Understanding Taxation of Foreign Investments (2024)

For many of today's investors, diversification goes beyond owning companies in a variety of industries—it means adding securities from different parts of the globe, too. In fact, many wealth management experts recommend diverting a third or more of one's stock allocation into foreign enterprises to create a more efficient portfolio.

But if you’re not aware of the tax treatment of international securities, you're not maximizing your true earnings potential. When Americans buy stocks or bonds from a company based overseas, any investment income (interest, dividends) and capital gains are subject to U.S. income tax. Here's the kicker: The government of the firm's home country may also take a slice.

If this double taxation sounds draconian, take heart. The U.S. tax code offers something called the "foreign tax credit." Fortunately, this allows you to use all—or at least some—of those foreign taxes to offset your liability to Uncle Sam.

Key Takeaways

  • When Americans buy stocks or bonds from foreign-based companies, any investment income (interest, dividends) and capital gains are subject to U.S. income tax and taxes levied by the company's home country.
  • The U.S. tax code offers the “foreign tax credit," which allow allows foreign taxes to offset some of your liability to Uncle Sam.

Basics of the Foreign Tax Credit

Every country has its own tax laws, and they can vary dramatically from one government to the next. Many countries have no capital gains tax at all or waive it for foreign investors. But plenty do. Italy, for example, takes 26% of whatever proceeds a non-resident makes from selling their stock. Spain withholds 19% of such gains. The tax treatment of dividend and interest income runs the gamut as well.

While it doesn't hurt to research tax rates prior to making an investment—especially if you're buying individual stocks and bonds—the IRS offers a way to avoid double taxation anyway. For any "qualified foreign taxes" that you've paid—and this includes taxes on income, dividends and interest—you can claim either a tax credit or a deduction (if you itemize) on your tax return.

So how do you even know if you've paid foreign tax? If you have any holdings abroad, you should receive either a 1099-DIV or 1099-INT payee statement at year’s end. These forms will show how much of your earnings were withheld by a foreign government. (The official IRS website offers a basic description of the foreign tax credit.)

In most cases, you’re better off opting for the credit, which reduces your actual tax due. A $200 credit, for example, translates into a $200 tax savings. A deduction, while simpler to calculate, offers a reduced benefit. If you’re in the 25% tax bracket, a $200 deduction means you’re only shaving $50 off your tax bill ($200 x 0.25).

The amount of foreign tax you can claim as a credit is based on how much you'd be taxed on the same proceeds under U.S. tax law, multiplied by a percentage. To figure that out, you'll have to complete Form 1116 from the Internal Revenue Service.

If the tax you paid to the foreign government is higher than your U.S. tax liability, then the maximum foreign tax credit you can claim will be the U.S. tax due, which is the lesser amount. If the tax you paid to the foreign government is lower than your tax liability in the U.S., you can claim the entire amount as your foreign tax credit. Say you had $200 withheld by an outside government, but are subject to $300 of tax at home. You can use that entire $200 as a credit to trim your U.S. tax bill.

Example 1
Foreign Tax Paid$200
U.S Tax Liability$300
Foreign Tax Credit$200

Now imagine just the opposite. You paid $300 in foreign taxes but would only owe $200 to the IRS for those same earnings. When your taxes abroad are higher, you can only claim the U.S. tax amount as your credit. Here, that means $200. But you can carry the remaining $100 over one year—if you completed Form 1116 and file an amended return—or forward up to 10 years.

Example 2
Foreign Tax Paid$300
U.S. Tax Liability$200
Foreign Tax Credit$200
Carryover Amount$100

The whole process is quite a bit easier, however, if you paid $300 or less in creditable foreign taxes ($600 if married and filing jointly). You can skip the Form 1116 and report the entire amount paid as a credit on your Form 1040. In order to qualify for this de minimus exemption, the foreign income earned on the taxes paid must be qualified passive income.

Who Is Eligible?

