back to indexTax_Planning_Advice_for_an_American_Couple_Moving_Abroad_to_Teach
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Welcome to Radical Personal Finance, a show dedicated to providing you with the knowledge, 00:00:03.520 |
skills, insight, and encouragement you need to live a rich and meaningful life now while 00:00:07.560 |
building a plan for financial freedom in 10 years or less. 00:00:12.600 |
Today on the show, I'm going to talk to you about the tax obligations for Americans 00:00:17.620 |
Yesterday on the show, I apologize, I wasn't super happy with it, but anyway, it's out. 00:00:22.520 |
But yesterday on the show, I talked about changing taxes by moving abroad and how effective 00:00:27.680 |
that can be, and I received a very thoughtful and well-written question from one of my patrons 00:00:33.160 |
in planning for a Friday Q&A show, and I thought that I would just go ahead and do a standalone 00:00:38.920 |
And so if you are an American who would like to understand the tax obligations that you 00:00:44.120 |
would have to the United States and also to your prospective new country of residence, 00:00:54.320 |
I've been listening to Radical Personal Finance for several years. 00:00:55.880 |
I appreciate the wealth of quality content you have produced, and I'm happy to support 00:01:00.760 |
"I wanted to reach out, as a supporter of the show, I wanted to reach out with a question 00:01:04.120 |
regarding the taxation of American expats," meaning expatriates, "living abroad. 00:01:08.840 |
I'm not sure if you accept questions this way, but I wanted to try. 00:01:12.300 |
My wife and I are both American citizens considering moving abroad. 00:01:15.800 |
I am a public school teacher, and she is self-employed and works from home. 00:01:19.880 |
She owns a single-member LLC digital marketing business. 00:01:23.440 |
If we moved, I would take a job teaching at an international school, and she would continue 00:01:30.600 |
However, before moving, we want to get a complete and accurate picture of what our tax liabilities 00:01:39.000 |
I will be teaching at an international school, and the school will withhold income taxes 00:01:50.220 |
Her business is registered in Ohio, all of her clients will be in the United States, 00:01:54.760 |
and all income will be deposited into U.S. bank accounts. 00:02:01.320 |
Based on my understanding of the foreign earned income exclusion, all U.S. citizens that qualify 00:02:05.820 |
can exclude up to $105,900 of foreign income for 2019 from their taxes. 00:02:13.060 |
Once I begin teaching abroad, I expect that I will pay income tax to that country's 00:02:17.320 |
government, but will not owe federal income tax to the United States because of the foreign 00:02:24.360 |
No social security or medicare tax because I have a foreign employer, and no state income 00:02:28.460 |
tax as long as I can prove my permanent residence abroad. 00:02:34.880 |
Though she will be living abroad, and doing all of her work abroad, her business will 00:02:38.740 |
be registered in the United States, and all her clients will be in the United States. 00:02:45.160 |
Are my assumptions about my tax liability as a teacher abroad correct? 00:02:49.800 |
Is my wife eligible for the foreign earned income exclusion? 00:02:53.960 |
Will my wife owe social security and medicare taxes on her business income? 00:02:58.800 |
Will my wife owe taxes to the state of Ohio on her business income? 00:03:03.120 |
Does my wife owe any taxes to the country where we will be living? 00:03:06.520 |
What is incredibly frustrating is that I have reached out to numerous tax professionals 00:03:12.580 |
This is information we desperately need before making such a serious commitment. 00:03:16.120 |
Since you are also an American citizen operating a business while living abroad, I hope you 00:03:21.200 |
If you do not know, do you happen to know anyone I could contact to get these answers? 00:03:25.240 |
I hope you're staying sane and healthy in these crazy times. 00:03:28.960 |
Let me take care of the dogs, and then I'll answer your questions. 00:03:32.160 |
First, I thank you for writing such an excellent and orderly question because it will allow 00:03:37.760 |
me in answering your question to lay out basically all of the components of what taxation is 00:03:48.520 |
Let's begin with the first piece of data that you shared, that my wife and I are both American 00:03:55.280 |
It is very important that Americans pay close attention to what I say, but people who are 00:04:01.160 |
not Americans can basically ignore this show, with the exception of your abstract interest 00:04:05.840 |
in American taxation, because the answer is extraordinarily different for Americans as 00:04:12.640 |
compared to any other nationality on earth due to the unique system of citizenship-based 00:04:19.160 |
The first thing is, both you and your wife are considered to be U.S. persons for American 00:04:25.120 |
taxes, and as U.S. persons, that means that the IRS considers that you owe the IRS income 00:04:35.920 |
Now there are basically three categories, three broad categories of people who qualify, 00:04:46.000 |
Any American citizen, be it intentional American citizen, be it native-born American citizen, 00:04:52.000 |
be it naturalized American citizen, any American citizen owes tax to the IRS on their worldwide 00:04:58.840 |
Number two is any holder of a U.S. permanent residency visa. 00:05:05.960 |
So anybody who has the ability to live and work in the United States, who's a permanent 00:05:09.120 |
resident, who's a green card holder, to the extent that their green card is valid, the 00:05:12.880 |
United States considers them to be a U.S. person. 00:05:16.200 |
Say, for example, you come from Mexico and you go to the United States, you get a green 00:05:22.640 |
Your tax obligations to the U.S. government do not end when you physically leave the United 00:05:28.880 |
