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US expats: don’t let the IRS put you in a bad mood this tax season

Sure, sorting through tax forms may not be a top priority for many US expats. But is it really worth putting things off when the result could be hefty penalties and huge administrative headaches?

US expats: don't let the IRS put you in a bad mood this tax season
Photo: Pixabay

For many, filing tax US returns is an unpleasant and complicated task under the best of circumstances. And most often, filing from abroad doesn’t make things any easier.

Not only do different rules apply, but even the ‘regular’ rules work in different ways – and keeping track of everything is no easy task.

To help sort through the confusion, The Local has compiled a list of some common tax questions asked by US expat readers.

For answers, we turned to Ines Zemelman, founder and President of Taxes for Expats (TFX) who specializes in American expatriate taxes:

Q: Are there any changes to the tax code that will affect US taxpayers living abroad? Has the incoming administration made any tax promises specifically related to expats?

A: This is certainly a huge topic of discussion. While this is purely conjecture, much of the focus has been on consolidating tax rates into three tiers (from the current seven), elimination of the estate tax, and possible corporate tax changes.

One item that has been discussed but yet not clarified is the possible increase of the standard deduction in conjunction with elimination of personal exemptions. This combination would disadvantage families with children.

Click here to see how TFX can help you

For example, a married couple without children would see a decrease of taxable income by $10,000, while a couple with three children would have a $3,000 increase in taxable income. Currently families with children can deduct $33,000 through standard deductions and personal exemptions, whilst under the new rules they could only deduct $30,000.

Q: I’ve never filed an FBAR, should I be afraid to start? What happens if I keep putting it off?

A: There is absolutely nothing to be afraid of, except inaction. If you are behind on tax returns, FBARs, or other reporting requirements, the IRS has instituted a specific programme to help you get compliant with amnesty from penalties. Our advice is to get compliant ASAP, as the only real risk is that the IRS changes the programme that allows people to avoid penalties by coming clean now.

Q: What's the difference between FATCA and FBAR? What are the consequences of not filing them?

A: They are similar in that they are both informational forms that describe your non-US financial accounts and do not generate any tax due. FBAR is a stand-alone form submitted to the US Department of Treasury and has a minimum filing threshold of $10,000 at any point in time in aggregate across all non-US financial accounts. FATCA (Form 8938) is submitted to the IRS as part of your US tax return and carries higher thresholds which vary depending on your location and filing status. You can learn more here.

Q: Should I file using the Foreign Earned Income Exclusion or the Foreign Tax Credit?

A: If you have children living at home you should consider using the Foreign Tax Credit (FTC), which allows you to claim the child tax credit ($1,000 per child). This credit can’t be utilized using the Foreign Earned Income Exclusion (FEIE). For example – a family with three children living in Germany, and earning €80,000, can get a $3,000 US tax refund with the FTC, but with FEIE they get no refund.

Get more expert tax advice with TFX

For those earning more money, however, the FEIE allows you to exclude up to $100,000 of income, so this option can lead to a lower tax outcome with some financial engineering. It’s also important to bear in mind that, if you utilize FEIE, and then choose not to, you cannot utilize it again for five years, so planning ahead is key.

Of course, it’s always wise to consult with a qualified expat tax professional to help determine which option is best for you.

Q: I’m looking to sell the home I purchased abroad. What are the US tax implications?

A: The tax implications are the same as if you owned property in the US: selling property abroad is a reportable item and the income must be reported on your US tax return. There may also be capital gains tax if you make a gain on the sale, but there are mitigating factors in place that allow you to exclude up to $250,000 of gains if the house was your primary residence.

Don’t fear the IRS. Let TFX handle it

You should also keep all records of money spent on home improvement, which can help raise the cost basis of your home. And the purchase of a home is not a reportable item in the year when the purchase occurred, however purchase-related expenses will be accounted for at the time of property sale.

Q: I've left my job and am now self-employed and living abroad. What do I need to do differently when I file taxes in the US as someone who is self-employed?

A: The biggest difference is that self-employed individuals may be liable for SECA (Social Security and Medicare) taxes. If you live in a country that has a totalization agreement with the US then you have the option to just pay into one system. If you live in a country that does not have one then you may face double taxation as you are required to pay into the US Social Security system and result in a 15.4 percent tax hit.

