and are paid by a foreign company, you have self employment income. This must be reported on Schedule C and self employment tax will apply.

Being self employed means you can deduct any expenses you had, such as travel, equipment, etc. It also means you’ll pay self employment tax in addition to ordinary income tax on your net profits. SE tax is 15%.

Anyone who does not qualify for the Foreign Earned Income Exclusion should report income from abroad on Schedule C. Even if you did the work outside of the United States, if you were a US resident during the tax year, you have US source self employment income that goes on Schedule C.

For example, you’re a US citizen living in California throughout 2017. You travel to Taiwan for 2 months on a special project earning $30,000. All of the work on this project is performed while you are in Taiwan.

This income is taxable in the United States and self employment tax applies. If you paid any taxes in Taiwan, you can use the Foreign Tax Credit to eliminate double taxation.

Same facts as above, but you’re in Taiwan for all of 2017 and earn $100,000. You’re out of the US for 330 out of 365 days and therefore qualify for the Foreign Earned Income Exclusion using the physical presence test for 2017.

If you’re an employee of a Taiwanese company, your US taxes are relatively simple. You file Form 2555 with your personal return (Form 1040), claiming the FEIE and reporting your salary from a foreign employer. Because you earned less than $102,300, you will pay zero US tax on your income.

If you had earned $200,000, and paid tax in Taiwan, you would use the FEIE on your first $100,000 and the foreign tax credit on the second $100,000.

Salary is taxable at 18% in Taiwan and your US rate is probably about 30%. So, you’ll pay 18% on $200,000 to Taiwan and 12% to the United States (30% – 18%) on the second $100,000 which was over the FEIE amount.

If you’d been working in a country that didn’t tax your salary, you would have paid zero tax on your first $100,000 using the FEIE. For example, you could have lived tax free in Panama while working remotely for a Taiwanese company.

If you’re not an employee of a foreign corporation, then you have income from self employment. SE income will be reported on Schedule C which will link to Form 2555 and apply the FEIE.

For example, you’re an independent contractor working in Panama for a company in Taiwan. You earn $100,000, which is paid into your personal bank account. You will pay zero income tax because you qualify for the FEIE. However, you will pay 15% in self employment tax. SE tax is not reduced by the FEIE.

For more on self employment tax for those living and working abroad, see How self employment tax works when you’re offshore

You can eliminate self employment tax by forming an offshore corporation and having your employer (the Taiwanese corporation in this example) pay into that account. You then draw a salary reported on Form 2555 and not Schedule C.

Your offshore corporation will file Form 5471. In most cases, this will be attached to your 1040 behind Form 2555.

Keep in mind that Form 2555 can be used with any foreign corporation. It doesn’t matter if you’re an employee of an offshore corporation that you own or an employee of someone else. So long as your salary comes from a foreign company, and you qualify for the FEIE, you can avoid self employment tax and Schedule C.

An offshore corporation can also help to defer US tax on income over and above the FEIE. For example, you’re living in Panama, qualify for the FEIE, earn $200,000 from work, and are paid into your Panama corporation.

You can take out $100,000 and report that as your salary on Form 2555. You leave the balance in the corporation as retained earnings. You will only pay US tax on this money when you take it out of the foreign corporation, usually as a dividend.

I hope you’ve found this article on how to report a foreign salary or business income to be helpful. For help preparing your US returns, or to setup an offshore corporation in a tax free country, please contact me at info@premieroffshore.com or call us at (619) 483-1708. 

Trump Tax Plan for Expats

Trump’s Tax Plan for Expats

Most of Trump’s tax plans will help American expats. If you’re living abroad, and making more than the Foreign Earned Income Exclusion, or have significant capital gains, Trump might cut your US taxes significantly.

First, I should point out that there’s been no indication Trump will attack the FEIE. I don’t expect this Exclusion to be reduced. If you’re working abroad and earning less than $102,100, you’re golden.

Second, note that Trump’s changes to international tax law have been focused on import taxes and preventing jobs from going overseas. Unless you sell a physical good into the United States, his negative tax plans should not affect you.