Any investor who must pay taxes to a foreign government on investment income realized from a foreign source may be eligible to recoup some or all of the tax paid via this credit. But they must have paid foreign income taxes, excess profit taxes or other similar taxes. More specifically, they include:

  • Taxes that resemble U.S. income tax
  • Any taxes that are paid by a domestic taxpayer as a substitute for income tax that would ordinarily be required by a foreign country
  • Foreign income tax that is measured in terms of production because of inability to determine basis or income within the country
  • Pension, unemployment or disability funds from a foreign country (some foreign social security-type income is excluded)

The credit is disallowed for nonresident aliens, unless they were residents of Puerto Rico for a full taxable year or were engaged in a U.S. business or line of work that paid them direct income. Citizens living in a U.S. territory other than Puerto Rico are likewise excluded. Finally, no credit is available for investment income realized from any source within a country that has been designated as harboring terrorist activities (IRS Publication 514 provides a list of these countries.)

Be Careful with Overseas Fund Companies

Given the difficulty of researching foreign securities and the desire for diversification, mutual funds are a common way to gain exposure to global markets. But U.S. tax law treats American investment firms that offer international funds much differently than funds based offshore. It’s important to realize this distinction.

If a foreign-based mutual fund or partnership has at least one U.S. shareholder, it's designated as a Passive Foreign Investment Company, or PFIC. The classification includes foreign entities that make at least 75% of their revenue frompassive income or uses 50% or more of their assets to produce passive income.

The tax laws involving PFICs are complex, even by IRS standards. But overall, such investments are at a significant disadvantage to U.S.-based funds. For example, current distributions from a PFIC are generally treated as ordinary income, which is taxed at a higher rate than long-term capital gains. Of course, there's a simple reason for this: to discourage Americans from parking their money outside the country.

In a lot of cases, American investors, including those living abroad, are better off sticking with investment firms based on U.S. soil.

The Bottom Line

For the most part, the foreign tax credit protects American investors from having to pay investment-related taxes twice. Just watch out for foreign-based mutual fund companies, for which the tax code can be much less forgiving. When in doubt about your situation, it’s a good idea to consult a qualified tax expert who can guide you through the process.

Understanding Taxation of Foreign Investments (2024)

FAQs

What is the explanation statement for Form 1116? ›

Before calculating the Foreign Tax Credit, you must use a conversion rate to get all figures to a common currency. You'll use a Form 1116 explanation statement to show the foreign exchange conversion you used and the date on which it was determined. OANDA.com is a great source for reliable currency conversion rates.

How are foreign investments taxed? ›

Key Takeaways. When Americans buy stocks or bonds from foreign-based companies, any investment income (interest, dividends) and capital gains are subject to U.S. income tax and taxes levied by the company's home country.

How do I remove foreign tax credit from TurboTax? ›

If you don't want to claim the credit follow the steps to delete form 1116 Foreign Tax Credit:
  1. In the program, to your left,
  2. Select Tax Tools, click on the drop down arrow.
  3. Select Tools.
  4. Under Other helpful links, choose Delete a form.
  5. Select Delete next to Form 1116 and Continue with My Return.
Mar 6, 2021

Which version of TurboTax do I need for foreign income? ›

The first form TurboTax has available is Form 2555, also known as Foreign Earned Income Exclusion (FEIE), which allows you to exclude a certain amount of foreign earned income from any US tax. For this tax year (2022) you can exclude up to $112,000.

How much foreign tax credit can I claim without 1116? ›

You must prepare Form 1116 if your qualified foreign taxes are more than $300 for a single filer ($600 for married couples filing jointly), the income is non-passive, or your gross foreign income and taxes were not reported on a payee statement (such as a 1099).

What is the exemption exception for form 1116? ›

The Form 1116 Exemption Exception:

Form 1116 Exemption applies to individual taxpayers whose foreign tax does not exceed $300 ($600 in the case of a joint return) and their entire amount of creditable foreign tax and income is passive and reported on Form 1099, Schedule K-1 or Schedule K-3.

Who needs to fill out Form 1116? ›

The IRS states you should file Form 1116 to claim the foreign tax credit if you are an individual, estate or trust, and you paid or accrued certain foreign taxes to a foreign country or U.S. possession.

How do I avoid double taxation on foreign capital gains? ›

Foreign Tax Credit

Well, if you qualify for the Foreign Tax Credit, the IRS will give you a tax credit equal to at least part of the taxes you paid to a foreign government. In many cases, they will credit you the entire amount you paid in foreign income taxes, removing any possibility of US double taxation.