Q: I haven't filed a US tax return in years. What are the risks if I start filing now?

There is always a risk of getting audited when filing a tax return (roughly 2 percent of returns are audited annually), however the bigger, and far more realistic risk is failure to file penalties and FBAR penalties if you are under investigation by the IRS. Once an examination is underway, you would be ineligible for the amnesty programmes discussed above and at risk for draconian penalties. We strongly recommend to utilize the IRS’ olive branch and get into compliance right away.

Q: My local, non-American bank asked me to tell them whether or not I am a US citizen. What are the risks of sharing or withholding this information with my bank?

A: If you are a US citizen with a non-US bank account, the ‘FATCA Letter’ from your bank may come sooner or later because the local banking regulators are cracking down on them. You can either provide them with the information they want (simply that you are a US citizen and that you are up to date on your US tax returns), or you can risk having them close your account.

Remember – FBAR and FATCA do not carry tax implications – they are simply informational forms declaring your non-US financial accounts so that governments can track the flow of money and prevent money laundering. It’s best to use the streamlined foreign offshore programmes to get compliant without fear of penalties.

Still have questions? Click here to register with TFX for expert tax advice for US expats.

This article was produced by The Local and sponsored by Taxes for Expats (TFX).

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How to opt out of Norway’s PAYE scheme for foreign workers

Most foreign workers are put into Norway’s PAYE scheme automatically. However, it may be better to opt out of the scheme - something you can do up to three years after being put into it.

How to opt out of Norway’s PAYE scheme for foreign workers

Norway has a tax scheme for new arrivals. Most new foreign workers are sorted into the PAYE (Pay As You Earn) tax scheme by default.

The scheme has a flat tax rate of 25 percent and aims to simplify the process for new arrivals.

READ MORE: What foreigners need to know about Norway’s PAYE tax system

This scheme is instead of Norway’s typical tax for employees, which encompasses a flat rate for 22 percent for everyone and then a progressive tax based on earnings.

The progressive portion, called the bracket tax, ranges between 1.7 and 17.5 percent. Those in the PAYE scheme do not pay bracket tax.

Therefore, in some cases, you will pay less tax than if you were in the regular scheme.

As the PAYE scheme is voluntary, you can opt out of it.

There are several reasons why someone would wish to opt out of the scheme. For starters, while it may seem that you are paying less tax than if you were paying a mix of bracket and flat income tax, this might not be the case.

This is because employees in Norway are also deducted social security contributions from their salary.

That means that in some cases, once social security is added to the mix, you pay more tax as a member of the PAYE system.

The Norwegian Tax Administration uses figures on its website to illustrate different tax schemes.

If you were to have a salary of 120,000 kroner after six months in Norway you will have paid 30,000 including social security contributions under the PAYE scheme compared to 17,920 kroner under the regular scheme.

Were you to earn 240,000 kroner you will have paid 60,000 kroner in tax, including national insurance contributions, under the PAYE scheme compared to 58,399 under the general income tax rules, plus national insurance contributions.

Those who are set to earn 270,000 kroner over six months would pay 67,500 kroner under the PAYE scheme, compared to 68,599 through the regular tax and national insurance scheme.

Therefore, there are some cases where choosing to be taxed under the general rules will result in lower tax payments.

The Norwegian Tax Administration has an online calculator that lets people work out how much tax they will pay. This allows you to determine whether it will be better for you to be in the general scheme or the PAYE scheme.

Some workers, such as those who earn more than 670,001 kroner, must pay tax under the general tax rules and are not eligible for the PAYE scheme.

Another factor could be potential deductions. You cannot make deductions for things such as childcare, interest paid on loans, union membership, or charitable donations on the PAYE scheme.

This means that you may be better off under the general tax scheme when you account for deductions.

How to opt out of the PAYE scheme

You can opt out of the PAYE scheme up to three years after you entered it. Therefore, if you were in the scheme in 2024, you can opt out by the end of 2027, and your tax contributions will then be recalculated.

The reason why you will have three years is because tax reutrns in Norway can be edited up to three years later.

To opt out of the PAYE scheme, you will need to log in electronically. For this, you will need an electronic ID, such as BankID or Commfides.

It is also possible to send in the form on paper. You must download and complete the RF-1209 form and send it to the tax administration.

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