a closer look GLOBAL TAX WEEKLY ISSUE 255 SEPTEMBER 28, 2017

Similar documents
a closer look GLOBAL TAX WEEKLY ISSUE 249 AUGUST 17, 2017

a closer look GLOBAL TAX WEEKLY ISSUE 254 SEPTEMBER 21, 2017

a closer look GLOBAL TAX WEEKLY ISSUE 255 SEPTEMBER 28, 2017

a closer look GLOBAL TAX WEEKLY ISSUE 271 JANUARY 18, 2018

a closer look GLOBAL TAX WEEKLY ISSUE 271 JANUARY 18, 2018

a closer look GLOBAL TAX WEEKLY ISSUE 225 MARCH 2, 2017

a closer look GLOBAL TAX WEEKLY ISSUE 204 OCTOBER 6, 2016

a closer look GLOBAL TAX WEEKLY ISSUE 281 MARCH 29, 2018

Argentina Bahamas Barbados Bermuda Bolivia Brazil British Virgin Islands Canada Cayman Islands Chile

CB CROSS BORDER YOUR GOAL. OUR MISSION.

a closer look GLOBAL TAX WEEKLY ISSUE 187 JUNE 9, 2016

a closer look GLOBAL TAX WEEKLY ISSUE 241 JUNE 22, 2017

Total Imports by Volume (Gallons per Country)

TAXATION (IMPLEMENTATION) (CONVENTION ON MUTUAL ADMINISTRATIVE ASSISTANCE IN TAX MATTERS) (AMENDMENT OF REGULATIONS No. 3) (JERSEY) ORDER 2017

Total Imports by Volume (Gallons per Country)

Total Imports by Volume (Gallons per Country)

Total Imports by Volume (Gallons per Country)

Total Imports by Volume (Gallons per Country)

Total Imports by Volume (Gallons per Country)

Total Imports by Volume (Gallons per Country)

Total Imports by Volume (Gallons per Country)

Withholding Tax Rates 2014*

Total Imports by Volume (Gallons per Country)

Total Imports by Volume (Gallons per Country)

Total Imports by Volume (Gallons per Country)

Total Imports by Volume (Gallons per Country)

Guide to Treatment of Withholding Tax Rates. January 2018

Total Imports by Volume (Gallons per Country)

GENERAL ANTI AVOIDANCE RULE RECENT CASE LAW IN ARGENTINA

INTERNATIONAL CONVENTION ON STANDARDS OF TRAINING, CERTIFICATION AND WATCHKEEPING FOR SEAFARERS (STCW), 1978, AS AMENDED

55/2005 and 78/2005 Convention on automatic exchange of information

Request to accept inclusive insurance P6L or EASY Pauschal

When will CbC reports need to be filled?

EQUITY REPORTING & WITHHOLDING. Updated May 2016

PENTA CLO 2 B.V. (the "Issuer")

INTERNATIONAL CONVENTION ON STANDARDS OF TRAINING, CERTIFICATION AND WATCHKEEPING FOR SEAFARERS (STCW), 1978, AS AMENDED

KPMG s Individual Income Tax and Social Security Rate Survey 2009 TAX

Rev. Proc Implementation of Nonresident Alien Deposit Interest Regulations

AUTOMATIC EXCHANGE OF INFORMATION (AEOI)

Double Tax Treaties. Necessity of Declaration on Tax Beneficial Ownership In case of capital gains tax. DTA Country Withholding Tax Rates (%)

Summary 715 SUMMARY. Minimum Legal Fee Schedule. Loser Pays Statute. Prohibition Against Legal Advertising / Soliciting of Pro bono

TRENDS AND MARKERS Signatories to the United Nations Convention against Transnational Organised Crime

IRS Reporting Rules. Reference Guide. serving the people who serve the world

Save up to 74% on U.S. postage.

Dutch tax treaty overview Q3, 2012

Long Association List of Jurisdictions Surveyed for Which a Response Has Been Received

Argentina Tax amnesty: the day after

HEALTH WEALTH CAREER 2017 WORLDWIDE BENEFIT & EMPLOYMENT GUIDELINES

YUM! Brands, Inc. Historical Financial Summary. Second Quarter, 2017

(ISC)2 Career Impact Survey

Convention on Mutual Administrative Assistance in Tax Matters as amended by the 2010 Protocol

FY2016 RESULTS. 1 February 2016 to 31 January Inditex continues to roll out its global, fully integrated store and online model.