How do I report foreign investments on my tax return? ›

More In Forms and Instructions

Use Form 8938 to report your specified foreign financial assets if the total value of all the specified foreign financial assets in which you have an interest is more than the appropriate reporting threshold.

Can I elect not to file form 1116? ›

Election To Claim the Foreign Tax Credit Without Filing Form 1116. You may be able to claim the foreign tax credit without filing Form 1116. By making this election, the foreign tax credit limitation (lines 15 through 23 of the form) won't apply to you.

How much foreign income is tax free? ›

If you're an expat and you qualify for a Foreign Earned Income Exclusion from your U.S. taxes, you can exclude up to $108,700 or even more if you incurred housing costs in 2021. (Exclusion is adjusted annually for inflation). For your 2022 tax filing, the maximum exclusion is $112,000 of foreign earned income.

What is line 12 of form 1116? ›

For line 12, the taxpayer should enter any reductions to foreign taxes. Reductions to foreign taxes include the following: Taxes on income excluded on Form 2555. The taxpayer should reduce or exclude from foreign source income as a result of a Section 911 exclusion.

How much foreign income can be excluded? ›

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.

How do I report foreign investment income on TurboTax? ›

Here's how to enter your foreign income:
  1. Sign in to TurboTax and open or continue your return.
  2. Search for foreign income.
  3. Select the Jump to link in the search results.
  4. Answer Yes to Did You Make Any Money Outside the United States? and follow the onscreen instructions.
Jan 13, 2023

Do I have to report foreign tax paid? ›

U.S. citizens and resident aliens are required to report their worldwide income on their U.S. tax returns every year. That means you must report all the money you made inside the United States, as well as any foreign income you received during the tax year.

What is the max foreign tax credit USA? ›

You could receive up to $13,760 as an FTC. The difference between $26,400 (German taxes paid) and $13,760 is your Foreign Tax Credit carryover amount, and you can carry that over for up to 10 years.

What is the 80% limitation for foreign tax credit? ›

The foreign income taxes paid are restricted to 80 percent of the product of the domestic corporation's inclusion percentage multiplied by the aggregate tested foreign income taxes paid or accrued by CFCs.

What is not allowed foreign tax credit? ›

Exemption from the Foreign Tax Credit Limit

Your qualified foreign taxes for the tax year are not more than $300 ($600 if filing a joint return). All of your gross foreign income and the foreign taxes are reported to you on a payee statement (such as a Form 1099-DIV or 1099-INT).

When may an individual avoid filing form 1116 for foreign taxes paid? ›

You can use the foreign tax credit without Form 1116 if the following apply: Your only source of foreign income for the tax year is passive income. Your qualified foreign taxes for the year are not more than $300 USD ($600 USD dollars if you're filing a joint return)

What is capital gains tax adjustment on form 1116? ›

How to calculate the total adjustment amount on Form 1116. Basically, the 5% ratio is the amount from the Qualified Dividends & Capital Gain Tax Worksheet, Line 10/Qualified Dividends & Capital Gain Tax Worksheet, Line 6. The 15% ratio is 1 minus the just-calculated 5% ratio as shown in the preceding line.

How do you calculate foreign source income? ›

To calculate your foreign source income and foreign source qualified income, multiply the amount in Box 1a of your Form 1099-DIV by the “Foreign source income %” and “Foreign source qualified income %” columns, respectively.

Should I take foreign tax credit or deduction? ›

The foreign tax credit can only reduce U.S. taxes on foreign source income; it cannot reduce U.S. taxes on U.S. source income. It is generally better to take a credit for qualified foreign taxes than to deduct them as an itemized deduction.

Why do I have to pay U.S. taxes if I live abroad? ›

You may wonder why U.S. citizens pay taxes on income earned abroad. U.S. taxes are based on citizenship, not country of residence. That means it doesn't matter where you call home, if you're considered a U.S. citizen, you have a tax obligation.

How much foreign income is taxable in US? ›

The maximum foreign earned income exclusion amount is adjusted annually for inflation. For tax year2021, the maximum foreign earned income exclusion is the lesser of the foreign income earned or $108,700 per qualifying person. For tax year2022, the maximum exclusion is $112,000 per person.

