This page was published in 2002
HIGHLIGHTS OF THIS ISSUE
These synopses are intended only as aids to the reader in identifying the subject matter covered. They may not be relied upon as authoritative interpretations.
Rev. Rul. 2002-16, page 740.
This ruling confirms that the Netherlands investment yield tax is a tax for which a credit may be allowed under Article 25(4) of the U.S.-Netherlands income tax convention because, under Article 2(2), it is substantially similar to a prior Dutch tax that was a covered tax under the convention.
Rev. Rul. 2002-16, 2002-15 I.R.B. 740
Internal Revenue Service (I.R.S.)
UNITED STATES -- KINGDOM OF THE NETHERLANDS INCOME TAX CONVENTION
Published: April 15, 2002
International Taxpayer - Special Issues
International Taxpayer International Taxpayer - Special Issues Making or Changing Your Choice You can make or change your choice to claim a deduction or credit ...
"Certain treaties have special rules you must consider when figuring your foreign tax credit if you are a U.S. citizen residing in the treaty country. These rules generally allow an additional credit for part of the tax imposed by the treaty partner on U.S. source income. It is separate from, and in addition to, your foreign tax credit for foreign taxes paid or accrued on foreign source income. The treaties that provide for this additional credit include those with Australia, Austria, Canada, Finland, France, Germany, Ireland, Israel, Mexico, the Netherlands, New Zealand, Portugal, South Africa, Sweden, and Switzerland. The worksheet for this additional credit is found in the back of IRS Publication, 514 Foreign Tax Credit for Individuals."
International Taxpayer - Researching Tax Treaties
Is there an office located in Germany, which provides assistance on American tax obligations?
What countries fall under the jurisdiction of the IRS office in Berlin, Germany?
Where should I file my tax return?
What was the average exchange rate for the Euro to the Dollar to be used when filing the 2003 tax return?
When is my tax return required to be filed?
Can I pay my taxes in other than American dollars?
I am a U.S. citizen living overseas with no U.S. income but substantial foreign income. Must I file a U.S. tax return?
I am a U.S. citizen but had little income. Must I file a return?
I was transferred overseas by my employer and am filing a tax return for the first time from an overseas location. What is my tax situation?
I am a U.S. citizen who has lived abroad for several years and didn't know I had to file a U.S. tax return. What do I do now?
I am a U.S. citizen living overseas with U.S. investments. Do I need to do anything special about them?
I am a German citizen who recently sold U.S. real estate and a 10% amount was withheld in the U.S. from the selling price. What do I need to do now?
I am a German citizen who will be sent by my German company to work in the United States. What are my U.S. tax obligations?
I am a German citizen who has investments in U.S. stocks and mutual funds. A U.S. tax of 15% was withhold from my dividend payments. Do I have to file a U.S. tax return and will the 15% be refunded?
I am a German citizen who has interest income from the U.S. Am I supposed to file a U.S. tax return and report this interest income?
I am not an American and live outside the U.S., but I have U.S. investment income. Do I need a Social Security number?
I am a non-resident alien but own U.S. rental income. What is my U.S. tax situation?
I purchased goods in the United States. Can I get the sales tax refunded?
Yes. There is an Internal Revenue Service office at the U.S. Embassy in Berlin. The mailing address is:
Internal Revenue Service
The IRS office at the U.S. Embassy in Berlin, Germany is responsible for the following countries: Germany, Austria, Hungary, The Netherlands, Italy, Romania, Poland, Czech Republic, Slovak Republic, Estonia, Latvia, Lithuania, Former Soviet Republics (Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Russia, Tajikistan, Turkmenistan, Ukraine, Uzbekistan), Lebanon, Iraq, Qatar, Syria, Iran, and Yemen.
All U.S. taxpayers residing outside the United States should mail their tax returns to:
Internal Revenue Service Center
Philadelphia, PA 19255-1215
EUR 0.8882 = $1.00
For Example, if you earned EUR 25,000, this amount would be divided by 0.8882 to give you the converted dollar amount of $28,146.81.
- U.S. citizens and resident aliens - April 15, 2004
- U.S. citizens residing outside the United States on April 15th - June 15, 2004
Write across the top of the front page of the return "residing outside the United States"
- Non-resident alien with U.S. wage income - April 15, 2004
- Non-resident alien with no U.S. wage income - June 15, 2004
Extensions of time to file can be requested by filing the proper extension request form.
Please remember: Extensions of time to file are not extensions of time to pay. IRS must receive payment of tax due by 15 April 2004.
No. Tax payments must be made in U.S. currency, using a check or money order. German banks will issue bank checks in U.S. dollar denominations.
Yes. U.S. citizens must report their worldwide income on their U.S. tax returns. If you paid income taxes to a foreign country, you may qualify for a foreign tax credit. IRS Publication 514 “Foreign Tax Credit for Individuals” explains how to calculate this credit. You may also qualify for a foreign earned income exclusion of up to $80,000 for 2003. Qualification requirements and forms to be completed are explained in IRS Publication 54 “Tax Guide for U.S. Citizens and Resident Aliens Abroad”.
