Foreign Activities of U.S Persons
U.S citizens, resident aliens (citizens of foreign countries who meet green card test or substantial presence test), domestic corporations, domestic partnerships, estates and trusts all fall under the category of U.S persons.
The United States uses credit system to lower double taxation. Under this credit system, foreign income is taxed only one time.
There is a foreign tax credit limitation which restricts the credit to the portion of the pre-credit U.S tax that is attributable to foreign source income.
Example:
ABC is a domestic corporation.
U.S source income = 200
Foreign source income = 100
Foreign tax rate = 40%
U.S tax rate = 30%
Credit is limited
Foreign tax = 100 x 40% = 40
U.S Tax = 300 x 30% = 90
Less foreign tax credit = 30
U.S Tax payable = 60
No Limitation
Foreign tax = 100 x 40% = 40
U.S tax = 300 x 30% = 90
Less foreign tax credit = 40
U.S Tax payable = 50
Deferral from U.S Taxation of income earned by foreign corporation
If a U.S person earns foreign income through a foreign corporation, it is not taxable in the United States till it is repatriated through dividend distribution.
Affiliates organized in foreign countries cannot join their foreign counterparts in filing federal consolidated income tax return.
The earnings of a regular corporation are not taxed to its shareholders until distributed as dividends.
The United States does not tax the foreign source income of foreign corporations.
Congress has enacted the sub chapter F and passive foreign investment company regimes to prevent taxpayers from using deferral as a device.
The foreign earned income exclusion
To provide some relief, a U.S expatriate who meets certain requirements is allowed to exclude a limited amount of foreign income and housing cost from his U.S taxation.
U.S Activities of foreign persons
Nonresident alien individuals, foreign corporations, foreign partnerships, foreign estates and foreign trusts all fall under the category of foreign persons.
All foreign persons are taxed at graduated rates on the net amount of income effectively connected with the conduct of trade or business with in the United States.
The U.S persons controlling the payment of U.S source investment type income to a foreign person must deduct and withhold 30% U.S tax.
Income tax treaties usually reduce the withholding tax rate on interest, dividend and royalty income from 30% to 15% or less.
Portfolio interest income and capital gains income are exempt from U.S taxes.
Gains from the sale of U.S real property are taxed in the same manner as effectively connected income.
Disclaimer:
This information is for educational purposes only. It does not constitute any legal advice or opinion. Please do not use any of its contents without seeking a professional advice.
References:
US Taxation of International transactions 9th Edition
Robert J. Misey Jr.
Michael S. Schadewald
Publishers: Wolter Kluwer, CCH Incorporated.