Your tax obligations only end when you surrender your green card. 00:05:32.360 |
The third category of person who owes taxes to the IRS is somebody who spends a substantial 00:05:37.880 |
amount of time in the United States, somebody who qualifies under what's called the substantial 00:05:44.340 |
You can look up the details of that substantial presence test, but basically if you wind up 00:05:48.640 |
spending more than four months a year in the United States, you'll wind up owing the United 00:05:55.240 |
States tax money based upon your substantial presence inside of the United States. 00:06:01.600 |
It is important to note that the IRS does not look to the immigration system as its 00:06:08.080 |
definition of whether or not somebody is a resident. 00:06:11.400 |
You can fully follow all of the relevant immigration laws and find yourself being a taxpayer, owing 00:06:20.600 |
taxes to the United States, or you can ignore the immigration laws and still find yourself 00:06:25.640 |
So you have to, if you satisfy the substantial presence test, even if you're just a visitor 00:06:29.280 |
visa, you may still wind up owing taxes to the U.S. government. 00:06:34.160 |
In your case, your system is simple though because both you and your wife are American 00:06:38.440 |
citizens and for as long as you are American citizens, you will owe the U.S. government 00:06:45.680 |
taxes on your worldwide income, anywhere it's earned in the world, subject to three basic 00:06:53.360 |
One, the foreign earned income exclusion, which is the bulk of our conversation here. 00:06:57.160 |
Number two, the foreign housing deduction or foreign housing exclusion. 00:07:05.440 |
I'm a public school teacher and she is self-employed and works from home. 00:07:08.480 |
She owns a single member LLC digital marketing business. 00:07:11.640 |
If we moved, I would take a job teaching at an international school and she would continue 00:07:18.400 |
So first, are my assumptions about my tax liability as a teacher abroad correct? 00:07:24.360 |
If you move abroad, you will have two systems of tax authorities to think about. 00:07:33.040 |
With regard to the United States, the first question is, are you going to qualify for 00:07:40.800 |
There are two ways that you qualify for the foreign earned income exclusion. 00:07:44.160 |
The first way is called the strict days test, where you count the number of days that you 00:07:49.000 |
are physically present inside of the United States. 00:07:52.820 |
If that number is fewer than 35 days within a rolling 12 month period, you will qualify 00:08:02.040 |
Simple fact pattern, you leave the United States on January 1 and you do not return 00:08:09.640 |
For the entire calendar year, you will qualify for the foreign earned income exclusion. 00:08:15.260 |
If you leave on June 1 and return on the following June 1, you will get a 50% of the exclusion 00:08:23.400 |
that can be applied to your income for the tax year, but you don't have to be gone for 00:08:30.980 |
So that's called the strict days test that gives you up to 35 days inside the United 00:08:36.440 |
And when you fill out that form, you just simply say, here's the number of days that 00:08:38.700 |
I have been present inside the United States. 00:08:41.340 |
If it is less than 35, then you will qualify for the foreign earned income exclusion. 00:08:46.500 |
The foreign earned income exclusion will allow you to not owe federal income tax on your 00:08:56.200 |
That number changes each year based upon an inflation adjustment. 00:08:59.320 |
So it's usually about $106,000, but it will avoid your income tax on the first $106,000 00:09:07.360 |
It will not save you money on capital gains taxes. 00:09:09.960 |
It will not save you money on unearned income, but on your earned income, that will eliminate 00:09:14.600 |
your tax liability to the United States on your first $106,000 of tax liability. 00:09:20.420 |
The second way that you qualify for the foreign earned income exclusion is based upon what's 00:09:24.400 |
called the bona fide residency test, which means do you live somewhere else? 00:09:29.640 |
Genuinely, legitimately, truly, are you a bona fide resident elsewhere? 00:09:34.160 |
If you've moved from the United States to London and you own a house in London and you 00:09:38.920 |
have a permanent resident visa in England and/or maybe you're a British citizen and 00:09:44.400 |
all of your center of life is there and you don't really have many connections to the 00:09:47.720 |
United States, there's a long series of tests basically, you could prove, "Look, I'm a bona 00:09:56.280 |
Under that circumstance, you have a little bit more flexibility with the amount of time 00:10:01.520 |
In theory, you could spend up to a few months a year each year in the United States and 00:10:05.720 |
still qualify for the foreign earned income exclusion. 00:10:09.160 |
But then again, you still need to avoid triggering the substantial presence test. 00:10:13.520 |
So in that situation, your assumptions about your tax liability as a teacher are correct. 00:10:18.440 |
If you have moved abroad and you're teaching in an international school in a foreign country, 00:10:26.000 |
And as long as you qualify for the foreign earned income exclusion, you will not owe 00:10:29.080 |
the United States any taxes on that particular, on that first $106,000 of income. 00:10:39.840 |
You will owe taxes to the place that you are a tax resident. 00:10:43.840 |
So this would vary depending on the specific country that you are working in. 00:10:48.480 |
If you moved to England or let's use the Netherlands, right? 00:10:52.040 |
You moved to the Netherlands and you're working in an international school as a teacher and 00:10:57.440 |
you're there in the Netherlands all year, then of course you'll be a tax resident of 00:11:01.600 |
the Netherlands and you will owe taxes to the government of the Netherlands due to your 00:11:09.240 |
And you will owe them both employment taxes, contributions to the social security system 00:11:13.680 |
