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International attorney that can help with double Taxation…

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International attorney that can help...
International attorney that can help with double Taxation treaty between US and Germany. A US Green card holder in the year 2014 worked in Germany more than 183 days as a doctor, but less than 330 days. He also received physician pension similar to social security. He filed and paid tax in Germany. He must report the income in the US but does he receive relief from double Taxation from the 1989 US German tax treaty?
Submitted: 11 months ago.Category: Tax
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Answered in 11 minutes by:
8/23/2017
Tax Professional: taxmanrog, Certified Public Accountant (CPA) replied 11 months ago
taxmanrog
taxmanrog, Certified Public Accountant (CPA)
Category: Tax
Satisfied Customers: 1,138
Experience: Licensed CPA, MA, MST with 31 years' experience. Teach Accounting and Tax courses at Masters level.
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Welcome to Just Answer! Thank you for giving me the opportunity to assist you! I will do my best to help!

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Customer reply replied 11 months ago
we have the IRS provided tax treaty:
https://www.irs.gov/businesses/international-businesses/germany-tax-treaty-documentsI need to know if the treaty can be used.
Tax Professional: taxmanrog, Certified Public Accountant (CPA) replied 11 months ago

I have specialized in US taxation of foreign income for over 30 years, so this is something I am very familiar with. I had a German doctor collecting a physician's pension.

The income he earned in Germany is foreign-source. Similarly, the pension was earned in Germany, so it is foreign-sourced as well.

Under the US-German tax treaty, the doctor can take a foreign tax credit for the German taxes he paid against the German earnings from both his employment as well as the pension income. If he has any other foreign income as well, the tax on that income can be offset as well. Say, for example, he worked for a period of time as a doctor in Saudi Arabia, where there is no income tax. The earnings from Saudi would be taxed here, but the German taxes could offset the US tax.

I hope this has answered your question. Please let me know if you have any more. And please give me a few minutes to type the response.

Thanks! Have a great week!

Roger

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Tax Professional: taxmanrog, Certified Public Accountant (CPA) replied 11 months ago

I should have mentioned that the credits are claimed by completing a Form 1116, Foreign Tax Credit form.

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Customer reply replied 11 months ago
A foreign tax credit is Form 1116...the Treaty provides relief by offsetting the income by citing the treaty on line 21 of a form 1040. So that was my question, the treaty is not a foreign tax credit, it is more an algebraic offset. The pension and the earned income are different types of income...does the treaty apply?
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