The Structure, Scope, and Independence of Banking Supervision Issues and International Evidence

FOREIGN ACTIVITY REPORT

UPDATE. COMMON REPORTING STANDARD IN THE CAYMAN ISLANDS. What is CRS? Participating Jurisdictions

Section 872. Gross Income. Rev. Rul

Global Forum on Transparency and Exchange of Information for Tax Purposes. Statement of Outcomes

Countries with Double Taxation Agreements with the UK rates of withholding tax for the year ended 5 April 2012

ide: FRANCE Appendix A Countries with Double Taxation Agreement with France

SANGAM GLOBAL PHARMACEUTICAL & REGULATORY CONSULTANCY

Today's CPI data: what you need to know

Scale of Assessment of Members' Contributions for 2008

a closer look GLOBAL TAX WEEKLY ISSUE 153 OCTOBER 15, 2015

a closer look GLOBAL TAX WEEKLY ISSUE 290 MAY 31, 2018

Dutch tax treaty overview Q4, 2013

APA & MAP COUNTRY GUIDE 2017 DENMARK

MEXICO - INTERNATIONAL TAX UPDATE -

Clinical Trials Insurance

The current state of ICOs

STOXX EMERGING MARKETS INDICES. UNDERSTANDA RULES-BA EMERGING MARK TRANSPARENT SIMPLE

SHARE IN OUR FUTURE AN ADVENTURE IN EMPLOYEE STOCK OWNERSHIP DEBBI MARCUS, UNILEVER

Today's CPI data: what you need to know

Today's CPI data: what you need to know

15 Popular Q&A regarding Transfer Pricing Documentation (TPD) In brief. WTS strong presence in about 100 countries

Today's CPI data: what you need to know

Today's CPI data: what you need to know

WHY UHY? The network for doing business

Today's CPI data: what you need to know

Italy amends white list

Current Issues in International Tax Policy

Today's CPI data: what you need to know

Today's CPI data: what you need to know

WHY UHY? The network for doing business

Today's CPI data: what you need to know

Austria Country Profile

Pension Payments Made To Foreign Bank Accounts

TAXATION (IMPLEMENTATION) (INTERNATIONAL TAX COMPLIANCE) (COMMON REPORTING STANDARD) (JERSEY) REGULATIONS 2015

SCHEDULE OF REVIEWS (DECEMBER 2017)

JPMorgan Funds statistics report: Emerging Markets Debt Fund

Today's CPI data: what you need to know

ABOUT THE DATA. IntelliRisk Advanced Global Data. Content Overview. Data Feeds and Frequency. Account Setup in IntelliRisk Advanced

ORBITAX INTERNATIONAL TAX RESEARCH AND COMPLIANCE EXPERT

Double tax considerations on certain personal retirement scheme benefits

Japan s DTA Strategy and its Implications to Developing Countries. April 9 th, 2015 Kentaro Ogata

Tax Game Changers Yair Zorea, Tax Partner, PwC Israel Yitzhak Zahavy, Tax Supervisor, PwC Israel November 2015

Real Estate & Private Equity workshop

FY2017 RESULTS. 1 February 2017 to 31 January Inditex continues to roll out its global, fully integrated store and online platform.

FACT SHEET. Automatic exchange of information (AEOI)

Save up to 74% on U.S. postage.

Luxembourg Country Profile

Transcription:

GLOBAL TAX WEEKLY a closer look ISSUE 255 SEPTEMBER 28, 2017 SUBJECTS TRANSFER PRICING INTELLECTUAL PROPERTY VAT, GST AND SALES TAX CORPORATE TAXATION INDIVIDUAL TAXATION REAL ESTATE AND PROPERTY TAXES INTERNATIONAL FISCAL GOVERNANCE BUDGETS COMPLIANCE OFFSHORE SECTORS MANUFACTURING RETAIL/WHOLESALE INSURANCE BANKS/FINANCIAL INSTITUTIONS RESTAURANTS/FOOD SERVICE CONSTRUCTION AEROSPACE ENERGY AUTOMOTIVE MINING AND MINERALS ENTERTAINMENT AND MEDIA OIL AND GAS COUNTRIES AND REGIONS EUROPE AUSTRIA BELGIUM BULGARIA CYPRUS CZECH REPUBLIC DENMARK ESTONIA FINLAND FRANCE GERMANY GREECE HUNGARY IRELAND ITALY LATVIA LITHUANIA LUXEMBOURG MALTA NETHERLANDS POLAND PORTUGAL ROMANIA SLOVAKIA SLOVENIA SPAIN SWEDEN SWITZERLAND UNITED KINGDOM EMERGING MARKETS ARGENTINA BRAZIL CHILE CHINA INDIA ISRAEL MEXICO RUSSIA SOUTH AFRICA SOUTH KOREA TAIWAN VIETNAM CENTRAL AND EASTERN EUROPE ARMENIA AZERBAIJAN BOSNIA CROATIA FAROE ISLANDS GEORGIA KAZAKHSTAN MONTENEGRO NORWAY SERBIA TURKEY UKRAINE UZBEKISTAN ASIA-PAC AUSTRALIA BANGLADESH BRUNEI HONG KONG INDONESIA JAPAN MALAYSIA NEW ZEALAND PAKISTAN PHILIPPINES SINGAPORE THAILAND AMERICAS BOLIVIA CANADA COLOMBIA COSTA RICA ECUADOR EL SALVADOR GUATEMALA PANAMA PERU PUERTO RICO URUGUAY UNITED STATES VENEZUELA MIDDLE EAST ALGERIA BAHRAIN BOTSWANA DUBAI EGYPT ETHIOPIA EQUATORIAL GUINEA IRAQ KUWAIT MOROCCO NIGERIA OMAN QATAR SAUDI ARABIA TUNISIA LOW-TAX JURISDICTIONS ANDORRA ARUBA BAHAMAS BARBADOS BELIZE BERMUDA BRITISH VIRGIN ISLANDS CAYMAN ISLANDS COOK ISLANDS CURACAO GIBRALTAR GUERNSEY ISLE OF MAN JERSEY LABUAN LIECHTENSTEIN MAURITIUS MONACO TURKS AND CAICOS ISLANDS VANUATU

FEATURED ARTICLES ISSUE 255 SEPTEMBER 28, 2017 Tax Court Denies Foreign Earned Income Exclusion On Late Tax Return by Ephraim Moss, Esq. and Joshua Ashman, CPA, Expat Tax Professionals Contact: emoss@expattaxprofessionals.com ; jashman@expattaxprofessionals.com Ephraim Moss, Esq. is a US attorney specializing in international tax matters. Ephraim has extensive experience in counseling clients on matters such as cross-border tax structures, tax return treaty positions, expatriation matters, and disclosure of foreign financial accounts. In recent years, Ephraim has focused his practice on assisting delinquent taxpayers with utilizing the various IRS disclosure programs and has regularly represented clients before the IRS. Prior to co-founding Expat Tax Professionals LLC, Ephraim held a managerial position in the international tax practice of Ernst & Young. Joshua Ashman, CPA is a US trained and licensed tax accountant. Joshua specializes in the areas of international taxation and expat taxation. Joshua has extensive experience with international compliance and expat tax returns and the issues that typically arise, such as reporting related to foreign pension schemes, Passive Foreign Investment Companies (PFICs), FATCA and Form 8938, FBAR reporting, foreign trust reporting on Form 3520, and reporting related to ownership of foreign corporations (Form 5471). Prior to co-founding Expat Tax Professionals LLC, Joshua held a senior-managerial position in the tax compliance practice of PwC. This is the second of two articles examining recent judicial developments relating to the foreign earned income exclusion (FEIE). Last week, we looked at recent denials of FEIE claims because of the failure to meet the "tax home in a foreign country" requirement. This week, we look at the adverse implications of a late-filed FEIE claim. Introduction One of the key messages we try to impart to US expats is that just because you can utilize the foreign earned income exclusion ("FEIE"), 1 does not mean that you do not have to timely file a tax

