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International Tax Treaties

Many countries have signed tax treaties with the United States which provide foreign nationals and residents various exemptions. According to these treaties, either the residents may be taxed at reduced rates or maybe completely exempt from paying taxes. In some situations, the rules of the treaties may depend on the individual’s level of income. Answered below by the Experts are some of the important questions that are commonly asked about tax treaties.

Would an individual who earns income from a foreign country have to pay taxes in that country or would the income be taxed in the US through a tax treaty?

How an individual may get taxed will depend on whether the individual is a citizen of the US or a non resident alien. If the individual is a citizen of the US, then the treaty may not affect the individual in any way. However, if the individual is a non resident alien, then the treaty may determine whether the income earned by the individual is taxable or not. In some situations, the individual may be taxed in the country from where they have earned their income.

Would foreign country diplomats be required to pay income tax in the US?

In most situations, foreign country diplomats may be subject to the same tax rules as any citizen of USA if the individual lives in the country for 183 days or more. There may be exceptions to this rule only if there is any treaty between the resident country of the diplomat and the US which prevents this individual from paying taxes in the US.

Would contributions made by an employer to a foreign pension scheme be subject to taxation?

In most situations, any contributions made by an employer to a foreign pension scheme may be treated as taxable income unless there is a tax treaty between the foreign country and the US allowing these contributions to be deducted.

Which countries participate in the Mutual Assistance Collection Program with the US?

The United States has five treaty partners that participate in the mutual assistance collection program. These countries are Canada, France, Denmark, Sweden and Netherlands.

Does the United States of America have a tax treaty with Hungary?

The United States has a tax treaty with Hungary. The rules of this treaty may depend on the type of income the individual earns. One may find more information about this treaty on the following link: http://www.irs.gov/pub/irs-utl/hungarytrweb.pdf.

If an individual residing outside the US works for a US based company, would he/she be eligible for foreign earned income deductions?

If an individual works for a US based company from outside the country, he/she may be eligible for foreign earned income deductions. However, he/she may be subjected to other tax liabilities applicable in the foreign country.

None of the tax treaties between the US and China apply to the Hong Kong Special Administration Region.

The US may not have signed treaties with all the countries. You need to be sure if the US has a tax treaty with your country or not. Even if the US has a treaty, it may be difficult to understand all the clauses and conditions of the treaty. You may ask an Expert if you do not understand anything or need more information about these treaties.

Ask a Tax Professional

Wallstreet Esq.
Wallstreet Esq., Tax Attorney
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Experience:  10 years experience
16356563
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Tax Professionals are online & ready to help you now

Wallstreet Esq.
Tax Attorney
Satisfied Customers: 570
10 years experience
Wendy Reed
Enrolled Agent
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15+ years tax preparation and tax advice.
Mark D
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MBA, EA, Specializing in Business and Individual Tax Returns and Issues

Recent International Tax Treaties Questions

  • According to FATCA, a 30% withholding is possible for certain

    According to FATCA, a 30% withholding is possible for certain kinds of payments if FATCA rules are not observed. Doesn't this come into conflict with International Tax Treaties regarding FDAP income that allows lower percentages of withholding or even zero withholding?
  • Hello, heres the situation. My wife and I are legal US

    Hello, here’s the situation.

    My wife and I are legal US residents living in Texas. Last year we decided to look for real state investments here to take advantage of lowered market prices.
    My father in law, a Mexican citizen and resident of Mexico, wanted to buy also as an investment, so we ended up buying a single-family house for $115K USD, we paid half each.

    The title (deed) is only under my wife’s name, that to avoid foreign-ownership complications. My father in-law is completely OK about this.
    Now the property is rented and we need to get my in-law his cut, but are concerned about how to issue and book such payment, and if such can be tax deductible for me, so I do not pay taxes for the whole rental income, as I will be keeping only half of it.
    In any case I want to be able to calculate fairly the amount of money he should get. Thanks!
  • MY WIFE IS A NON US CITIZEN, WHEN I FILE MY TAXES 0N 13 APRIL

    MY WIFE IS A NON US CITIZEN, WHEN I FILE MY TAXES 0N 13 APRIL 2008, I FILE FOR HER TOO RECIEVE A ITIN NUMBER, I HAVE YET TO RECIEVE IT. WHOM CAN I SEND A EMAIL TO FIND OUT IF THE IRS RECIEVED IT OR NOT SO I CAN FILL OUT ANOTHER APLICATION.
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