That depends on the level of your income. Please see the amounts listed below to determine if you have a filing requirement or you may call IRS for assistance in determining if you are required to file.
Single under 65 $ 7,800
Single 65 or older $ 8,950
Head of household under 65 $10,050
Head of household 65 or older $11,200
Qualifying widow(er) under 65 $12,550
Qualifying widow(er) 65 or older $13,500
Married filing jointly both spouses under 65 $15,600
Married filing jointly one spouse 65 or older $16,550
Married filing jointly both spouses 65 or older $17,500
Married filing separately (any age) $ 3,050
Obtain and read Publication 54, "Tax Guide for U.S. Citizens and Resident Aliens Abroad". This publication explains your filing requirements. Forms and Publications are available on the IRS website www.irs.gov or from the IRS office in Berlin. Some forms and publications are also available at U.S. embassies and consulates.
As a U.S. citizen or resident alien (valid green card holder), you are required to file a return for any year that your income exceeded the minimum income levels. If you had a filing requirement, your earned income is foreign sourced, and you choose the exclusion, you should begin by filing the current year’s tax return and the preceding two years. You can choose the exclusion on a return provided you owe no federal income tax after taking into account the exclusion. If you owe federal income tax after taking into account the exclusion, you can choose the exclusion on a return filed after the periods described above provided you file before IRS discovers that you failed to choose the exclusion. You must type or legibly print at the top of the first page of the Form 1040 "Filed pursuant to section 1.911-7(a)(2)(i)(D)."
If you owe federal income tax after taking into account the foreign earned income exclusion and the IRS discovered that you failed to choose the exclusion, you must request a private letter ruling under Revenue Procedure 92-85 (as modified by Revenue Procedure 93-28).
If a tax liability is incurred for one of those years, then you should generally file returns for an additional two prior years (for a total of 5 tax years). Please review the website: www.irs.gov “Central 1040” to download prior year forms.
Yes, since your investment institution may not know that you are a U.S. citizen living overseas, you must notify them of this fact, using Form W-9 “Request for Taxpayer Identification Number and Certification”. Otherwise, the investment institution may think you are a non-U.S. citizen and withhold taxes from your investment income.
You must file Form 1040NR “U.S. Nonresident Alien Income Tax Return” with Schedule D for the year of the sale and attach Form 8288-A which documents the 10% tax withheld. If the sale involved a rental or business property, Form 4797 must also be completed. You must have a Social Security Number (SSN) or Individual Taxpayer Identification Number (ITIN) in order to file the 1040NR. If you do not have an ITIN, you must fill out the Form W-7, attach your certified documentation and income tax return to it and mail everything to the ITIN Unit address given in the Form W-7 instructions.
IRS publication 519, "U.S. Tax Guide for Aliens", explains your situation. Contact IRS if you have further questions.
No to both questions. U.S. dividend income paid to German citizens is subject to a 15% withholding tax. If that amount has been withheld, you do not have to file a U.S. return as the correct tax liability has been paid. By the same reasoning, no refund is due.
No. Interest income from the following sources paid to non-resident aliens is tax exempt from U.S. taxation. You do not need to file a U.S. tax return or pay U.S. income taxes on bank deposits, checking and savings accounts, certificates of deposit deposits at credit unions and savings association.
No, not at present, but you must send Form W-8BEN “Certificate of Foreign Status of Beneficial Owner for United States Tax Withholding” to the financial institution which holds your investment to notify them of your residency and citizenship so that they will withhold the correct U.S. income tax. If an Individual Taxpayer Identification Number (ITIN) is required and you do not have one, you must fill out the Form W-7 in order to receive one.
You have two choices. You can have your U.S. rental income subject to a 30% withholding tax and you have no further requirement to file a U.S. tax return or pay additional U.S. taxes.
You may, however, choose to consider your rental income as an effectively connected U.S. business activity. That requires you to file a U.S. tax return and itemize your rental income and expenses. See Publication 519, “Tax Guide for Aliens”, for information. Remember, filing a U.S. return requires an Individual Tax Identification Number (ITIN - Form W-7).
There is no national sales tax system, such as Value Added Tax - VAT (Mehrwertsteuer) in the United States. Sales taxes are assessed by the individual states and cities, and as such each has complete autonomy in administering its taxes. Most states have no provision for sales tax refunds. There is no office in the U.S. Embassy which can provide any assistance in this matter.
We have been advised that Louisiana is the only state which provides a refund of sales tax for international visitors on goods purchased at participating stores. You may contact the State of Louisiana at:
Louisiana Tax Free shopping
P.O. Box 20125
New Orleans, LA 70141
Tel: 001 - (504) 467-0723
Fax: 001 - (504) 568-6670