in the Netherlands, as well as income taxes to the Netherlands government. 00:11:19.320 |
And your tax structure with the United States does not affect that. 00:11:23.160 |
That's based upon your physical presence in the Netherlands. 00:11:26.400 |
Now if you moved to a lower tax country or no income tax country, say for example you 00:11:31.320 |
moved to Dubai and you take a job at an international school in Dubai, Dubai has no income tax. 00:11:35.960 |
Well in that situation you would not owe any income tax to the Dubai government because 00:11:42.880 |
What you would want to look up is you want to look up what is tax, what are the rules 00:11:46.160 |
of tax residency for each country that you're looking at. 00:11:51.840 |
Some countries are very, very tight on what it means to be a tax resident and it's very 00:11:57.440 |
For example, a country like Switzerland has a very short period of time, I think it's 00:12:02.480 |
If you're in the country more than 90 days, there's a good chance that Switzerland is 00:12:05.720 |
going to claim that you're a tax resident of that country. 00:12:09.380 |
Other countries have a much looser period of time. 00:12:11.800 |
Some countries may still have the old standard of if you're in the country fewer than six 00:12:19.800 |
And so in those countries it might be possible. 00:12:22.960 |
Let's just pretend, what country should I use? 00:12:27.240 |
I guess we could use a country like Australia. 00:12:29.400 |
Australia has a three-part test to qualify for whether you're a tax resident. 00:12:34.360 |
The first part is the resides test where you actually reside, where is your physical presence, 00:12:40.760 |
what's your intention and purpose, where is your family located, where do you have ties, 00:12:43.640 |
where are your assets, what are your living arrangements. 00:12:45.840 |
The second is the domicile test and then the third is 183-day test. 00:12:50.200 |
And so the six-month test, basically the 183-day test is the third test. 00:12:56.260 |
If you satisfy either of the first two then they'll qualify you as a tax resident. 00:12:59.940 |
But if you didn't do those things and you were in the country fewer than 183 days, then 00:13:04.440 |
in theory maybe you wouldn't actually become an Australian tax resident for tax purposes. 00:13:08.900 |
So as an American, let's say that you went to Australia and you were going to be teaching 00:13:12.860 |
at a school but you didn't actually take up residence there. 00:13:15.200 |
You just rented a temporary Airbnb apartment and you were only there during the time when 00:13:22.140 |
school is in session, which would be less than 183 days perhaps. 00:13:28.100 |
Well, in theory something like that might qualify you as not being a tax resident if 00:13:36.420 |
And so you want to think about where you actually are. 00:13:38.840 |
Now I understand that you're probably not a weirdo. 00:13:40.940 |
You're going to move somewhere, live there genuinely. 00:13:43.260 |
But you do want to pay attention to what you're actually paying, where you actually are. 00:13:49.020 |
So your tax obligations to that foreign government are going to be exactly that way. 00:13:56.220 |
Is your wife eligible for the foreign earned income exclusion? 00:13:59.520 |
Well the answer is if she qualifies for the results. 00:14:03.160 |
But there is nothing in the, if she passes the test for the foreign earned income exclusion, 00:14:09.900 |
There's nothing in the foreign earned income exclusion that applies to where her business 00:14:18.140 |
It's all about where she is physically located. 00:14:20.660 |
Now what's probably tripping you up is when you read the foreign earned income exclusion, 00:14:24.140 |
the first thing is, let's see, it's called the tax home test, right? 00:14:30.460 |
That in my understanding is just basically where do you do the work from, right? 00:14:40.660 |
You're listening to me in the United States right now. 00:14:42.520 |
That doesn't matter for the foreign earned income exclusion. 00:14:47.020 |
And the tax home test is much more of a factor for people who are offshore workers, sometimes 00:14:56.420 |
But in your situation, you don't need to worry about that. 00:14:59.820 |
So the physical location of her business is irrelevant. 00:15:02.660 |
The fact that she does her business in the United States as a single member LLC doesn't 00:15:07.180 |
The fact that all of her customers in the United States doesn't matter. 00:15:11.840 |
The foreign earned income exclusion covers her based upon where she is. 00:15:15.660 |
So if she satisfies the tests, the tax home test, which is easy, and then either the strict 00:15:20.900 |
days test or the bona fide residency test, she will qualify for the foreign earned income 00:15:26.400 |
And her qualification for the foreign earned income exclusion will exempt the first $106,000 00:15:37.220 |
So given the constraints that you laid out in your case where you said both of you will 00:15:40.540 |
be earning less than $106,000, if you go abroad, you move abroad, and you're outside of the 00:15:45.820 |
United States for at least 330 days per year, then you will both qualify and not owe any 00:15:51.940 |
federal income taxes on your first $212,000 of income split between the two of you. 00:15:59.180 |
Now the next question, will my wife owe Social Security and Medicare taxes on her business 00:16:07.780 |
So as things stand currently, she is working as a single member LLC in the United States. 00:16:13.360 |
And so if she simply moves abroad, she's still going to be working for her single member 00:16:20.300 |
And so yes, in that situation, she will owe employment taxes based upon how she has that 00:16:27.380 |
If the single member LLC is electing to be taxed as a sole proprietorship, then she will 00:16:33.440 |
If the single member LLC is electing to be taxed as an S corporation, then she'll owe 00:16:40.460 |
