The
Foreign Earned Income
Exclusion provides a
huge tax break for some
self-employed people
having moveable trades
or businesses. The Exclusion
is also a great break
for employees who have
jobs involving extended
assignments overseas
and who aren’t required
to spend a lot of time
in the corporate offices.
U.S. citizens working and residing for nearly a full year in a foreign country
may exclude up to $80,000
of their earned income
or self-employment
earnings from U.S.
taxes. But to the extent
the foreign country
where the individual
resides imposes tax
on income earned, this
is certainly not a
way to entirely avoid
taxes. The key is whether
the country in where
you reside and work
imposes substantially
less taxes than what
would have to be paid
in the U.S. And, in
a few cases, individuals
may be able to create
a job for themselves
in a tax haven country
where there is no tax
on their earnings.
For
example, a couple who
are s self-published
writers relocated for
two years to the Bahaman
Islands. Their publishing
business was a U.S.
corporation that continued
to publish and sell
their books and newsletters.
While they worked in
the Bahamas, they each
were receiving compensation
of $70,000 a year for
the two years they
were in residence.
The salaries were deductible
by the corporation
the same as when the
couple worked in the
U.S. After accumulating
nearly $280,000 of
tax free earnings,
they returned to the
U.S.
The
pre-1997 law permitted
U.S. citizens working
and living abroad to
exclude up to $70,000
a year of earnings
from U.S. taxes each.
This has now been increased
by $2,000 a year for
each year from the
years1998 through 2002.
In 2002, the exempt
amount became $80,000
per year. After the
year 2002, the amount
was to be indexed for
inflation.
This
exclusion, which is
an alternative to the
foreign tax credit,
is better choice for
those working in high
tax foreign countries.
The exclusion is even
more beneficial for
those who work in low
tax countries.
What’s
more, it isn’t required
that an individual
reside for the entire
time in the same foreign
country. He can move
from country to country.
The requirement is
that he lives and works
abroad for at least
330 days out of each
year in order to qualify
for the full exclusion.
Time that is spent
traveling between countries
is counted as time
spent working in a
foreign country. The
Foreign Earned Income
Exclusion is only available
after a U.S. citizen
has resided offshore
for a period of at
least 330 days out
of any full year, after
which the exclusion
becomes available for
portions of a year
spent working offshore.
It
should be noted, however,
that any other income
realized or earned
while working overseas
is still subject to
U.S. taxes. Any earnings
in exceeding the exclusion,
such as capital gains,
interest, dividends,
royalties, etc., is
subject to U.S. taxes.
If
you would like more
information regarding
asset protection, trusts,
family limited partnerships
or the subject of this
article please call
or email our office.