return with the IRS. The exclusion may reduce or even eliminate the requirement to pay tax, but it does not eliminate the obligation to file a US income tax return in fact, in order to claim the FEIE, you actually need to file a tax return, and not filing on time may prevent you from being able to later make the claim on your return. This is one of the most common mistakes that expats make, 2 and as a recent Tax Court decision shows, 3 it is a mistake that can prove very costly, even in the more sympathetic of cases. The Foreign Earned Income Exclusion The FEIE 4 is one of the main tax relief measures available to expats filing US tax returns. Expats qualifying for the FEIE may be able to exclude all or part of their foreign salary or wages from their income when filing their return so its importance cannot be overstated. For 2017, the maximum foreign earned income exclusion is up to USD102,100 per qualifying person (a married couple filing jointly can potentially exclude as much as USD204,200). The maximum exclusion amount is generally increased each year to take into account inflation. Form 2555 Timely filing the Form 2555 The FEIE is claimed by filing the Form 2555 with the IRS. 5 Once you choose to claim an exclusion, the choice remains in effect for that year and all future years unless it is revoked. However, you need to include the form each year with your tax return in order to claim the benefit of that year. To revoke your choice, you must attach a statement to your return for the first year you do not wish to claim the exclusion. If you revoke your choice, you cannot claim the exclusion for the next five tax years without the approval of the IRS. In order for a Form 2555 to be considered timely filed, it must be attached to your timely-filed income tax return. US expats are generally required to file their returns by April 15 of the following year, just like US residents. However, if you live outside the US on April 15, you are entitled to an automatic extension (without the filing of an extension form) until June 15. An automatic extension can also be filed resulting in additional time to file until October 15. Due dates that fall on a weekend or holiday are pushed to the next business day.

Figure 1: Foreign Earned Income Exclusion Inflation Adjustment 105,000 102,500 100,000 (USD) 97,500 95,000 92,500 90,000 2010 2011 2012 2013 Tax Year 2014 2015 2016 2017 Late filing the Form 2555 If you have not filed the Form 2555 on a timely-filed return, the form generally must be filed with: A return amending a timely-filed return; or A late-filed return filed within one year from the original due date of the return (determined without regard to any extensions). You can choose the exclusion on a return filed after the above periods, provided you owe no federal income tax after taking the exclusion into account. If you do owe federal income tax after taking the exclusion into account, you can choose the exclusion on a return filed after the periods described above, provided you file before the IRS discovers that you failed to choose the exclusion. The Redfield Decision (T.C. Memo 2017-71) 6 The Tax Court's Redfield case, which was decided in April of this year, involved a taxpayer who served 12 years in the US Marines, including several stints in Afghanistan. Sometime before 2010, Mr. Redfield left the Marines as a disabled veteran suffering from memory loss and post-traumatic stress disorder. He was then offered a civilian position at the Kandahar Air Field in Kandahar Province, Afghanistan. Believing that he had made sufficient progress in his

recovery, he began his job in Kandahar in January 2010. Unfortunately, his physical and mental condition worsened, and he was unable to work for very long in his new position. On the tax side of things, Mr. Redfield did not file his 2010 tax return for several years. In May of 2014, the IRS sent him a notice of deficiency for the 2010 tax year. Mr. Redfield did not respond, but instead late filed his 2010 return, attaching a Form 2555 and excluding USD49,136 of earnings from his work in Afghanistan. Even with the exclusion, he ended up owing residual tax to the IRS, some of which he did not pay until his filing in 2014. The IRS rejected Mr. Redfield's exclusion claim, and he brought a suit against the IRS in the Tax Court. Under these facts, the Court could not find any path that would allow Mr. Redfield to utilize the exclusion. The exclusion was not filed within one year of its due date, Mr. Redfield did in fact owe some tax, and he was in fact caught by the IRS before he filed his tax return claiming the exclusion. This perfect storm of bad facts prompted the Tax Court to grant the IRS's motion to summarily dismiss this portion of the taxpayer's suit, leaving him without the ability to utilize the exclusion. Interestingly, the Tax Court judges noted: "We acknowledge petitioner's military service to this country and recognize that he emerged far from unscathed from his tours of duty in Afghanistan. We understand that the procedural requirements for making a timely FEIE election are not exactly intuitive and that the scars petitioner incurred during his military service may have contributed to the tax delinquency at issue." However, the Court still concluded: "While these facts may be relevant to the penalty and additions to tax that the IRS determined, they do not alter the requirement of a timely election." The Redfield case highlights the importance of timely filing your US tax return. As the decision shows, late filing your tax return can have serious unintended consequences, especially if you are claiming an exclusion such as the FEIE. E NDNOTES 1 2 See https://www.expattaxprofessionals.com/form-2555-foreign-earned-income-exclusion See http://finance.alot.com/personal-finance/5-most-common-mistakes-made-by-us-expattaxpayers--11279

3 4 5 6 See http://www.ustaxcourt.gov/ustcinop/opinionviewer.aspx?id=11189 See https://www.expattaxprofessionals.com/tips-foreign-earned-income-exclusion/ Supra, note 1. Supra, note 3.