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How Residency Status will affect your US Taxes and an Expat?
Use our US residency status questionnaire to determine your residency status and identify your eligible tax credits and deductions.
Residency Status Questionnaire
Standard Deductions as an American Living Abroad
The standard deduction is a fixed amount designed to cover basic living expenses and helps lower-income individuals by reducing their taxable income.
How does Residency Status affect Standard Deduction eligibility?
As a U.S. expat, your eligibility for the standard deduction depends on your residency status. US Residents (Citizens and Green Card holders) can claim the standard deduction, while non-residents generally cannot.
When can a non-resident claim the Standard Deduction?
Due to Article 21 of the U.S.A - India Income Tax Treaty, Indian students and business apprentices might be eligible under a specific tax treaty.
Standard Deduction vs. Itemized Deduction for US Citizens Living Abroad
When the itemizable deductions do not exceed the standard deduction threshold, using the standard deduction can be favoured for simplicity. However, if the standard threshold is breached, deductions must be itemised.
Itemised Deductions for Americans Living Abroad
Itemised deductions reduce taxable income by specific expenses, which is beneficial if total itemised expenses exceed the standard deduction for your filing status.
Here are some examples of itemizable deductions available to US expatriates
Medical and Dental Expenses
Qualifying medical and dental expenses, including those for diagnosis, treatment, and prevention, can be deducted if they exceed 7.5% of your adjusted gross income (AGI). Foreign health insurance premiums may also be deductible.
State and Local Taxes
State and local income taxes and real estate and personal property taxes are deductible up to a maximum of $10,000 ($5,000 if filing separately). Foreign state or local taxes are not eligible for this deduction.
Mortgage interest
Mortgage interest on primary and second homes, including foreign properties and lenders, is deductible. Limits are $750,000 ($375,000 if married filing separately) for loans after December 15, 2017, and $1 million ($500,000 if married filing separately) for earlier loans.
Charitable Contributions
Donations to IRS-recognised US organisations are deductible, usually up to 60% of AGI. Foreign charity donations are typically not deductible unless IRS-recognized.
Casualty and Theft Losses
Casualty and theft losses are generally not deductible, except for those in federally declared disaster areas. Since these areas are only within the USA, losses outside the US do not qualify for this exception.
Miscellaneous Deductions
Most miscellaneous deductions are suspended until 2025. Exceptions include unreimbursed expenses for Armed Forces reservists, performing artists, and fee-basis officials, as well as certain gambling losses, impairment-related work expenses, and repayment of prior income.
Adjusted Gross Income (AGI) Calculator
Your AGI is essential for calculating certain deductions. Use our AGI calculator for a general calculation
How Retirement Contributions Reduce U.S. Taxes for Expats
Retirement contributions can reduce your U.S. tax liability as a U.S. expatriate, but this depends on various factors. Contributions to most foreign retirement plans are not deductible on your U.S. tax return.
The e-filing process consists of four simple steps:
Traditional IRA Contributions
Traditional IRA contributions are made with pre-tax dollars, lowering taxable income and providing immediate tax savings. Growth is tax-deferred until withdrawal, taxed at lower rates if you retire in a country with lower taxes. U.S. expats can contribute if their earned income is not excluded by the Foreign Earned Income Exclusion (FEIE).
401(k)s
401(k) contributions are made with pre-tax dollars, reducing your taxable income. Withdrawals are taxed, potentially at a lower rate, if you retire in a lower-tax country. U.S. expats employed by a U.S. or foreign company offering a 401(k) can contribute under the same rules as U.S. residents.
Roth IRAs
Roth IRA contributions, made with after-tax dollars, don’t reduce current taxable income but offer tax-free withdrawals in retirement. U.S. expats can contribute if their earned income isn't excluded by the Foreign Earned Income Exclusion (FEIE). Using the Foreign Tax Credit (FTC) instead of FEIE allows higher contributions by keeping more income taxable in the U.S.
Self-Employment Contributions
Self-employed U.S. expats can reduce their taxable income by contributing to a solo 401(k) or SEP IRA. These contributions are deductible from income, providing immediate tax savings.