That is to say, if you’re an expat with a portable business, or an internet, service, drop shipping, or consulting business, Trump’s plans won’t hurt you. So long as you’re not importing into the United States, there’s no need to worry.  

Let’s take a look at a few highlights of Trump’s tax plan.

  • Reduce taxes across the board, with special focus on working and middle-class Americans
  • Ensure the wealthy pays their fair share, but not so much that it’s detrimental to jobs or undermines the ability to compete
  • Eliminate special interest loopholes, make business tax rates more competitive in order to keep jobs in the US, and create new opportunities to revitalize the economy
  • Lower childcare costs by allowing families to fully deduct the average cost of childcare from their taxes

The Trump Plan will increase the standard deduction for joint filers to $30,000, from $12,600, and the standard deduction for single filers will be $15,000. Personal exemptions will be eliminated as will the head-of-household filing status.

In addition, the Trump Plan will cap itemized deductions at $200,000 for Married-Joint filers or $100,000 for Single filers.

Most importantly, Trump’s tax plan will lower personal income taxes and reduce the number of brackets. Under Trump’s plan, our current seven tax brackets will be collapsed into just three.

Lower-income families will end up with an effective income tax rate of zero. According to Trump, a middle-class family with two children would see a tax cut of about 35%.

The proposed income tax rates for a married filing joint taxpayer are as follows:

  • Less than $75,000 – 12%
  • More than $75,000 but less than $225,000 – 25%
  • More than $225,000 – 33%

Tax brackets for single filers will be exactly half of the amounts listed above. This is why there is no more “head of household” or status, nor is there a “marriage penalty.” The single tax brackets are now exactly half of those for married joint filers.

Remember that your first $102,100 will be excluded under the FEIE. So, an expat’s tax bracket will start at 25% and go up to 33% on salary in excess of the Exclusion.

I also note that your bracket begins at 25% and not at 0% or 12%. The excluded $102,100 counts toward your bracket, it doesn’t start at zero as if the income was never earned.

So, someone who earns $200,000 in salary for 2017 will pay 25% on about $100,000 (the amount over the FEIE). If that same person earns $300,000, the first $100,000 is tax free, the second $125,000 is taxed at 25% and the remaining $75,000 is taxed at 33%.

Self employed expats operating through an offshore corporation can manage these taxes by holding income in excess of the FEIE in the corporation as retained earnings. Pay yourself (and your spouse, if possible) the max allowed and retained the balance in your corporation tax deferred.

American expats can eliminate income tax using the Foreign Earned Income Exclusion. There is no such tax break for capital gains. So long as you hold a blue passport, Uncle wants his cut of your passive income.

Trump has suggested he will keep the current long-term capital gains tax rates of 0%, 15%, and 20% but reduce the number of tax brackets from seven to three as described above. Trump’s simplified and consolidated tax brackets, and their corresponding long-term capital gains tax rates are:

Marginal Tax Rate Taxable Income (Single) Taxable Income (Married Joint Filers) Long-Term Capital Gains Rate
12% $0-$37,500 $0-$75,000 0%
25% $37,500-$112,500 $75,000-$225,000 15%
33% $112,500 and above $225,000 and above 20%

DATA SOURCE: WWW.DONALDJTRUMP.COM

It’s also become clear that Trump plans to repeal Obamacare (the Affordable Care Act), and thereby eliminate the 3.8% investment income tax. Under Obama, most investors were paying 23.8% on long term capital gains. Under Trump that will likely go back to 20%.

Nowhere in Trump’s tax plan is a reduction of self employment or payroll taxes mentioned. Therefore, American expats will benefit from incorporating offshore and running their businesses through an offshore company.

You should report your salary on IRS Form 2555 as coming from a foreign corporation to eliminate self employment and payroll taxes of 15%. For more on this, see: How self employment tax works when you’re offshore.

Remember that self employment taxes are not reduced by the Foreign Earned Income Exclusion. The FEIE applies to income taxes paid against your salary. SE tax is not an “income” tax.

The only way for an expat to eliminate SE and payroll taxes is to operate his or her business through an offshore corporation. This trick alone can save you $15,000 a year if you’re single or $30,000 if a husband and wife both work in the business and max out the FEIE.