How can I avoid capital gains tax on foreign property in USA? ›

That means any gain from selling your primary residence overseas is usually tax-free, as long as you meet the occupancy requirements and your gain is below these thresholds: $500,000 – if you're married filing jointly. $250,000 – if you use any other filing status.

Do you get taxed twice on foreign income? ›

Filing Taxes with the IRS While Living in Another Country

United States citizens who work in other countries do not get double taxed if they qualify for the Foreign-Earned Income Exemption. Expats should note that United States taxes are based on citizenship, not the physical location of the taxpayer.

How does the IRS know if you have a foreign bank account? ›

Through FATCA, the IRS receives account numbers, balances, names, addresses, and identification numbers of account holders. Americans with foreign accounts must also submit Form 8938 to the IRS in addition to the largely redundant FBAR form.

What happens if you don't report foreign assets? ›

If you don't disclose your offshore accounts, you may be caught through an IRS audit and your foreign accounts may be frozen. The IRS may also impose penalties for failure to comply with offshore account disclosures.

Which foreign assets should I report to IRS? ›

Assets required to be reported on Form 8938 are stocks and securities that are issued by a foreign corporation, contact, or investment with an issuer or counterparty that is not a U.S.-based person. Foreign accounts maintained by foreign financial institutions must also be reported on Form 8938.

What triggers form 1116 in TurboTax? ›

TurboTax works when you paid more foreign taxes than the $300/$600 threshold that requires a Form 1116. You'll have to gather the foreign income from the 1099 supplemental information from your brokers.

How long can you carry forward the foreign tax credit? ›

Carryback and Carryover of Unused Credit

You can carry back for one year and then carry forward for 10 years the unused foreign tax.

How do I suppress form 1116? ›

Option 1:
  1. Go to Credits > 1116 - Foreign Tax Credit. Select Section 1 - Processing Options. In Line 1 - Election to claim the foreign tax credit without filing Form 1116, checkmark this line to suppress the Form 1116. ...
  2. Calculate the return.

Does IRS know about my foreign income? ›

Yes, if you are a U.S. citizen or a resident alien living outside the United States, your worldwide income is subject to U.S. income tax, regardless of where you live. However, you may qualify for certain foreign earned income exclusions and/or foreign income tax credits.

What states do not pay foreign income tax? ›

States with no income tax for expats
  • Alaska.
  • Florida.
  • Nevada.
  • South Dakota.
  • Texas.
  • Washington.
  • Wyoming.
Oct 25, 2022

What is the foreign tax exemption for 2023? ›

Foreign Earned Income Exclusion is increasing to $120,000

Every year, the IRS adjusts the FEIE to account for inflation. American expats will be happy to know that for the calendar year 2023, for returns you'll file in 2024, the IRS has increased the FEIE from $112,000 to $120,000.

What income category is form 1116? ›

What is General Limited Income (Form 1116)? General limited income is income that is not passive income, Section 901(j) income, or income resourced by treaty or Lump-Sum distribution income. General category income may include: Wages, salary, and overseas allowances of an individual as an employee.

What is the explanation statement for form 1116? ›

Before calculating the Foreign Tax Credit, you must use a conversion rate to get all figures to a common currency. You'll use a Form 1116 explanation statement to show the foreign exchange conversion you used and the date on which it was determined. OANDA.com is a great source for reliable currency conversion rates.

What is the 330 day rule? ›

Generally, to meet the physical presence test, you must be physically present in a foreign country or countries for at least 330 full days during a 12-month period including some part of the year at issue. You can count days you spent abroad for any reason, so long as your tax home is in a foreign country.

What is the IRS form for foreign income? ›

What is Form 2555 used for? Form 2555 is the form you file to claim the Foreign Earned Income Exclusion, which allows you to exclude up to $112,000 of foreign earned income for the 2022/2023 tax year. The Foreign Earned Income Exclusion exists the help prevent double-taxation.

Do I have to declare foreign property to IRS? ›

Yes, you must report foreign properties on your U.S. tax return just like you would report any owned U.S. property. To do that, you first need to know what type of ownership you have because it affects what tax forms you must file.

How is foreign investment income taxed? ›

Key Takeaways. When Americans buy stocks or bonds from foreign-based companies, any investment income (interest, dividends) and capital gains are subject to U.S. income tax and taxes levied by the company's home country.

