Joseph Heneghan No Comments

Navigating a Global Expansion

Is your business part of the global economy? If not, it may be losing out on some revenue- and value-building opportunities. However, “going global” obviously isn’t as simple as snapping your fingers and tapping into new markets. And it isn’t necessarily right for every business.

Here are several challenges the international marketplace can bring, along with a systematic approach to help your venture succeed globally.

Should you expand your business overseas? Just because you’ve thrived in the United States doesn’t mean you’ll achieve the same sort of results internationally. You don’t want to damage your core business by exhausting resources elsewhere. Read more

Tu Nguyen No Comments

Spring into the Automatic Two Month Extension

By Bethany Bouw

With spring showers, come tax due dates. Individual income tax returns are due April 15, 2019. For those that reside abroad, now is the time to determine if you need to request the automatic 6-month extension or if you qualify for the automatic two-month extension. Other important factors that should be considered are tax payments along with extension time frames. This article will answer some common questions related to the two-month extension.

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Tu Nguyen No Comments

TREASURY AND IRS PROPOSE RULES FOR FOREIGN PARTNERS IN PARTNERSHIPS ENGAGED IN A U.S. TRADE OR BUSINESS

Summary

Recently, the Department of the Treasury and the Internal Revenue Service (collectively, Treasury), proposed regulations implementing Section 864(c)(8) of the Code (the Proposed Regulations). The Proposed Regulations affect certain foreign persons that recognize gain or loss from the sale or exchange of an interest in a partnership that is engaged in a trade or business within the United States. The Proposed Regulations also affect partnerships that, directly or indirectly, have foreign partners.
Details

Section 864(c)(8), which was added to the Code by the Tax Cuts and Jobs Act (TCJA), provides that gain or loss of a nonresident alien individual or foreign corporation (a foreign transferor) from the sale, exchange, or other disposition (transfer) of a partnership interest is treated as effectively connected (EC) with the conduct of a trade or business within the United States (EC gain or EC loss) to the extent that the transferor would have had EC gain or loss if the partnership had sold all of its assets at fair market value as of the date of the sale or exchange (deemed sale). Section 864(c)(8) essentially overturns the holding in Grecian Magnesite Mining v. Commissioner, 149 T.C. No. 3 (2017), appeal argued, No. 17-1268 (D.C. Cir. Oct. 9, 2018).

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Tu Nguyen No Comments

How Do You Solve a Problem like Foreign Taxes?

By Bethany Bouw, CPA

There have been some rumblings recently about foreign taxes, specifically foreign real estate taxes. As one might imagine, there are a wide variety of foreign taxes. These foreign taxes can include items such as income taxes, real estate taxes, wealth taxes, estate taxes, solidarity taxes, and value-add taxes It can be easy to lump these all together when asked about foreign taxes paid or accrued if a taxpayer is not careful. Instead, it is best to be aware of the breakdown as not all foreign taxes are treated equally. Taxpayers should also be aware that there are limits on foreign taxes that would otherwise be creditable or deductible.

Foreign Real Estate Taxes

Schedule A of the Form 1040 used to include foreign real estate taxes in the taxes deducted. Unfortunately, with the recent tax reform, these may no longer be deducted on Schedule A (though for taxpayers already limited by the SALT cap with just domestic real estate and state income tax this is not as large of a loss). This disallowance means taxpayers without a state income tax and domestic real estate tax may find themselves unable to deduct much in the way of taxes on Schedule A. Read more

Tu Nguyen No Comments

Giving more than your heart to your non-US spouse

By Bethany Bouw, CPA

Around this time of year it is common to find ads for flowers, chocolate, and jewelry which can mean only one thing: Valentine’s Day. While foreign tax considerations are not nearly as romantic and sentimental a gift for your foreign spouse, you can be assured that you will not regret taking the time to consider what their status means for gifts and estates. Presents are still advisable.