I hope you’ve found this article on Trump’s tax plan for expats to be informative. For assistance with an offshore corporation or US tax compliance, please contact us at info@premieroffshore.com or call us at (619) 483-1708. 

foreign real estate with my IRA

Can I buy foreign real estate with my IRA?

The number one question I get on offshore IRAs, is “can I buy foreign real estate with my retirement account?”  The answer is a resounding yes. You can buy raw land, a home, condo, office building, or anything else you like outside of the United States within your retirement account.

In fact, you can buy or invest in just about anything offshore. The only limitations on your IRA are found in Section 408 of the Internal Revenue Code. This says you are prohibited from investing in life insurance, collectibles, and certain coins (collectable coins that are not 99.99% pure).  Other than that, you can place whatever you like in your IRA.

Foreign real estate is the most popular investment with our offshore IRA LLC clients. They choose real estate as a way to further diversify out of the US and out of the dollar. To take some cash off the gambling table in the time of Trump and to help grow retirement wealth or turn it into income from rental profits.

There are two ways to buy foreign real estate in your IRA. You can setup a self directed IRA and ask your custodian to make the investment. This is best if you will have only one international investment and don’t want to open a foreign bank account for your retirement account.

The other option is to take your entire retirement account offshore. Get rid of your custodian and take over management of your IRA. Get the entire account out of the United States and under your control.

You can do this by forming an offshore IRA LLC owned by your retirement account. Then this LLC appoints you as the manager and opens international bank accounts at institutions that understand US IRA rules.

The last step is to instruct your custodian to invest your entire IRA into this newly formed offshore IRA LLC. Once the cash is transferred into the IRA LLC bank account, the custodian’s control ends and yours begins.

From here you can buy and sell foreign real estate, trade stocks, buy physical gold, and generally manage the assets of the account for the benefit of your IRA. You are to act as a professional investment manager and “always work in the best interest of the account.”

Once you’re installed as the manager of your offshore IRA LLC, you’re responsible to follow all of the US rules imposed on professional investment managers. This basically means that you can’t personally benefit from your retirement account.

So, you can’t buy a house and live in it, can’t borrow from the account, can’t use IRA funds to pay off an existing or personal mortgage, and can’t combine IRA money with after tax money in one offshore account.

These rules are detailed in IRC Section 4975 and referred to as prohibited transactions. A prohibited transaction is any improper use of an IRA by the account owner or account manager (both of whom are now you), beneficiaries, or any disqualified person.  

Examples of prohibited transactions include:

  • Borrowing money from your IRA
  • Selling your property to your IRA
  • Using your IRA as security for a loan
  • Buying property for personal use

Most of these are self explanatory. I should point out that you are allowed to use loans to by foreign real estate in your IRA. You are just prohibited from pledging your account as collateral for that loan. To put it another way, you can borrow money to buy foreign real estate with a nonrecourse loan. You can’t borrow with a recourse loan that’s guaranteed by the IRA or by you personally.

Above I said that these rules apply to you, beneficiaries and disqualified persons. Disqualified persons are defined in IRC Section 4975(e)(2). Here are the most common disqualified persons:

  • The account owner (obviously)
  • A person providing services to the plan such as an attorney, CPA, real estate agent, investment advisor, etc.
  • A business, corporation, partnership or trust of which you own 50% or more (ownership or control / voting rights)
  • Your spouse, parents, grandparents and great-grandparents, children (and their spouses), grandchildren and great-grandchildren (and their spouses).

The term “disqualified person” does not include siblings (brothers and sisters) or aunts, uncles and cousins of the IRA owner.

With all of those caveats, you are absolutely allowed to by foreign real estate in your IRA. You can do it through a custodian, if you don’t mind having him in control of the property, or setup an offshore IRA LLC to handle the transaction.

I hope you’ve found this article on whether you can buy foreign real estate in your IRA to be helpful. For more information on taking your account offshore, please contact me at info@premieroffshore.com or call us at (619) 483-1708. We have been assisting clients get their accounts offshore since 2002 and will be happy to work with you.

