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Question to all citizens of the U.S.A. in China: IRS hunters

 
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The Great Wall of Whiner



Joined: 29 Jan 2003
Posts: 4946
Location: Blabbing

PostPosted: Sun Sep 18, 2011 9:50 am    Post subject: Question to all citizens of the U.S.A. in China: IRS hunters Reply with quote

Have the IRS been trying to track you down while working in China? I have a friend in Canada who is now "wanted" by the US authorities for not paying taxes, even though he has been living in Canada for almost 15 years.

Curious:

Are you folks really obligated to pay U.S. taxes back home on the income you earn from your job in China?

http://www.ctvbc.ctv.ca/servlet/an/local/CTVNews/20110917/bc_irs_targeting_dual_citizens_110917/20110917?hub=BritishColumbiaHome
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choudoufu



Joined: 25 May 2010
Posts: 3325
Location: Mao-berry, PRC

PostPosted: Sun Sep 18, 2011 10:19 am    Post subject: Reply with quote

yes and no.

we are obligated to file a tax return, regardless of whether we
have to pay tax....federal and (sometimes) state.

all income, regardless of source, is income for tax purposes.

but we have a nifty foreign-earned income exclusion of
around US$90K per year. not many engrish teachers are
going to be making more than that.

we also have a standard deduction and personal exemption, total
of around 8K for single filers, which applies on whatever is left
after your foreign income exclusion.

gotta add in the capital gains and dividends, although we get
another two years of zero cap gains up to around $32K.

so there ya go. we gotta file if we have any income, but most
likely won't have to pay anything other than the cost of mailing
the return in.....unless you have a simple return and can e-file.

******************************

the above works nicely. last year AGI was $41K, tax $0

*****************************

there is currently a tax amnesty program in effect. ending soon.

http://www.theglobeandmail.com/globe-investor/personal-finance/us-tax-amnesty-not-cheap-or-popular/article2159537/

http://www.cga-bc.org/about_us.aspx?id=13500


Last edited by choudoufu on Sun Sep 18, 2011 10:42 am; edited 2 times in total
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7969



Joined: 26 Mar 2003
Posts: 5782
Location: Coastal Guangdong

PostPosted: Sun Sep 18, 2011 10:34 am    Post subject: Reply with quote

The people interviewed in that link are reportedly dual citizens. They probably thought (mistakenly) that any obligations they had in the US ended when they became Canadians.

They should have read the fine print on the inside back cover of their newly minted Canadian passports, part of which reads that Canadian citizens who have more than one nationality are still subject to any laws and obligations in the other country in which they hold citizenship.
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Guerciotti



Joined: 13 Feb 2009
Posts: 842
Location: In a sleazy bar killing all the bad guys.

PostPosted: Sun Sep 18, 2011 10:34 am    Post subject: Reply with quote

What Choudoufu said. You file your tax return and use form 1116 for the tax credit, a credit for income taxes paid to another country.

The TP (taxpayer) must file a tax return every year even if working overseas or in another country. Most of the prey's problems will most likely vanish if they file income tax returns for the years they were abroad - or in Canada - with form 1116 attached to show little or no taxes due to the IRS. Them folks should start filing returns before the IRS places liens on property or freezes accounts. I'm not sure if they may do so in Canada but they certainly do in the U.S. Unfortunately some people ignore tax returns until the IRS does freeze an account.

I don't make enough to exceed the standard and personal deductions, but I save a ton of money here. Go figure. I'm certain the IRS has not launched a search for me in China or anywhere else.
G Cool
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eslteach



Joined: 28 Sep 2010
Posts: 94

PostPosted: Sun Sep 18, 2011 10:37 am    Post subject: Reply with quote

I talked to someone at the IRS in 2009 and they told me I had to file a tax return but that I wouldnt actually get in trouble unless I owed taxes. Its just about impossible to earn enough teaching in another country to actually owe taxes, so I havent been filing returns most of the time.
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TexasHighway



Joined: 03 Dec 2005
Posts: 779

PostPosted: Sun Sep 18, 2011 12:09 pm    Post subject: Reply with quote

choudoufu wrote:
Quote:
but we have a nifty foreign-earned income exclusion of
around US$90K per year
.
As long as we maintain a bona-fide tax residence outside the U.S. for the entire tax year or are physically present in a country or countries outside the U.S. for at least 330 days in a 12 month period, we can qualify for the exclusion.
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Mr. English



