Federal law requires U.S. citizens and resident aliens to report their worldwide income, including income from foreign trusts and foreign bank and other financial accounts.
Limit on excludable amount
The maximum foreign earned income exclusion amount is adjusted annually for inflation. For tax year 2023, the maximum foreign earned income exclusion is the lesser of the foreign income earned or $120,000 per qualifying person. For tax year 2024, the maximum exclusion is $126,500 per person.
First, you cannot claim a foreign tax credit or a foreign tax deduction on the income you exclude. Generally speaking any credit or deduction that you normally would be allowed to take cannot be taken on the excluded income (IRS frowns on double-dipping). Second, you will not be eligible for the earned income credit.
If the IRS mails you a notice about failing to file a Form 3520-A and you don't file the form within 90 days, an additional continuation penalty of $10,000 for each 30-day period after the 90-day period has expired may apply.
U.S. citizens and resident aliens must report all income, including foreign income, to the IRS. If certain criteria are met, you may qualify to exclude some foreign-earned income from your tax return.
It is important to ensure that this form is filed as required, as the penalties are onerous, $25 per day for failing to file a return (minimum $100, maximum $2,500) and $500 per month for knowingly not filing or for gross negligence, to a maximum of $12,000.
Expats can use the FEIE to exclude foreign income from US taxation. For the entire tax year 2024, the maximum exclusion amount under the FEIE is $126,500. To qualify for the FEIE, you must meet the standards of the physical presence test or the bona fide residence test.
For example, income you receive for work done in France is income from a foreign source even if the income is paid directly to your bank account in the United States and your employer is in New York City. If you receive a specific amount for work done in a foreign country, report that amount as foreign earned income.
You can revoke your choice for any tax year. You do this by attaching a statement that you are revoking one or more previously made choices to the return or amended return for the first year that you do not wish to claim the exclusion(s). You must specify which choice(s) you are revoking.
Americans who receive financial gifts from foreign loved ones won't have to pay taxes on the transfer. However, if you yourself sent funds to an American while abroad, you might. Recipients of foreign inheritances typically don't have a tax liability in the United States.
For tax year 2025, the foreign earned income exclusion increases to $130,000, from $126,500 in tax year 2024. Estate tax credits. Estates of decedents who die during 2025 have a basic exclusion amount of $13,990,000, increased from $13,610,000 for estates of decedents who died in 2024.
However, you may qualify to exclude your foreign earnings from income up to an amount that is adjusted annually for inflation ($107,600 for 2020, $108,700 for 2021, $112,000 for 2022, and $120,000 for 2023). In addition, you can exclude or deduct certain foreign housing amounts.
Taxpayers may have to pay a penalty if they're required to file a return but fail to do so. If they willfully failed to file a return, they may also be subject to additional fines and possible criminal prosecution.
There are various ways to mitigate corporate double taxation, such as legislation, structuring an organization into a sole proprietorship, parentship, or LLC, avoiding the payment of dividends, and shareholders becoming employees of the businesses they own.
The US is one of the few countries in the world that taxes citizens regardless of where they live and work. Because of this, when a US citizen moves to another country with an income tax, they will have to report their income to both governments and face double taxation. This applies to “accidental Americans” as well.
All foreign earned income (for the individual taxpayer) should be combined on to one Form 2555. Up to two Forms 2555 can be e-filed per return, one for each taxpayer. Note. Once you choose to exclude your foreign earned income, that choice remains in effect for that year and all later years unless you revoke it.
California doesn't enforce a gift tax, but you may owe a federal one. However, you can give up to $19,000 in cash or property during the 2025 tax year and up to $18,000 in the 2024 tax year without triggering a gift tax return.
To benefit from the foreign earned income exclusion, the taxpayer must meet one of the following criteria: Works full time in a foreign country for an entire calendar year—known as the Bona fide residence Test. Works outside of the United States for at least 330 of any 365 day period—known as the Physical Presence Test.
Taxpayers who don't owe tax or are owed a refund
Taxpayers sometimes fail to file a tax return and claim a refund for these credits and others for which they may be eligible. There's no penalty for filing after the April 15 deadline if a refund is due.
Tax treatment of nonresident alien
If you are a nonresident alien engaged in a trade or business in the United States, you must pay U.S. tax on the amount of your effectively connected income, after allowable deductions, at the same rates that apply to U.S. citizens and residents.
FATCA requires reporting foreign financial assets on Form 8938, separate from the FBAR. Failing to file Form 8938 can result in a $10,000 penalty, with an additional $10,000 added for each month the failure continues, up to a maximum penalty of $50,000.
One of the main catalysts for the IRS to learn about foreign income which was not reported is through FATCA, which is the Foreign Account Tax Compliance Act. In accordance with FATCA, more than 300,000 FFIs (Foreign Financial Institutions) in over 110 countries actively report account holder information to the IRS.
Recognizing the need to curb black money, a comprehensive law 'The Black Money Act' was introduced in 2015. With the new law, it is now mandatory to disclose foreign assets and income in your income tax return to avoid tax evasion and enhance transparency in cross-border transactions.