Education-Related Deductions and Credits for US Expatriates
You qualify for various education-related tax deductions and credits as a U.S. expatriate
American Opportunity
Tax Credit
The American Opportunity Tax Credit (AOTC) offers up to $2,500 for the first four years of higher education. AOTC have income limits based on MAGI, but the Foreign Earned Income Exclusion (FEIE) doesn't affect MAGI. These credits are for U.S. citizens, resident aliens, and some non-resident aliens married to U.S. citizens or resident aliens. Non-resident aliens usually can't claim these credits.
Lifetime Learning
Credit
The Lifetime Learning Credit provides up to 20% of qualified education expenses. It is non-refundable and available for all post-secondary education levels. It phases out based on income thresholds for single and joint filers. The foreign-earned income exclusion does not affect the income limits for this credit.
Student Loan
Interest Deduction (Up to $2,500)
The student loan interest deduction is available to U.S. citizens and resident aliens, including expatriates—eligibility phases out at higher MAGI levels. Residency status doesn't impact eligibility, but using FEIE or FTC affects MAGI. Non-resident aliens are generally not eligible, except those electing to be treated as resident aliens for tax purposes.
Coverdell Education
Savings Account Contributions
Contributions to 529 Plans and Coverdell ESAs are not deductible, but earnings grow tax-free, and withdrawals for qualified education expenses are tax-free. Coverdell ESA contributions are limited to $2,000 per year per beneficiary.
Accidentally failed to Comply
You can appeal if you’ve accidentally or non-willfully fallen behind on your taxes. The streamlined filing procedure can help you catch up and avoid excessive penalties or interest. For detailed information, refer to our streamlined filing procedure resources. For support, get in touch with us.
Health-Related Deductions and Credits for US Expats
Filing your first US tax return, especially when considering deductions
Health Savings Account (HSA) Contributions
HSA contributions may be tax-deductible if you have a qualifying high-deductible health plan (HDHP) and are not enrolled in Medicare. Residency status can affect HDHP qualification.
Flexible Spending Account (FSA) Contributions
FSAs are usually offered through U.S. employer-sponsored plans. While living abroad, you may still contribute if you work for a U.S. employer. FSA funds must be used for IRS-defined qualified medical expenses, but not all overseas costs may qualify.
Premium Tax Credit
The Premium Tax Credit helps pay for health insurance bought through the Health Insurance Marketplace. Expats who don't reside in the U.S. typically don't use the Marketplace and thus aren't eligible for this credit.
Medical and Dental Expenses Deduction
If you itemise deductions, you can deduct medical and dental expenses exceeding 7.5% of your adjusted gross income. This applies to all U.S. taxpayers, regardless of residency, but only for qualified expenses.
Self-Employed Health Insurance Deduction
Self-employed individuals can deduct health insurance premiums for themselves and dependents, regardless of residency, if they have a net profit and the plan is business-established.
Family and Dependent Deductions and Credits
Child Tax Credit
To qualify for child tax credit, the child must have a valid Social Security number, be under age 17 at the end of the tax year, and meet other requirements. The credit can be up to $2,000 per qualifying child, with up to $1,400 being refundable as the Additional Child Tax Credit (ACTC)
Dependent Care Credit
The Dependent Care Credit offsets work-related care costs. You can claim up to $3,000 for one dependent or $6,000 for two or more, with a credit of 20% to 35% based on income. To qualify, you must pay for care while working or job hunting. The provider can be outside the U.S., but earned income is required.
Earned Income Tax Credit (EITC)
The Earned Income Tax Credit (EITC) aids low-to-moderate-income workers, varying by income and number of children from $600 to over $7,000. It is refundable but generally unavailable to U.S. expats, as it requires living in the U.S. for over half the year.
Adoption Credit (Up to $15,950)
The adoption credit is for children under 18 or those physically or mentally unable to self-care. It covers adoption fees, court costs, attorney fees, and related expenses. If the credit exceeds your tax liability, you can carry it forward for up to five years.
Adoption Credit (Up to $15,950)
To use a Dependent Care FSA, you need earned income and eligible expenses for a qualifying child's care, such as daycare and babysitters, even if the provider is outside the U.S. Contributions are pre-tax, reducing taxable income. Still, you can't claim the Child and Dependent Care Credit on these expenses. The Foreign Earned Income Exclusion may reduce FSA eligibility by lowering earned income.
Key Homeowner Deductions for US Expats
US expatriates can benefit from several homeowner deductions and tax credits, though these depend on residency status, property location, and other factors.