Joined: 25 Nov 2009
Posts: 298
Location: Nakuru, Kenya

PostPosted: Mon Sep 26, 2011 7:19 am    Post subject: Reply with quote

If you earn less than U.S. $8500 you are not required to file, and who is keeping track here in China?
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samhouston



Joined: 17 Jan 2007
Posts: 418
Location: LA

PostPosted: Mon Sep 26, 2011 10:24 am    Post subject: Reply with quote

Mr. English wrote:
If you earn less than U.S. $8500 you are not required to file, and who is keeping track here in China?


Yeah, I wonder how that works when we move back to the US and enter the system again without having filed for X number of years.

"I was in China volunteering and whatnot."

Not sure what kind of proof they'd demand.
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askiptochina



Joined: 26 Feb 2010
Posts: 488
Location: Beijing

PostPosted: Mon Sep 26, 2011 12:56 pm    Post subject: Reply with quote

Quote:
I wonder how that works when we move back to the US


I don't see how income in one country would be taxed or addressed in another country. The country you earn money in should be taxing you and that is a one time deal. You shouldn't have to pay a second time in another country after being taxed twice.

The exception would be in cases where 2 countries agree to set up some exemption period. Korea has 2 years for public schools.
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Opiate



Joined: 10 Aug 2011
Posts: 630
Location: Qingdao

PostPosted: Mon Sep 26, 2011 1:29 pm    Post subject: Reply with quote

samhouston wrote:
Mr. English wrote:
If you earn less than U.S. $8500 you are not required to file, and who is keeping track here in China?


Yeah, I wonder how that works when we move back to the US and enter the system again without having filed for X number of years.

"I was in China volunteering and whatnot."

Not sure what kind of proof they'd demand.


What can they ask for? Proof of not making money?

You should file every year. IF you reside in another country for a full year you can get a little over 90k USD worth of a free ride so this covers most of us here I am sure. This is the main reason you should file. That exclusion may not apply if you file late by 18 months or more.

http://www.taxmeless.com/page4.html

I am not trying to pretend I understand any of this tax stuff. I know damn well I don't. I leave it to my brother who does this kind of thing for fun. All I know is I file every year and pay nothing to Uncle Sam.
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SahanRiddhi



Joined: 18 Sep 2010
Posts: 267

PostPosted: Mon Sep 26, 2011 2:47 pm    Post subject: Reply with quote

eslteach wrote:
I talked to someone at the IRS in 2009 and they told me I had to file a tax return but that I wouldnt actually get in trouble unless I owed taxes. Its just about impossible to earn enough teaching in another country to actually owe taxes, so I havent been filing returns most of the time.


Typical ESL attitude ...
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roadwalker



Joined: 24 Aug 2005
Posts: 1750
Location: Ch

PostPosted: Mon Sep 26, 2011 5:05 pm    Post subject: Reply with quote

askiptochina wrote:
Quote:
I wonder how that works when we move back to the US


I don't see how income in one country would be taxed or addressed in another country. The country you earn money in should be taxing you and that is a one time deal. You shouldn't have to pay a second time in another country after being taxed twice.

The exception would be in cases where 2 countries agree to set up some exemption period. Korea has 2 years for public schools.


What seems logical or just, and what the law actually is, can be two different things sometimes. Anyone working or doing business in another country should try to find out (it's not always cut and dry) what the law of their home country is regarding taxes and overseas earnings.
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askiptochina



Joined: 26 Feb 2010
Posts: 488
Location: Beijing

PostPosted: Tue Sep 27, 2011 7:11 am    Post subject: Reply with quote

Quote:
What seems logical or just, and what the law actually is, can be two different things sometimes. Anyone working or doing business in another country should try to find out (it's not always cut and dry) what the law of their home country is regarding taxes and overseas earnings.


That's a rather blind observation. Of course it can be different, but we are not talking about people coming to China from third world countries or small countries common knowledge might be not be enough to answer this.

I have never seen a case where an American has had to pay taxes twice, in Japan, Korea, or China.

I am not talking about logic, I am talking about what I have seen. Instead of fear mongering, let's see an actual case of someone being taxed twice.
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