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Foreign Assignment: What About Taxes
Taxes On Overseas Jobs
By Steven Kang
In most countries, if you spend more than six months working for the local country, you will be subject to local country taxation.  However, as a US citizen or a US resident alien, you are also subject to US income taxation on your worldwide income.  The result is dual taxation or being taxed by both countries.

Fortunately, the US government allows foreign tax credit on local country income taxes that you have paid.  Let’s say that you have earned $150,000 in the local country.  For simplicity, let’s assume that there is no foreign earned income exclusion on the $150,000.  You have paid $50,000 in local country income taxes.  Since you also must file and pay US income taxes, the same $150,000 would also be taxed in the US.  By taking the benefits of foreign tax credit, you may offset or reduce your US income taxes by $50,000 of local country taxes.

However, not all local country taxes may be used for foreign tax credit.  Only the local country taxes which are based on your income qualify for the foreign tax credit.  Some countries impose social security taxes on income earned.  Such social security taxes do not qualify for foreign tax credit.

In general, US social security and Medicare taxes do not apply to wages for services you perform as an employee outside of the United States unless one of the following exceptions applies.

1) You are working for American vessel of aircraft under certain contracts
2) You are working in one of the countries with which the United States has entered into a binational social security agreement
3) You are working for an American employer
4) You are working for a foreign affiliate of an American employer under a voluntary agreement entered into between the American employer and the US Treasury Department.

What if you are self-employed?  The US self employment taxes (equivalent to US social security and Medicare taxes for self employed) must be paid, whether you are living in the United or abroad.  In some cases, you may be subject to social security taxes in both local country and in the US.  As a general rule, self-employed persons who are subject to dual taxation will only be covered by the social security system of the country where they reside. 

What if you want to return to the US and claim social security benefits in your later years?  You may request to be exempt from foreign social security tax and subject only to US self-employment tax. 

Paying the self employment or social security/Medicare taxes become important, if you want to set up a tax free (qualified )retirement plan for yourself.

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The US tax law allows deduction from your taxable income, the contribution you are making to your retirement plan (as much as $40,000 per year).

The benefit of setting up a qualified retirement plan is that the contribution is tax free and subsequent appreciation of your retirement is also tax free, until you take it out in your later years.  As most first year finance students would tell you, the compounding factor would be greater if you let your investment grow tax free.

As you can see, foreign assignments are fraught with tax traps for unwary.  With clever tax planning, you may claim all of the benefits allowed by the US government, while lowering your local country tax burden.

Thought of the Day
What is the mark of a true professional? 
The ability to bring down the most complex concepts to laymen terms.

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