Mortgage Interest Deduction
You can deduct mortgage interest on your primary residence and one additional home in the US or abroad. To qualify, you must itemise deductions on your US tax return. The deduction is limited to mortgage debt up to $750,000 for loans taken after December 15, 2017, or $1 million for older mortgages.
Property Tax Deduction
If you itemise deductions, you can deduct state, local, and foreign property taxes on your primary and secondary residences. The total deduction for state and local taxes, including property taxes, is capped at $10,000 ($5,000 if married filing separately).
Mortgage Insurance Premiums Deduction
If you itemise deductions, you can deduct mortgage insurance premiums for home acquisition debt on a primary or secondary residence. This deduction is subject to income phase-out thresholds.
Energy-Efficient Home Improvement Credit
The Energy-Efficient Home Improvement Credit provides tax credits for upgrades like windows, doors, insulation, roofs, HVAC systems, and water heaters. It's available for US homes and covers a percentage of improvement costs, with limits on the total credit amount.
Points Paid on a Mortgage Deduction
You can deduct points paid on a mortgage in the year they are paid if used to purchase or improve a primary residence, provided you itemise deductions. Points must be a percentage of the loan amount, subject to certain conditions.
Capital Gains Exclusion on Home Sale
You can exclude up to $250,000 ($500,000 for married couples filing jointly) of capital gains on the sale of your primary residence if you've owned and lived in the home for at least 2 of the last five years. This exclusion can be claimed once every two years.
How can you confirm your payment has been received?
Check Your IRS Account: After making a payment, verify that it has been recorded by checking your online account. It should reflect the recent payment under the correct tax year.
Home Office Deduction (For Self-Employed Individuals)
Self-employed individuals can deduct home office expenses if the space is used exclusively for business and is the principal place of business or a meeting place for clients. This applies to US and foreign homes. Mixed-use spaces don't qualify. Deductible expenses can include a portion of rent.
Investment-Related Deductions and Credits for Expatriates
Investment-related deductions and credits for US expats depend on residency, location, and income source. Key factors include foreign tax credits, qualified dividends, capital gains, and FBAR/FATCA reporting.
Capital Loss Deduction
US expatriates can deduct up to $3,000 ($1,500 if married filing separately) of net capital losses against other income annually. Excess losses can be carried forward indefinitely. Foreign investment losses are included. Capital losses first offset gains of the same type, and any remaining loss reduces other taxable income up to the annual limit.
Qualified Dividend Income
Dividends paid by a US corporation or a qualified foreign corporation must qualify. You must hold the stock for more than 60 days during the 121-day period that begins 60 days before the ex-dividend date. For preferred stock, the holding period is 90 days within 181 days. Qualified dividends and long-term capital gains from US or qualified foreign corporations are taxed at reduced rates, regardless of residency status. To qualify, you must meet the IRS holding period and other requirements.
Foreign Investment Income
Foreign investment income is subject to US taxes and possibly foreign taxes. You must report all global income on your US tax returns. You may qualify for the Foreign Tax Credit (FTC) to avoid double taxation.
Passive Foreign Investment Company (PFIC) Rules
Passive Foreign Investment Company (PFIC) rules apply to US persons owning shares in foreign mutual funds or specific foreign corporations. These rules enforce strict reporting and tax requirements, regardless of residency, often resulting in complex tax treatment and higher taxes.
Capital Gains Tax
Capital gains from selling investments are subject to US taxes for all US citizens and resident aliens and can be offset by capital losses. Non-residents are generally exempt unless the gains are connected to a US trade or business or involve US real property.
IRA and Retirement Account Contributions
US expatriates can contribute to IRAs and retirement accounts if they have earned income, but the foreign-earned income exclusion may limit contributions and are subject to annual contribution limits.
Tax Optimisation Strategies for US Expatriates
Tax optimsation for US exptriates involves careful planning and understanding US and foreing tax laws
The FEIE allows U.S. expats to exclude up to $120,000 of foreign-earned income from their U.S. taxable income, adjusted annually for inflation. This exclusion helps prevent double taxation, as many expats already pay taxes in the foreign country where they reside. Expats can significantly lower their U.S. tax liability by reducing the amount of income subject to U.S. taxes.
FTC reduces U.S. tax liability by the amount of foreign income taxes paid, preventing double taxation. The tax must be an income tax or equivalent. Unused credits can be carried back one year or forward up to ten years. Strategic planning is crucial to deciding whether to use the FEIE, FTC, or both, as the FEIE reduces taxable income while the FTC reduces tax liability.
