U.S. citizens and Green Card holders who are living and working abroad understand the overwhelming stress that takes over around tax season. Filing taxes abroad is known to be complicated, and it is only made more complex when individuals realize that in addition to U.S. taxes, they also must figure out what local taxes they’re responsible for. Many individuals will spend weeks working on gathering the necessary information and preparing their tax returns to ensure compliance with IRS requirements. This difficult process can be made simpler with our team of expat tax attorneys, who are here to help you make this tax season your easiest yet.
Our team of attorney-CPAs can work with you to file your expat taxes, offering a unique skill set that combines the knowledge of a tax attorney with the expertise of a CPA. When working with an expatriate tax attorney at our firm, you can expect:
Our team brings together CPAs and tax attorneys under one roof, allowing us to provide you with expertise and savings that other firms cannot offer. Our value proposition is to bring the expertise of a Big 4 accounting firm together with the personal care and attention to detail of a small accounting firm. We value transparency and responsiveness, and we are excited to welcome new clients and show them the value that Evolution Tax and Legal can offer.
Our team of expatriate tax attorneys offers a wide variety of expat tax services, including:
The United States is one of only a few countries worldwide that taxes based on citizenship, regardless of an individual’s country of residence. As such, any U.S. citizen or Green Card holder is required to file a federal income tax return, even if they live and work abroad. In some situations, where an individual has certain financial ties to a U.S. state, they will be required to file a state income tax return as well.
U.S. citizens will be required to pay income taxes on both earned and passive income they have accrued throughout the tax year if they meet a certain threshold. This includes any wages earned, any income earned from investments, rental properties, and retirement plan payments, as well as reporting information from foreign accounts and foreign assets.
The U.S. has worked with 68 countries worldwide to put treaties in place to help residents and citizens avoid double taxation. The purpose of these treaties is to provide guidelines to citizens and residents of both countries as to which country certain taxes should be paid to. Reviewing the tax treaty for your country of residence with a tax professional will help ensure you understand which taxes are required to be paid to your country of residence and which taxes will be paid to the IRS. These treaties can be riddled with intricacies, which is why working with our team can help make the process less complicated for you and ensure compliance.
Expatriate taxes follow a similar timeline to tax filings completed in the United States. The tax year follows the calendar year, starting on January 1 and ending on December 31. Taxes will be filed in the following year. Taxpayers must pay all taxes by April 15, but expatriates get an extension on filing their tax return. Expats must file their tax returns and any additional forms by June 15 in order to comply with the IRS guidelines.
It is highly likely that, as an expatriate living and working abroad, you will hold some amount of money in a foreign bank account. Whether this is an account in your country of residence or an offshore account, you may need to file a form to share this information with the IRS. Any individual who holds more than $10,000 at any point throughout the year in a foreign or offshore account is required to file an FBAR, which is a form that helps the IRS ensure tax compliance with individuals who hold money outside the United States.
The FBAR, or Foreign Bank Account Report, is to be filed alongside the federal income tax return each year. Along with the FBAR, you will be required to file FinCEN Form 114. Both of these forms are due by April 15, along with your income tax return, but similar to the income tax return, individuals are given an automatic extension to October 15 to file these forms. If the deadline is missed due to taxpayer negligence, financial penalties could be incurred.
Individuals who hold more than $50,000 in foreign assets or property at any point throughout the tax year will be required to file Form 8938, the Statement of Specified Foreign Financial Assets. This form is to be filed with the federal income tax return and is required by the IRS to help the government keep track of foreign assets held by U.S. citizens and Green Card holders.
If you do not meet the income tax filing requirement but still hold more than $50,000 in foreign assets, it is not required for you to file Form 8938. It is important to consult with a tax attorney prior to deciding not to file any foreign tax forms, as penalties for failure to file can be costly.
U.S. citizens and Green Card holders who hold money in offshore accounts or foreign bank accounts and own foreign assets have certain obligations to disclose information to the IRS. Though filing requirements may vary depending on the individual situation, the general rule of thumb to follow is: If you hold more than $10,000 at any point throughout the tax year in an offshore or foreign bank account, you are required to file an FBAR. If you hold more than $50,000 worth of foreign assets at any point throughout the year, you are required to file FATCA. Ensuring compliance with these forms will help you avoid any of the costly penalties that can come with failure to file or delinquent filing.
There are a few common mistakes that our team notices when reviewing expatriate taxes that are worth taking note of. These mistakes include:
These mistakes, while they may seem small, can be extremely costly. To optimize your tax payments and avoid making simple mistakes, work with a tax professional to create a tax plan and seamlessly file your tax return.
The biggest tax mistake you can make as a U.S. citizen living and working abroad is failing to file taxes at all. There are significant penalties for individuals living and working abroad who fail to file or have delinquent filings. These include hefty penalties and potential prosecution.
Neglecting to file your income tax return on time can result in three different types of penalties, depending on your situation. Failure to file is the most costly penalty and will result in a fine of 5% of the amount of money you failed to file taxes on, with an additional 5% penalty added for each month that you failed to file. The maximum penalty is 25% of the taxes you owe, as well as paying the full amount of taxes. Failure to pay is lower in comparison, but still costly. This results in 0.5% being owed, and this also increases by 0.5% monthly, but this penalty can also add up over time if a taxpayer does not take steps to get back into compliance with taxes. The third type of penalty will be missed payments, which will accrue interest over time. Failure to file a FATCA or FBAR results in even more costly penalties. Failure to file FATCA can result in a $10,000 fine, and failure to file FBAR can result in a maximum of an $87,000 fine.
Ensuring compliance with expat taxes is important to avoid these unnecessary penalties. Working with an expat tax attorney can be a seamless and easy way to make sure all necessary filings are done on time and properly.
The Santa Clarita expat tax lawyers at Evolution Tax and Legal have the experience and knowledge to cover any and all of your international tax needs. Contact our team today to begin the process and make your tax season a breeze.
I’ve been going to Alton Moore Esq./CPA at Evolution Tax & Legal for my taxes for a couple years now and as a small business owner, I would highly recommend him. He and his team are knowledgeable, professional, and the best tax specialists in California. I cannot thank him enough for all his help and tax expertise
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