Nothing will change there because she's working for an American company. 00:16:44.460 |
Now if she doesn't want to owe those employment taxes, what you could do is you could arrange 00:16:54.220 |
And the simple solution here, since she already owns a single member LLC, would be for her 00:16:58.820 |
to keep everything as it is, but simply to transfer the member interests of her single 00:17:05.420 |
member LLC from her ownership to the ownership of a foreign corporation. 00:17:12.300 |
And if she does that, then she will be able to eliminate her employment tax obligations 00:17:20.460 |
From the perspective of her customers, nothing will change. 00:17:23.600 |
With a single member LLC, nothing will change. 00:17:25.660 |
All of her bank accounts will still be there. 00:17:27.900 |
All of her, she can run her PayPal or her Stripe account. 00:17:35.960 |
Everything is exactly like a US front-facing company. 00:17:40.860 |
And nothing has to change with regard to any of the infrastructure of her business. 00:17:45.520 |
But if she sells or otherwise transfers her single member LLC member units from her to 00:17:51.700 |
a foreign corporation that she owns, what will happen is the IRS will ignore the existence 00:18:03.620 |
And the IRS will look up one level and say, "Who owns the single member LLC?" 00:18:08.600 |
The single member LLC is a disregarded entity for tax purposes. 00:18:12.660 |
And so she can establish an offshore corporation. 00:18:15.180 |
She can transfer the member units of the LLC to the offshore corporation. 00:18:20.300 |
And now the IRS will view her as being the employee of an offshore corporation. 00:18:25.940 |
And as an employee of an offshore corporation who qualifies for the foreign earned income 00:18:30.500 |
exclusion, now she will not currently owe any kind of employment taxes to the IRS because 00:18:43.480 |
In the same way that you moved outside of the United States and you moved to a foreign 00:18:47.460 |
country and you now start working for a foreign company, you no longer have to pay US-based 00:18:53.780 |
employment taxes because you now have to pay local employment taxes. 00:19:03.260 |
If she moves outside of the United States and she no longer works for a US-based company 00:19:07.660 |
because of the fact that she now works for this offshore company, she will no longer 00:19:11.660 |
owe United States employment taxes, but she may now owe offshore employment taxes. 00:19:19.860 |
And the answer as to whether she does or doesn't is going to depend on the jurisdiction in 00:19:25.260 |
Again, what are the laws of that local place? 00:19:31.740 |
If the local jurisdiction allows her to work online and not legally owe any local employment 00:19:38.820 |
taxes because they don't have a system of employment taxes or because an online business 00:19:43.900 |
working in some other jurisdiction qualifies in a third place, then she could legally eliminate 00:19:50.260 |
However, if she moves to a place where they require contributions to the local social 00:19:54.460 |
insurance programs, then of course she's going to owe those contributions to the local social 00:20:00.780 |
So you've got to think about where you're leaving, which is the United States, and think 00:20:03.940 |
about where you're going to, which I don't know, but you've got to research the laws 00:20:09.980 |
And then the ideal solution is you want to be thoughtful. 00:20:13.320 |
From the tax perspective, which most people, taxes are not how they drive their life, nor 00:20:18.180 |
You want to move to a place because you want to live there. 00:20:20.660 |
You might consider taxes, but most of the time you just want to move there because that's 00:20:25.820 |
But to the extent that you're doing the tax planning as a primary consideration, you want 00:20:30.460 |
to be thoughtful and strategic about the exact place that you go. 00:20:34.100 |
Now the fact that she works online may give her a little bit more liberty with the jurisdictions 00:20:43.860 |
If you are an employee and you're working in one local place, you don't have any flexibility. 00:20:49.060 |
Because in the same way that if a Japanese citizen moved to the United States and took 00:20:53.380 |
up a job teaching in an international school in the United States, they would have to pay 00:20:56.940 |
Social Security and Medicare, you have exactly the same thing if you go to Japan. 00:21:01.140 |
But with the online business thing, there may be a little bit more flexibility, but 00:21:07.120 |
So you want to think through that carefully, but that's the way the law is structured. 00:21:11.300 |
Now is it worth it for her to go ahead and do that? 00:21:15.060 |
What I would say is the first thing is you're going to add some additional expense. 00:21:19.500 |
She already has a single member LLC, so she's already paying the fees to maintain that entity 00:21:26.340 |
If she establishes an offshore corporation, she will have to pay additional fees to maintain 00:21:29.940 |
that to the country that issues that corporation. 00:21:35.660 |
Those fees can range from modest to quite expensive. 00:21:38.740 |
There are various jurisdictions that you can incorporate an international business company 00:21:46.620 |
There are other jurisdictions that are incredibly expensive. 00:21:49.260 |
Now from her situation, what I would say is I don't see any reason why she would need 00:21:53.100 |
to have any kind of name brand expensive corporation. 00:21:57.020 |
She's not trying to start something where she's going to have physical employees all 00:21:59.180 |
over the world and it makes all the difference in the world that she's based in Hong Kong 00:22:06.640 |
The only person that's ever going to know that she has an offshore corporation is the 00:22:10.100 |
IRS because she'll have to file additional tax forms for it. 00:22:13.100 |
But that's the only person that's ever going to know that she actually has an offshore 00:22:16.900 |