The Foreign Housing Exclusion or Deduction allows U.S. expats to exclude or deduct certain housing expenses abroad, reducing taxable income. Employees can exclude, and self-employed individuals can deduct, expenses like rent and utilities above a base amount. This benefit can be combined with the FEIE to maximise tax savings.
Totalisation Agreements prevent dual social security taxation for U.S. expats by determining which country's system covers them. Short-term assignments (up to five years) remain under U.S. coverage, while longer ones may switch to the foreign country's system. To benefit, expats must obtain a certificate of coverage from the appropriate authority.
Deferring income lets ex-pats delay tax payments, benefiting those expecting lower future tax rates or favourable tax law changes. Typical deferred incomes include bonuses, stock options, and retirement contributions. However, this doesn't defer foreign taxes, so expats must consider their resident country's tax laws to avoid unexpected liabilities.
Contributing to specific offshore retirement plans can allow for tax deferral, meaning investment growth within these plans can often accumulate tax-free until distributions are taken. However, offshore retirement plans must comply with U.S. tax laws, including mandatory reporting requirements to the IRS, such as FATCA and FBAR filings.
Maximising contributions to tax-advantaged retirement accounts, such as IRAs, 401(k)s, or foreign equivalents, reduces taxable income and enables compound growth. Employer-sponsored plans often offer matching contributions, enhancing retirement savings. Be aware of the tax treatment of contributions and distributions in your country of residence to avoid unexpected liabilities.
State tax planning helps US expatriates save money by establishing residency in no-tax or low-tax states, reducing or eliminating state income taxes. Timing the move before going abroad minimises tax liability, while proper documentation and adherence to domicile rules prevent audits and back taxes. Utilising state-specific provisions, part-year residency status, and understanding income sourcing and retirement income tax treatments further optimise savings. Overall, strategic state tax planning significantly reduces the tax burden for US expatriates.
Tax-loss harvesting helps US expatriates save money by offsetting capital gains with losses, reducing taxable gains. Excess losses can be deducted up to $3,000 from ordinary income annually and carried forward to future years. This strategy optimises tax brackets and enhances tax efficiency across US and foreign investments. Compliance with the wash-sale rule ensures losses remain deductible, maximising tax savings.
Charitable contributions help US expatriates save on taxes by reducing taxable income through deductions. Combining donations with other itemised deductions can maximise tax savings. Donating appreciated assets avoids capital gains taxes and allows full-value deductions. Contributions to US-recognized foreign charities ensure deductibility. Employer matching programs further enhance deductions, effectively lowering the overall tax burden.
Bunching deductions helps US expatriates save on taxes by grouping multiple years' deductible expenses into one year to exceed the standard deduction. This includes timing charitable donations, accelerating medical expenses, and prepaying property taxes, allowing for optimised itemised deductions and reduced taxable income.
Civil Partnerships and Marriage Benefits for US Expats
The Benefits of Married Filing Jointly for Expats
Married Filing Jointly saves US expatriates money by combining incomes, which allows for a higher standard deduction, lower tax brackets, and eligibility for additional credits. This approach reduces taxable income and overall tax liability while simplifying tax reporting.
Spousal IRA Contributions as a US Expat
Spousal IRA contributions let a working spouse fund an IRA for a non-working spouse, reducing taxable income, maximising retirement savings, and benefiting from tax-deferred growth, which leads to tax savings.
Tax-Free Gifts with the Annual Gift Tax Exclusion
The Gift Tax Exclusionfor US expat married couples allows gifting up to $32,000 per recipient annually tax-free. This reduces taxable estate, avoids gift tax penalties, and minimises future estate taxes, leading to significant tax savings.
Health Insurance Premiums
Health insurance premiums save married US expatriates money by allowing tax deductions if itemising, reducing taxable income with pre-tax dollars through employer plans or HSAs, and qualifying for tax credits like the Premium Tax Credit.
Joint Property Ownership
Joint property ownership saves US expatriates money by sharing deductions for mortgage interest and property taxes, splitting rental income to lower tax rates, and simplifying estate transfers to reduce taxes.
Innocent Spouse Relief
Innocent Spouse Relief shields US expatriates from tax liability for errors made by their spouses, saving them from paying taxes, penalties, and interest if they were unaware of the issues.