Practical International Tax for the Non-Specialist #2: Case Study – US Person Earning Foreign Income and then Transferred to Foreign Subsidiary.

Course Access: Lifetime
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Course Overview

As a boutique international tax firm, we’re finding international tax issues arising for individuals and companies of all sizes. Many of them never thought they’d have any cross-border activities. As many of our clients are CPA and law firm across the US, we thought it might be helpful to do a series of discussions on International Tax for the Non-Specialist. They are overviews designed to assist practitioners identify issues. The overview dive into some level of detail, but we envision separate sessions to more fully explain various technicalities.

This discussion is a case study and #2 in the series following: #1 on tax residency and foreign financial account disclosures [FBAR / FinCen 114 / Form 8938]. The primary focus is on a US person being transferred to a foreign affiliate and the important US and foreign tax and non-tax issues that should be addressed, ideally prior to the transfer. This includes, but is not limited to:

  1. The foreign earned income and housing exclusions of Internal Revenue Code Section 911. How does one qualify; what are the benefits; why claiming the exclusions is not always the best answer. Form 2555.
  2. When can the host country tax income and why we care? There is a brief tax treaty discussion.
  3. What is a Secondment agreement?
  4. Does the employee still contribute to (or desire to) a US 401(k) or other retirement plan?
  5. Does the employee still have to file a state tax return in the US?
  6. What about social security?

The presentation begins with an introductory discussion and examples of a US person generating income from outside the US, including a foreign tax credit example and a discussion of Value Added Tax (VAT).

 

Course Key Concept: Foreign earned income and housing exclusions, Section 911, Form 2555, Expat assignment, Secondment VAT, Foreign tax credit, Residency, Green Card, International tax, Global tax, Tax treaty, Certificate of coverage, Bona fide resident, Physical presence test.

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