Her clients, it'll be invisible to her clients because all the businesses, all the bank accounts, 00:22:21.220 |
all of that stuff is run through the US based company. 00:22:29.420 |
It'll add some additional expense to establish that corporation. 00:22:35.640 |
It also will add some additional expense to preparing the taxes. 00:22:38.960 |
If you own an offshore corporation, the tax burden, the paperwork burden becomes really 00:22:47.260 |
And it's probably going to require you to hire a specialized offshore tax preparation 00:22:52.660 |
expert which would be going rates, $500 a year, something like that, in that range to 00:23:01.260 |
And so you have to ask yourself how much money am I actually going to be saving based upon 00:23:06.260 |
If she's only going to owe a couple thousand dollars, if her income is $30,000 and she's 00:23:10.460 |
going to owe 15% of that, it's only a few thousand dollars of actual cost, then it may 00:23:18.900 |
not be worth the offshore thing, especially given the fact that in theory, employment 00:23:25.040 |
When you make contributions to the Social Security Administration, in theory, you might 00:23:30.260 |
When you make contributions to the Medicare system, in theory, you might get some benefit 00:23:34.180 |
I don't count on that stuff much, but I'm fairly young. 00:23:39.060 |
I just think it's a giant black hole Ponzi scheme that you have to throw money into. 00:23:43.780 |
But for someone who's older, it may be useful, right? 00:23:45.940 |
Someone who's earning a high income and every year that they're earning $150,000 bumps out 00:23:51.420 |
a year where they were earning $10,000 earlier in their Social Security calculation, okay, 00:23:56.160 |
it works out and that's a decent thing to do. 00:23:59.260 |
The other thing that you need to think about, depending on the country that you are going 00:24:02.700 |
to is does the country that you're going to have a totalization agreement with the IRS? 00:24:07.580 |
The foreign earned income exclusion does not depend upon any kind of interface with another 00:24:16.260 |
It's just exclusively based upon are you in the United States or not. 00:24:20.620 |
But with regard to Social Security programs, you might want to look in, you know, you do 00:24:24.760 |
want to look into does the country that I anticipate moving to have a totalization agreement 00:24:31.760 |
So if you were moving to, I said earlier, the Netherlands, right? 00:24:35.260 |
You're going to go and teach in an international school in the Netherlands. 00:24:38.260 |
Well, you look up the totalization agreement between the United States Social Security 00:24:42.100 |
Administration and the Netherlands and basically instead of having to pay taxes to both systems, 00:24:51.060 |
And so in her case, what you need to look at is, okay, if she's living in the Netherlands, 00:24:54.940 |
if she's required to contribute to the local Dutch social insurance programs, can she receive 00:25:00.140 |
credits for those under the Social Security tax system? 00:25:02.740 |
In which case, the idea of needing to work for a foreign corporation may be unnecessary. 00:25:07.500 |
You'd have to ask the question of where do you reside and if you're self-employed, where 00:25:16.860 |
Those are bilateral agreements that have been negotiated between the United States and each 00:25:20.580 |
of those countries and they exclusively affect your credits under the various social insurance 00:25:31.940 |
So you need to understand that and that's dependent on the specific country that you're 00:25:36.820 |
Now, the benefit that I've talked about for US citizens, there are a lot of disadvantages 00:25:44.700 |
One of them, one big one is the citizenship-based taxation. 00:25:49.000 |
But an advantage for US citizens is because you're already considered to be a US taxpayer, 00:25:55.180 |
if you want to, you can set up fairly easily a lifestyle where you just simply don't become 00:26:02.860 |
Now that's not going to work if you are sitting in one place. 00:26:06.200 |
But let's say that you started an educational, instead of teaching inside a physical classroom, 00:26:11.420 |
you took your teaching online and you started teaching your subject matter expertise to 00:26:18.140 |
And instead of choosing one country to move to, you chose a couple or three countries 00:26:22.160 |
to move to, and you spent time in each of those three countries. 00:26:25.220 |
Well now, you can put yourself in a situation where yes, you are still subject to the US 00:26:29.620 |
tax system, subject to the foreign earned income exclusion as we've talked about, but 00:26:34.020 |
you now have a freedom from those other countries. 00:26:38.020 |
You don't have to be a part of the Netherlands, of the Dutch social insurance program, if 00:26:44.100 |
you're only in the Netherlands for three months, because you don't become a tax resident any 00:26:48.620 |
more than any other visitor comes for 90 days. 00:26:52.260 |
And so if you both were working online and if you wanted to live that kind of flexible 00:26:55.900 |
move around nomad lifestyle, then that can result in a superior tax structure for you 00:27:04.180 |
that would allow you legally to live tax free if you have a business, an actual business. 00:27:08.580 |
You can't do that as a freelancer, but if you have an actual business, that could allow 00:27:11.860 |
you to live totally tax free on your first $106,000 for you and your first $106,000 for 00:27:20.860 |
Most of that's not going to be relevant for most people, but it is an option if to the 00:27:24.420 |
extent that the taxes pay factor into your overall situation. 00:27:29.740 |
Now before we go on to the other two questions that you asked, I want to make a comment on 00:27:35.780 |
the foreign tax credit, because the foreign earned income exclusion and the foreign tax 00:27:44.380 |
You can qualify for the foreign tax credit without qualifying for the foreign earned 00:27:51.500 |