Just remember that there are risks in taking your IRA offshore. You must follow all the IRS rules and act in the best interest of the account. This means you’ll need ongoing support and an incorporator / advisor who’s an expert in these US rules. If you don’t hire Premier, hire someone in the United States. For more on why you need a US expert, see: Risks in Taking Your IRA Offshore.

Trump Travel Ban

Trump’s next travel ban will affect up to 16 million American citizens

Trump’s travel ban prohibiting those from 7 high risk countries from entering the United States for a few months has sparked protests across the country and crocodile tears from Senator Chuck Schumer. This ban affects a relatively small number of foreigners and caught 109 people “in the air,” who were held at US airports for hours on end.

Having been detained at two different airports over my many years of travel, I can relate to their pain. So far, 100,000 US visas have been revoked since Trump’s travel ban and a former Prime Minister of Norway was inconvenienced for a whole hour because he had visited Iran.

No matter your political affiliation, we all feel for those impacted by Trump’s travel ban (maybe not the PM, but everyone else). But these numbers are NOTHING compared to what’s coming for American citizens in 2017!

The Trump IRS will begin revoking or failing to renew the passports of Americans with “significant” tax debts in early 2017. If you owe more than $50,000, your passport can be taken away and you will be prohibited from leaving the United States.

About 16 million Americans, many of them expats, have significant tax debts. Thus, Trump’s 2017 travel ban will affect up to 16 million American citizens. It promises to be the largest travel ban enforced by any country since World War II.

If you owe more than $50,000 to the Federal government, including interest and penalties, your passport and right to travel can be revoked.

Also, the IRS must have made some effort to collect from you. This means that:

  • The IRS has filed a notice of federal tax liens and 90 days has passed without your filing an appeal.
  • The IRS must have attempted to levy your bank account.

It’s not required that an agent contacted or visited you. Nor is it necessary that you actually received the notice of tax lien or levy… just that they were mailed to your last known address.

Both of these collection procedures are automated – handled by IRS computers. Anyone oweing $50,000 or more for over 1 year will have had a lien and levy issued, so anyone with an qualifying tax debt can have their passport revoked.

There are some situations where the IRS is prohibited from collecting from you and from revoking your passport. If your tax debt meets the following tests, you will be exempt from the travel ban. If the debt is:

  • Being paid in a timely manner under  an installment agreement entered into with the IRS,
  • Being paid in a timely manner under an offer in compromise accepted by the IRS,
  • For which a collection due process hearing is timely requested for a levy, or
  • For which collection has been suspended because a request for innocent spouse relief under IRC Section 6015 has been made

In all other cases, if you owe $50,000 or more, you will land on Trump’s next travel ban list.

The process of placing a US citizen on this travel ban list requires that the IRS certify the debt (send a letter) to the State Department by stating that you owe $50,000+ and asking them to revoke or refuse to renew your passport.

When asked to refuse to renew or issue a passport, the State Department will hold the request for 90 days.

During this time you can negotiate with the IRS (not State) and attempt to resolve the debt. Your options are to pay in full, prove the debt is in error, or enter into an installment agreement that’s acceptable to the IRS.

There is no wait period allowing you to resolve your debt before the State Department revokes your passport!

Once your passport is revoked or refused ( the 90 day grace period passes), your ability to negotiate an installment agreement is gone. Your only options are:

  1. Pay the bill in full,
  2. Wait out the 10 year statute of limitations or successfully complete bankruptcy so that the debt is no longer legally enforceable,
  3. Pay the bill down so you owe less than $50,000, or
  4. Prove the debt is in error.

If you’re at risk of losing your US passport, there are two ways to avoid Trump’s travel ban. You can buy a second passport from a country like St. Lucia or Dominica, or you can gain residency in a country like Panama and move there.

It will cost you about $130,000 to buy a decent passport. You can get residency in Panama with an investment of $20,000 if you’re from a friendly nation.

However, both of these options must be completed before you lose your US passport. Once you’re on the travel ban list, no country will grant you residency or citizenship. Also, you will be unable to leave the United States, so there will be no way to complete the application process.

I hope you’ve found this article on Trump’s next travel ban to be helpful. For more information on how to settle your tax debt, to buy a second passport, or to negotiate residency in Panama, please contact me at info@premieroffshore.com or call us at (619) 483-1708.