What happens if you don't file taxes while living abroad? ›

What Happens If US Citizens Don't File Their Taxes While Living Abroad? US citizens who don't file US taxes while living abroad may face penalties, interest costs, or even criminal charges. The IRS charges penalties for both late filing and late payments.

What is an explanation statement? ›

An explanation is a set of statements usually constructed to describe a set of facts which clarifies the causes, context, and consequences of those facts. It may establish rules or laws, and may clarify the existing rules or laws in relation to any objects or phenomena examined.

What goes on line 1a of form 1116? ›

Form 1116 Instructions - See the detailed instructions for “Foreign Qualified Dividends and Capital Gains (Losses).” Generally, if the foreign source income is taxed at the 0% rate, then you must exclude the income from your foreign source income (Form 1116, line 1a).

What is the requirement to file form 1116? ›

Single filers who paid $300 or less in foreign taxes, and married joint filers who paid $600 or less, can omit filing Form 1116. But using the form enables you to carry forward any unused credit balance to future tax years; without filing Form 1116, you give up this carryover tax break.

How do you write a good statement of explanation? ›

How to write an explanation letter in 3 steps
  1. Choose letter format. Clients, team members or students may use print or email for their letters. ...
  2. Explain the situation. To begin writing this type of letter, you might explain the situation or circ*mstance and any contributing factors. ...
  3. Take responsibility and accountability.
Mar 10, 2023

What is the difference between understanding and explanation? ›

One popular view is that understanding is just the cognitive state you are in then you can explain something. Another view is that understanding involves explanation, but also involves other cognitive abilities, such as an ability to explain other things.

What do you write in an explanation? ›

As previously mentioned, explanation writing answers a question and explains a key subject. In this type of writing, your child can use the words "how" and "why" to explain the answers to whatever important questions they are addressing in their article. It can also describe a specific action or event.

How is foreign tax credit form 1116 calculated? ›

How the Foreign Tax Credit is calculated on tax form 1116. Each case is different, but in general, to calculate your foreign tax credit for individuals, you'll take your foreign sourced taxable income divided by your total taxable income before exemptions.

How do I report foreign investment income? ›

Schedule B (Form 1040), Interest and Ordinary Dividends – In most cases, affected taxpayers attach Schedule B to their federal return to report foreign assets.

What is line 3b on form 1116? ›

Line 3b: Other Deductions

On line 3b, enter any other deductions that do not definitely relate to any specific type of income, such as alimony paid (from Schedule 1, line 18a).

Can I skip form 1116? ›

General Instructions

You may be able to claim the foreign tax credit without filing Form 1116. By making this election, the foreign tax credit limitation (lines 15 through 23 of the form) won't apply to you. This election is available only if you meet all of the following conditions.

What is the maximum foreign tax credit? ›

You could receive up to $13,760 as an FTC. The difference between $26,400 (German taxes paid) and $13,760 is your Foreign Tax Credit carryover amount, and you can carry that over for up to 10 years.

What is an example of a foreign tax credit? ›

Quick overview: What's the Foreign Tax Credit (FTC)?

For example, let's say you owe the US government $1500. At the same, you've already paid $1000 in Portugal taxes. With the FTC, you can use the $1000 you paid in Portugal taxes to reduce your US tax liability to $500.

What is high taxed income 1116? ›

The letters HTKO on Form 1116, stand for High-Tax Kickout. When the effective tax rate for foreign passive category income exceeds the greatest U.S. rate, the income is considered high-taxed income and is combined with the general limitation category basket.

How much foreign income is tax free in USA? ›

If you're an expat and you qualify for a Foreign Earned Income Exclusion from your U.S. taxes, you can exclude up to $108,700 or even more if you incurred housing costs in 2021. (Exclusion is adjusted annually for inflation). For your 2022 tax filing, the maximum exclusion is $112,000 of foreign earned income.

What is the exemption from the foreign tax credit limitation? ›

Elect exemption from Foreign Tax Credit Limitation

Your only foreign source of gross income for the tax year is passive income such as dividends and interest. Your qualified foreign taxes for the tax year are not more than $300 or $600 if filing a joint return.

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