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Robin D.
Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 7420
Experience:  15years with H & R Block. Divisional leader, Instructor
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I am a dual citizen of the USA and Ireland and have lived and

Customer Question

I am a dual citizen of the USA and Ireland and have lived and worked in both countries in the past.

In the Tax Year 2009 I lived and worked in Dublin. I moved back home to the United States in Jan 2010 and lived with my parents until June of 2010. I didn't work while I was living in the United States. In July of 2010 I moved to Spain and worked on a film as a contractor until November. I moved back to the United States at the end of November and did not work again in 2010.

Since I did not declare residency in any country in 2010, my question is which country should I file my tax return in order to receive my withheld taxes from Spain?
Submitted: 3 years ago.
Category: Tax
Expert:  Robin D. replied 3 years ago.

Robin D :

Hello and thank you for using Just Answer

Robin D :

If you are a U.S. citizen or resident alien, the rules for filing income, estate, and gift tax returns and paying estimated tax are generally the same whether you are in the United States or abroad. Your worldwide income is subject to U.S. income tax, regardless of where you reside. However, you may qualify to exclude from income up to an amount of your foreign earnings that is now adjusted for inflation ($91,400 for 2009, $91,500 for 2010, $92,900 for 2011). In addition, you can exclude or deduct certain foreign housing amounts.


You must be one of the following to take advantage of the exclusion:



  • A U.S. citizen who is a bona fide resident of a foreign country or countries for an uninterrupted period that includes an entire tax year

  • A U.S. resident alien who is a citizen or national of a country with which the United States has an income tax treaty in effect and who is a bona fide resident of a foreign country or countries for an uninterrupted period that includes an entire tax year, or

  • A U.S. citizen or a U.S. resident alien who is physically present in a foreign country or countries for at least 330 full days during any period of 12 consecutive months

    Since you were not out of the US in 2010 for the required time you will not be allowed to exclude your foreign income.

    You can file the return in Spain and use the Foreign Tax Credit (Form 1116) with your US tax return if you are taxed in Spain (they do not refund al of your withholding).

Robin D :

You were not required to "declare" residency in the US to be required to file your US return. As a citizen you are required to declare all income and report but as I advised previously, there are beneficial treatments to taxation for you, provided you meet the requirements. Do your return for Spain to see if you will be given a refund of the withholding then you will know if you can use the Foreign Tax Credit to assist you with the US return.

Customer:

Thank you for your quick response. So just to be clear, I need to file a tax return in Spain

Customer:

Sorry about that, didn't mean to send

Customer:

So I need to file a tax return in both the United States and Spain? My taxes were already taken out of my paychecks while I was there. I have a document from my work's accountant that declares my earnings and deductions. It's rough translation is certificate of tax retention for non residents.

Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 7420
Experience: 15years with H & R Block. Divisional leader, Instructor
Robin D. and 4 other Tax Specialists are ready to help you

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