Defense Contractor Able to Exclude Foreign Income

Defense Contractor Able To Exclude Foreign Income

United States citizens pay tax on their worldwide income. This general rule can result in double taxation–with the United States imposing tax on the same income that was already taxed by a foreign government. The United States has tax treaties with many countries that help avoid this type of double taxation. The United States also…

Foreign Trust Owner Liable for 35% IRS Penalty

Foreign Trust Owner Liable For 35% Irs Penalty

The IRS shifted its focus to international issues about ten years ago. This included having the penalty group within the IRS’s Small Business/Self-Employed division focus on international reporting penalties. This is in addition to the Treasury’s FBAR filing requirements. The SB/SE division’s focus on penalties started with a few penalty notices. The number of these…

Foreign Corp Tax Returns Must Be Filed Timely

Foreign Corp Tax Returns Must Be Filed Timely

The IRS refocused its efforts on international tax issues about ten years ago. This effort has yielded scores of transfer pricing, foreign tax credit, and similar tax disputes. While not as prominent as transfer pricing and foreign tax credit disputes, the IRS has also focused on U.S.-sourced income that is not reported. The IRS has…

Foreign Trust Beneficiary Liable for a Double Tax Penalty?

Foreign Trust Beneficiary Liable For A Double Tax Penalty?

Can the sole owner of a foreign trust who is also its sole beneficiary be penalized twice for not filing a single Form 3520? Can the IRS choose the higher penalty for the beneficiary in this situation? In Wilson v. United States, No. 19-cv-5037 (BMC) (E.D.N.Y. 2019), the IRS argued that it could impose pick…

Can the IRS Get Records from Foreign Corps Doing Business in the U.S.?

Can The Irs Get Records From Foreign Corps That Do Business In The U.s.?

In CCA 2019060408545121, the IRS asked its tax attorneys whether a foreign corporation that conducts business with a limited partner in the U.S. had to produce records.  Our tax laws provide address this very topic, as noted in the CCA. The CCA serves as a reminder that failing to provide records for transactions with foreign…

Can LLC Use Crewman’s Exemption for Employment Taxes?

Raising A Tax Issue For The First Time In Court

This is a question about international tax laws. Can a U.S. citizen who owns and operates a vessel outside of the U.S. avoid paying U.S. employment taxes for its crewmen by using a foreign legal entity? The court considered this issue in DAF Charters LLC v. Commissioner, 152 T.C. 14, for a single-member LLC formed…

Foreign Government Use U.S. Court to Collect From U.S. Person?

Can Foreign Government Use U.s. Court To Collect From U.s. Person?

If a U.S. person commits tax fraud under the laws of a foreign county, can the foreign country’s tax collector use the U.S. court system to collect from the U.S. person? This is an international tax law issue. The court recently addressed this in In re SKAT Tax Refund Scheme Litigation, No. 18-md-2865 (LAK) (S.D.N.Y.…

U.S. Taxpayer With U.S. Residence & Foreign-Earned Income

Party Like Its 2017: Deductible Entertainment Expenses

There are a number of international tax issues that U.S. citizens and residents who live abroad have to consider.  One of these is whether they qualify to exclude their foreign-earned income in computing U.S. income taxes.  This exclusion has resulted in a number of tax disputes with the IRS.  The Leuenberger v. Commissioner, T.C. Summary Opinion…

FBAR Not Limited to $100,000, Willfulness Upheld

The Trade Or Business Requirement For The Sec. 199a Deduction

There have been a number of recent court cases involving foreign bank accounts or FBAR reporting penalties.  This is likely due to the significant amount of the penalty and that many do not fully appreciate the amount of liability they face if caught not complying with the FBAR rules.  This is one of the most…