So you move to the Netherlands and you're in the Netherlands for eight months every 00:27:55.620 |
year and based upon tax residency in the Netherlands, you owe the Netherlands a tax on your income. 00:28:04.380 |
Pretend that your wife owes the Netherlands tax on her income because she's a tax resident 00:28:08.940 |
You're both enrolled in the local Dutch social insurance programs and you're quite happy 00:28:17.460 |
Well in this situation, you're going to be paying a higher tax rate in the Netherlands 00:28:22.180 |
than you are in the United States, but in this situation it doesn't matter whether you 00:28:26.300 |
qualify for the foreign earned income exclusion or not, because what you could do is you could 00:28:31.620 |
So what you would do is you would reduce your US taxes by the amount that you are paying 00:28:39.820 |
So if you move from the United States to a higher tax jurisdiction and you wind up owing 00:28:45.140 |
more taxes to that foreign jurisdiction, then the foreign earned income exclusion doesn't 00:28:49.780 |
matter because you could actually zero out your tax obligation to the United States based 00:28:54.500 |
upon the foreign tax credits, not based upon the foreign earned income exclusion. 00:28:58.540 |
So if your decision is a lifestyle decision, we want to live in Amsterdam, we love it here 00:29:03.820 |
and we just want to live here, but we're going to go back to the United States for four months 00:29:07.620 |
a year, doesn't really matter if you qualify for the foreign earned income exclusion or 00:29:11.020 |
not because you're paying more to the Dutch government. 00:29:15.660 |
And so you can take a foreign tax credit of your foreign taxes paid and since those foreign 00:29:20.580 |
taxes will be higher than the United States taxes, you'll wind up with a net tax liability 00:29:24.300 |
to the United States government of basically zero dollars. 00:29:27.260 |
Now if you move to a lower tax jurisdiction, if you were teaching in Dubai instead of the 00:29:31.300 |
United States, then now all of a sudden that's where that tax planning really comes into 00:29:36.220 |
play where you've got to make sure that because you're now not paying any foreign income taxes, 00:29:40.700 |
you can't take a foreign tax credit to the United States government. 00:29:44.180 |
And so now the foreign earned income exclusion is your exclusive tax savings for the US government. 00:29:50.180 |
So it all depends on what jurisdiction you're going to. 00:29:53.300 |
Question number four that you have asked, will my wife owe taxes to the state of Ohio 00:29:58.500 |
The answer is depends on the state of Ohio on what the state of Ohio considers to be 00:30:04.740 |
income and what they charge for you and also for a company that is a tax resident of that 00:30:11.060 |
And so you've got to do the research for you and also for the business. 00:30:14.660 |
So the first thing is you look up, go to duckduckgo.com and search Ohio tax residency and you'll pull 00:30:21.860 |
up the page for your state and it'll tell you what Ohio considers to be tax residency 00:30:29.380 |
These tax residency requirements vary across the states. 00:30:32.060 |
I don't know what they are for Ohio, easy for you to find it out. 00:30:35.060 |
But usually many of them, if you qualify for the foreign earned income exclusion, many 00:30:39.220 |
states will use that as a tax residency test or they might have some other test. 00:30:44.120 |
And so if you're physically not present in that state, generally it's easy enough for 00:30:47.760 |
you to avoid the taxes and most states are going to be fine that way. 00:30:53.020 |
What I'd recommend to you is if your state will easily allow you to not be a resident 00:30:57.020 |
of that state for you for personal income taxes because you are abroad and if you're 00:31:01.740 |
going to be abroad, then it'll be easiest for you just to keep your infrastructure set 00:31:07.100 |
You already have your Ohio driver's licenses, you have an Ohio address, maybe move your 00:31:10.660 |
address from your house to your mom's house so that she can collect the mail for you. 00:31:14.540 |
You update, use that address on your driver's license, move your credit cards there, etc. 00:31:18.460 |
But you can just keep all your infrastructure in that state. 00:31:20.700 |
The reason why you might want to do that is because it'll keep some of your other financial 00:31:26.180 |
So for example, your will, you might have a will that was subject to the state laws 00:31:30.820 |
Well, that's your will that's enforced because your domicile is in Ohio. 00:31:33.820 |
If you're moving abroad for a couple of years, you wouldn't want to move your domicile 00:31:36.900 |
to another state and then put in force a will that's enforced under the laws of another 00:31:41.780 |
So keep your state if you can easily enough avoid tax residency in your state for you. 00:31:45.140 |
However, what about for your, what about for your, well, what if they don't allow that? 00:31:52.020 |
What if the tax residency laws in your state are really onerous, right? 00:31:55.660 |
You live in California or New York and they're just totally, they're going to get you even 00:32:00.900 |
Sorry, Californians and New Yorkers, just my mouth gets ahead of me sometimes. 00:32:09.180 |
Well, in that situation, move to another state. 00:32:11.940 |
So you would move to a no income tax state would be the simplest and most obvious solution. 00:32:24.100 |
Just move to a Nevada, other no income tax states. 00:32:27.060 |
The easy ones, if you're going to be truly abroad, you'll find that South Dakota and 00:32:30.740 |
Texas and Florida work really well for you because they allow nomad residency in those 00:32:37.860 |
But move yourself and all your stuff to one of those states. 00:32:40.140 |
And if you do that, then you can properly move out of the state of high taxes. 00:32:44.740 |
And you want to do that before you go abroad. 00:32:47.940 |
