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INTERNATIONAL TAX INSIGHT

Global mobility – The Basic Issue

Modern international business meeting room overlooking a city
Photo by Marc Wieland on Unsplash

International mobility changes far more than an address. Citizenship, immigration status, tax residence and the assets a person owns can determine which returns and information reports are required.

Moving abroad does not automatically end U.S. filing

U.S. citizens and many resident aliens are generally subject to U.S. tax rules on worldwide income even when they live elsewhere. A foreign salary, local investment account or business interest may therefore remain relevant to a U.S. return.

That does not mean the same income will necessarily be taxed twice in full. Foreign tax credits, exclusions and treaty provisions may help, but those benefits depend on eligibility and are generally claimed through properly prepared filings.

The practical point

Residence and citizenship are different concepts. Establish the filing position before assuming that a move has ended—or started—a U.S. obligation.

Foreign assets can create separate information returns

A tax return reports income and tax, while international information returns disclose particular accounts, assets, companies, partnerships, trusts or gifts. Depending on the facts, reporting can include an FBAR, Form 8938, Form 5471, Form 3520 or other specialist forms.

These forms have different definitions, thresholds and filing locations. The absence of taxable income does not necessarily remove an information-reporting requirement, and incomplete or late filings can carry substantial penalties.

Moving into the United States needs advance planning too

A non-U.S. citizen may become a U.S. tax resident through the green card test or substantial presence test. Once U.S. residence begins, foreign income, pensions, companies and investment structures can enter the U.S. reporting system.

Structures that are ordinary in one country can be inefficient or heavily reported in another. Reviewing them before U.S. residence begins usually leaves more options than reviewing them after the year has closed.

Questions to resolve before a move

  • When will U.S. tax residence begin or end?
  • Which income and gains will fall inside that period?
  • What foreign accounts, pensions, companies, trusts or properties are held?
  • Which filings are needed in each country?
  • Should any transaction or restructuring occur before the move?

This article provides general information and is not tax or legal advice for a specific situation.