There are numerous benefits to investing overseas — from diversification to the potential for more growth opportunities. But as a U.S. taxpayer, if you’re making foreign investments, Uncle Sam still wants his share of the profits.
Keep in mind, different types of investments may require different tax treatments. Get up to speed with the taxation consequences (and potential penalties) of your foreign investments.
Foreign bank accounts. If the total value of all your foreign financial accounts exceeds $10,000 at any time during the calendar year, you’re required to report your balances to the U.S. Treasury Department.
This is done through a process known as Foreign Bank and Financial Accounts Reporting (FBAR). Failure to disclose these accounts can lead to hefty penalties — up to $100,000 or 50% of the balance in the account.
Foreign gifts and bequests. If you received a generous gift or an inheritance from a foreign relative or friend, the IRS wants to know about it.
When the amount exceeds a certain threshold (currently $100,000 from a nonresident alien or foreign estate), you’re required to report it. While you don’t have to pay taxes on it, failure to report can result in a penalty of 5% of the gift’s value for each month the gift is not reported, up to a maximum penalty of 25%.
Foreign financial assets. If you have money in foreign stocks, bonds or mutual funds, you may need to report these assets to the IRS if they exceed a certain threshold. For unmarried taxpayers living in the U.S, it’s $50,000 on the last day of the tax year or $75,000 at any time during the tax year.
For married taxpayers filing jointly, these amounts jump to $100,000 and $150,000, respectively. Similar to foreign bank accounts and gifts, there are penalties for non-reporting, ranging from $10,000 to $50,000.
Controlled foreign corporations (CFC). If you own more than 50% of the total value of a foreign corporation, it becomes known as a Controlled Foreign Corporation (CFC).
As a shareholder, you may be required to report and pay taxes on your share of the CFC’s income, regardless of whether you receive any distributions. This can result in double taxation — when the income is earned by the CFC and when it is distributed.
Foreign partnerships. As a partner in a foreign partnership, you must report your interest in the partnership, contribution to the partnership or acquisition of the partnership.
Otherwise, you face expensive penalties, including $10,000 each tax year that you fail to report these numbers.
Foreign rental property. Rental income from foreign real estate is subject to taxes in the country where your property is located. But as a U.S. taxpayer, you’re also required to report this income on your U.S. tax return.
You may claim depreciation on your foreign rental property on your U.S. tax return, helping to reduce the taxes you owe.
Passive foreign investment companies (PFIC). A PFIC is a foreign corporation that meets either an income test or an asset test:
- At least 75% of the corporation’s gross income is “passive” — not related to regular business operations
- At least 50% of the company’s assets are investments, which produce income as earned interest, dividends or capital gains
As a U.S. shareholder of a PFIC, you may face high tax rates and interest charges on certain types of income, but taxation varies. For example, gains and distributions received from a PFIC are treated as ordinary income and must be reported. Failure to do so can lead to significant fines and offshore penalties.
Making sense of your tax obligations
Foreign investment taxation is a complex area, but with careful planning, you can navigate these international waters successfully. The experts at Magone & Company can help, working with you to develop a clear, personalized tax plan. Call us at (973) 301-2300 to learn more about our international tax services.
This document is for informational purposes only and should not be considered tax or financial advice. Be sure to consult with a knowledgeable financial or legal advisor for guidance that is specific to your unique circumstances.