Well, again, check the laws of business residency in the state. 00:32:51.320 |
If the business is being taxed at the entity level, then yes, if the business is located 00:32:59.440 |
Find out what tax residency qualifies for in your state based upon the business being 00:33:03.380 |
there and how the state imposes taxes on that. 00:33:06.600 |
And then move your business to a no income tax state. 00:33:10.320 |
So you can move your business from a state like from Ohio to Nevada or to Wyoming and 00:33:19.100 |
just simply move your LLC outside of the state of Ohio to one of those states. 00:33:22.820 |
And then you would avoid needing to owe taxes to that state in which the LLC is there. 00:33:29.820 |
Now for a digital business, if she's a digital marketing consultant, that probably should 00:33:36.420 |
If you have a business that has physical property in a certain state, then you almost always 00:33:40.860 |
need, it's almost always easier to register that business in your actual state of residence. 00:33:46.060 |
Because when you go to register, you know, you've got a pool company. 00:33:50.040 |
When you go to register your vans with a local DMV, they're going to pull up the local state 00:33:55.460 |
corporate filings and say, "Are you registered in our state?" 00:33:58.340 |
And you've got to be registered in the state in which you do business. 00:34:00.960 |
But with something like a marketing consulting business or a digital business, it should 00:34:04.060 |
be fairly easy for her to just use one of those other business friendly states that 00:34:09.540 |
And so that's what I would do from the very beginning is make sure that her business income 00:34:14.940 |
is being earned in a state that doesn't charge taxes at the business level. 00:34:21.120 |
And so she might need to move, if Ohio is unfriendly to that, she might need to move 00:34:24.860 |
her Ohio single member LLC to a single member LLC from another state. 00:34:31.560 |
Number five, does my wife, so that's the answer to number four, would my wife owe taxes in 00:34:37.300 |
Number five, does my wife owe any taxes to the country where we will be living? 00:34:40.520 |
Answer is, it depends on the laws of that country. 00:34:43.340 |
For most countries, the vast majority of countries, the answer is yes. 00:34:47.680 |
If you move to that country and you live in that country, you're going to owe taxes to 00:34:53.080 |
that country because most countries are going to impose income taxes on you. 00:34:57.860 |
Now there are a few exceptions to that and your wife may or may not qualify to one of 00:35:01.520 |
those exceptions based upon where she's earning her income. 00:35:04.520 |
So if you move to Canada, you're not going to qualify because Canada has a very similar 00:35:08.400 |
tax system to the United States, except it's residency based. 00:35:13.080 |
You're going to owe taxes on your worldwide income. 00:35:15.280 |
And so her offshore company is not going to save her any money in Canada. 00:35:19.200 |
In fact, it could make everything more complicated. 00:35:21.800 |
However, if you move to a country that has a territorial system of taxation, either no 00:35:26.720 |
taxes due, the Bahamas, Dubai, Cayman Islands, et cetera, or you move to a country that has 00:35:32.300 |
a territorial tax system, then it should be much more doable for you to establish the 00:35:38.400 |
ability for her income to be earned offshore. 00:35:42.100 |
So the big premier territorial tax jurisdictions would be places like Hong Kong, Singapore, 00:35:48.040 |
close to the United States would be Panama, Costa Rica, Nicaragua, what else? 00:35:56.840 |
There's Paraguay sometimes, Uruguay, you could set up a zero tax residency in Uruguay if 00:36:04.880 |
And so there'd be a number of different ways that depending on the country that you're 00:36:09.880 |
And so let's say that she has her company in a foreign country and let's say you move 00:36:16.740 |
But she runs her business through a Panama IBC. 00:36:19.140 |
Well, in that situation, because her income is being earned outside of the jurisdiction 00:36:24.020 |
of Singapore, she wouldn't owe the Singapore government any taxes on her income because 00:36:31.940 |
You would because you're earning income in Singapore, but she would not. 00:36:36.180 |
And there are bunches, about 25 territorial tax countries in the world that you could 00:36:42.320 |
I think that's the most just system of income taxation. 00:36:46.300 |
So I think those are good signs of a good place to go, but that's the answer. 00:37:00.120 |
And the reason why you're getting a lot of different answers on this stuff is because 00:37:05.700 |
You've got to deal with basically four different sets of tax codes. 00:37:09.560 |
You have to deal with income taxes and employment taxes in the United States. 00:37:13.920 |
And then you have to deal with income taxes and employment taxes in the country, in your 00:37:19.520 |
And those are all very intertwined and it's very unusual that you would find somebody 00:37:26.400 |
I'm not even competent because there's so many countries in the world. 00:37:31.900 |
But what you would want to do is you would want to get advice from the US perspective, 00:37:35.860 |
which I've just given to you, and then you would want to get advice in your local perspective. 00:37:39.620 |
And so you'll need to speak to somebody locally because the Irish laws are going to be very 00:37:44.940 |
It would be very different than the Panama City laws. 00:37:47.560 |
And so you do need that local expertise, but that's why you're getting a bunch of different 00:37:53.500 |
The most important thing that you're going to need to home in on is what country you're 00:37:58.420 |
actually going to be working in because that's going to make all the difference in the world 00:38:04.260 |
in terms of what tax treaties does that country have. 00:38:08.680 |
So if you were a Brit, right, and you come to me and I'm doing tax planning, well, what 00:38:12.140 |
