Expatriates from the United States have a few constraints
when it comes to claiming foreign tax
credits. These limitations include:
· Mandatory Tax Imposition: You
will not be eligible for the FTC if you do not pay taxes in your resident
country. In other words, if you're in Canada and have automatic deductions for
Canadian income taxes taken out of your paycheck, it's considered a tax on your
earnings, hence eligibility.
· Only Legal and Genuine Foreign
Tax Liabilities Qualify: It's
quite obvious what this means. When paying taxes to a foreign country, make
sure that the tax is lawful and that you are required to pay it before you may
claim a foreign tax credit.
· The Foreign Tax Has To Be Paid
Or Incurred By You: In order to qualify, you must have paid
the tax, accrued it, or be liable for paying it.
· It Has To Be an Income Tax: One
must have paid income taxes to a foreign jurisdiction in order to be eligible
for the FTC. According to the IRS, certain foreign tax categories are
ineligible for the FTC, including
a) Income
that has been exempted from taxes, for instance, if you have already taken
advantage of the Foreign Earned Income Exclusion.
b) Taxes
accrued to a foreign government that has a social security pact with the United
States.
You may be eligible for the credit if you file a non-resident tax return
and pay or accumulate tax to a foreign nation or U.S. possession on income from
overseas sources that is inextricably linked to a trade in the United
States.