Many taxpayers think that once they get through the hurdles of marrying their foreign spouse and the paperwork entailed in marriage, residency, and work permits that it will be just like being married to a US citizen. Unfortunately, that is not the case for US taxation. It is vital to make sure you inform yourself as to what the differences are.

Gifting to non-US spouses

For married couples that are both US citizens, the gifts between the spouses would qualify for the marital deduction and therefore would not be subject to gift tax or eat up one’s unified credit. A couple with one spouse who is not a US citizen have limits on non-taxable gifts and also additional reporting considerations. A non-US citizen spouse who is not a US resident that gifts the US person more than $100,000 in a year creates a reporting requirement. Conversely, a US citizen who gifts their non-US citizen spouse may not be able to do so without creating gift taxation. The annual exclusion for gifts to a non-US citizen spouse is $155,000 for 2019. The annual exclusion for gifts to non-US citizen spouses, like the typical annual gift tax exclusion, is adjusted for inflation. Jointly purchased assets with a non-US citizen could create gifts that the US citizen needs to consider against the annual exclusion. Depending on where you live, buying a house could incur a gift tax or force the taxpayer to use a portion of their unified credit.

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Christine Hradsky No Comments

Own a CFC? Get Ready to be GILTI…

There have been many changes in the last 12 months for US taxation of foreign entities. US shareholders of controlled foreign corporations (CFCs) have already felt the pinch of transition tax for 2017. Unfortunately, the pinch of foreign taxation changes is going to continue in 2018 and onwards thanks in part to GILTI. As the acronyms connotation implies, it is a less than popular tax change. Let us look together at some significant points related to the ominous GILTI: Read more

Christine Hradsky No Comments

Fa La La Falling Afoul of Foreign Gift Rules…

Foreign Gift

If you plan to do any international gifting or donating this year, make sure you are aware of possible tax consequences that may be associated.

By Bethany Bouw, CPA

Tis the season when those far and wide give gifts to their loved ones and charities. While you may be giving purely for the benefit of others, this does not remove the need to be aware of IRS requirements and regulations. Though the recipients will appreciate your altruistic intent, the IRS still has expectations no matter the spirit of the season. So, lest you fall afoul of the reporting rules, here are three commonly asked questions to consider as you gift and donate internationally this holiday season. Read more

Christine Hradsky No Comments

So You Think You Want to Expatriate…

Expatriate

Anyone thinking about expatriating needs to be aware of the associated tax and legal responsibilities.

By Bethany Bouw, CPA

We see much in the news about people expatriating – jokes related to a political climate (regardless of administration), trying to avoid tax (think that Facebook co-founder who renounced citizenship), and those who have spent the majority of their lives abroad, etc. Unfortunately, relinquishing citizenship and ending long-term residency is not as easy as mailing in your passport or green card and booking a flight with your belongings. There is much more involved from a tax perspective when expatriating and it should be done with input from an attorney and a qualified tax professional. Below you will find 10 starting questions and answers regarding expatriation and Form 8854, Initial and Annual Expatriation Statement. Read more

Christine Hradsky No Comments

Foreign Currency: What Does The IRS Say About It?

Foreign CurrencyBy Bethany Bouw, CPA

More now than ever people travel, work, and live all around the world. Therefore, understanding how to deal with foreign currency is becoming even more relevant. Taxpayers who have transactions in foreign currencies often wonder what they need to report and how they get the foreign currency into US dollars. Let’s review four of the most widely asked question regarding a taxpayer’s responsibility when dealing with foreign currency. Read more

Christine Hradsky No Comments

Foreign Taxation Technical Update: Section 965 Guidance

Summary

On October 1, the Department of the Treasury and the Internal Revenue Service (collectively, Treasury) issued Notice 2018-78 (the Notice). The Notice provides guidance with respect to the basis election under Prop. Reg. §1.965-2(f)(2), the application of rules for disregarding certain assets for determining aggregate foreign cash position in Prop. Reg. §1.965-3(b) to consolidated groups and relief in connection with Hurricane Florence. Read more