you do, the first thing you do is sit down and say, "What are the tax treaties that each 00:38:15.860 |
And so this makes all the difference in the world with where you go. 00:38:21.380 |
And that's why I'm zooming in on, and I made very clear that this structure was very different. 00:38:28.260 |
But because for US citizens, it doesn't matter where you go. 00:38:31.140 |
And for US citizens, you can live totally tax-free if you're willing to move around 00:38:35.360 |
and not become a tax resident of another place. 00:38:37.980 |
But that's very different than if you for other people. 00:38:42.220 |
And so what would happen is depending on the country you go to, that's going to drive the 00:38:51.940 |
You could move to, I mean, there's so many little tax havens that you could do. 00:38:56.700 |
I can't give more examples, otherwise I'd just go too far off. 00:39:03.720 |
So let's say that you say, "Okay, I'm going to move to Portugal, and we're going to become 00:39:11.500 |
And I'm going to teach in a local school, but she's going to maintain a non-habitual 00:39:15.140 |
resident scheme so that she can enjoy the tax exemption in Portugal." 00:39:20.700 |
In which case, everything is simpler, though. 00:39:22.500 |
But it's because of the wrinkles within the Portuguese system. 00:39:28.460 |
It's a really good option right now for many people around the world who want a chance 00:39:33.100 |
to live in Europe and who don't, again, for non-Americans or if you're trying to create 00:39:41.700 |
If you want to live in Europe, but you want to live in Europe tax-efficiently, applying 00:39:47.240 |
for the Portugal Golden Visa program and becoming a non-habitual tax resident gives you access 00:39:51.260 |
to the European Union, gives you the ability to live there, and you can eliminate your 00:39:55.860 |
taxes or keep them very low, depending on the deal that you set up, for 10 years. 00:40:03.460 |
But that's a unique thing to Portugal that Spain does not offer. 00:40:06.660 |
So clarify the country you're going to and then research that country's taxes. 00:40:13.300 |
And then part of your research will then have to go to what tax treaties does that country 00:40:19.180 |
At the end of the day, what I would say is don't make your decision based exclusively 00:40:33.620 |
At the end of the day, though, if saving money on taxes causes you to try to have to live 00:40:40.020 |
somewhere where you don't want to live or causes you to try to have to do something 00:40:44.020 |
that you don't want to do or live a lifestyle that you don't want to live, then it just 00:40:52.420 |
Now as a balancing factor, let's say you're trying to choose between do I want to live 00:41:03.720 |
And I can live in Russia and I can pay 10 or maybe 13% on my income. 00:41:07.300 |
Or if I live in London, I'm not going to be a non-domiciled. 00:41:15.740 |
All of a sudden now Moscow is looking a little bit better. 00:41:18.580 |
You know, Russia is a very, very reasonable low tax place. 00:41:26.120 |
If you don't want to live in Russia and you're just moving there for income taxes, it's not 00:41:30.740 |
But if you want to live in Russia because you like the culture and you enjoy, you know, 00:41:35.060 |
the city and you enjoy everything about it and the taxes is one, you know, cherry on 00:41:41.100 |
I just don't think it makes sense to start with tax planning as your primary solution. 00:41:46.440 |
Most people who leave the United States don't leave for the purpose of tax savings. 00:41:49.960 |
Most people leave the United States move to higher tax jurisdictions, right? 00:41:57.220 |
All of those jurisdictions are higher tax jurisdictions in the United States. 00:42:00.540 |
Very few people live in the Bahamas full time just because they can do it with no tax. 00:42:05.300 |
Now that varies depending on the amount of income that you're earning. 00:42:11.140 |
If you're making, you know, I remember a year or so ago there was a guy who called into 00:42:17.900 |
the show who had been living in the Cayman Islands. 00:42:20.060 |
I think he was making half a million, $700,000 a year, something like that. 00:42:23.340 |
Well, the US taxpayer is paying a couple hundred thousand dollars per year of taxes to the 00:42:31.860 |
So he can hold a blue passport, didn't go back to the United States, lives in the Cayman 00:42:44.220 |
Why should you pay the United States $250,000 a year of taxes when you could just simply 00:42:50.000 |
go and buy yourself a, you know, a citizenship with any of the Caribbean citizenship by investment 00:42:57.260 |
programs, Dominica or St. Kitts or Granada or St. Lucia, any of them, right? 00:43:01.860 |
Buy yourself a citizenship from any of those for $100,000 to $200,000 and renounce your 00:43:08.620 |
And now every year going forward, all of your income is now income tax free from the benefit 00:43:16.040 |
Because if you are a, you know, a Dominican living in the Cayman Islands earning $700,000 00:43:22.740 |
a year, the full $700,000 is going right in your pocket instead of siphoning off $250,000 00:43:31.420 |
In that kind of situation, it makes a lot more sense to think carefully about tax planning 00:43:37.880 |
But if you're earning $50,000 as a teacher, as a classroom teacher, the tax obligation 00:43:44.260 |
of $50,000 as far as income taxes is not so substantial that it's going to be life-changing 00:43:52.080 |
And so in that situation, I think you go, "Where do I want to go?" 00:43:55.420 |
And so hopefully that gives a little texture to the advice, but I think it's a great question. 00:44:05.580 |
If you'd like more information, remember I have a course on a lot of, which is based 00:44:10.380 |
on international relocation called How to Survive and Thrive During the Coming Economic 00:44:15.580 |
You can find that at radicalpersonalfinance.com/store. 00:44:18.020 |
Check that out there, radicalpersonalfinance.com/store.