Taxes / offshore question

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  • tical
    Confirmed User
    • Feb 2002
    • 6504

    #1

    Taxes / offshore question

    If someone were to start an offshore corporation as a US citizen. Will you (as a US citizen) be liable / taxed on the income from this corporation if you are not bringing any of into the states?

    Say your offshore corporation, "ABC Corp", earns $50k in 2010. You never transfer any of this money into the states. Later, you decide to go to Thailand for a few months and access the funds from there. You return to the US with $0 in your pocket, no souvenirs, etc.

    Does this scenario violate any specific tax laws in the US if you're a US citizen? I can't imagine how it would, but I'm curious. Anyone here know?

    Hmm... tax form 5471
    Last edited by tical; 03-17-2010, 06:08 PM.
    112.020.756
  • xmas13
    Confirmed User
    • Dec 2004
    • 5176

    #2
    Ask law students on relevant boards, also, Google is your friend.
    ICQ 557504926

    Comment

    • xxweekxx
      Confirmed User
      • Oct 2002
      • 6780

      #3
      ya there is a part of the tax form that asks u for foreign income.. if you have $50k in foreign bank, its still YOUR INCOME.. so you need to report it, or get raped in prison

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      • xmas13
        Confirmed User
        • Dec 2004
        • 5176

        #4
        You can also call the IRS. They've got live assistance monday through friday. Or contact your local IRS office to request an appointment.
        ICQ 557504926

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        • pornguy
          Too lazy to set a custom title
          • Mar 2003
          • 62910

          #5
          Yes you have to pay. but only after making 80k plus
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          • iSpyCams
            Amateur Gynecologist
            • May 2009
            • 4436

            #6
            I am not a lawyer, but this is what I understand and have filed a few times based on the following as was explained to me by my lawyers:

            I am pretty sure if it's the corporation's income it's not your income, until you pay yourself. You need to report any offshore bank account you can sign checks for that has over 10,000 in it to the IRS by tax day, there is no extension for this.


            Failing to report on time can lead to fines and jail time if the IRS ever finds out about your bank accounts.

            If you are either a legitimate resident (have a resident visa) of a foreign country or else spend less than 3 weeks of the tax year on US soil, and if your income comes from outside the US and is less than 80k, then you can claim an exemption on it when you file and pay zero income tax on it.

            This applies to salary only, not dividends or capital gains.
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            • Zuzana Designs
              All Your Design Needs
              • Feb 2005
              • 20900

              #7
              Originally posted by pornguy
              Yes you have to pay. but only after making 80k plus
              So if you have several accounts under 80k are you ok?

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              • SkeetSkeet
                Confirmed User
                • Oct 2005
                • 5404

                #8
                Income from Abroad is Taxable


                Many United States (U.S.) citizens and resident aliens receive income from foreign sources. There have been recent reports about the interest of the Internal Revenue Service (IRS) in taxpayers with accounts in Liechtenstein. The interest of the IRS, however, extends beyond accounts in Liechtenstein to accounts anywhere in the world. Consequently, the IRS reminds you to report your worldwide income on your U.S. tax return.

                If you are a U.S. citizen or resident alien, you must report income from all sources within and outside of the U.S. This is true whether or not you receive a Form W-2 Wage and Tax Statement, a Form 1099 (Information Return) or the foreign equivalents. See Publication 525, Taxable and Nontaxable Income for more information.

                Additionally, if you are a U.S. citizen or resident alien, the rules for filing income, estate and gift tax returns and for paying estimated tax are generally the same whether you are living in the U.S. or abroad.

                Hiding Income Offshore

                Not reporting income from foreign sources may be a crime. The IRS and its international partners are pursuing those who hide income or assets offshore to evade taxes. Specially trained IRS examiners focus on aggressive international tax planning, including the abusive use of entities and structures established in foreign jurisdictions. The goal is to ensure U.S. citizens and residents are accurately reporting their income and paying the correct tax.

                Foreign Financial Accounts

                In addition to reporting your worldwide income, you must also report on your U.S. tax return whether you have any foreign bank or investment accounts. The Bank Secrecy Act requires you to file a Form TD F 90-22.1, Report of Foreign Bank and Financial Accounts (FBAR), if:

                *
                You have financial interest in, signature authority, or other authority over one or more accounts in a foreign country, and
                *
                The aggregate value of all foreign financial accounts exceeds $10,000 at any time during the calendar year.

                More information on foreign financial account reporting requirements is in News Release FS-2007-15, Foreign Financial Accounts Reporting Requirements and Publication 4261, Do You have a Foreign Financial Account?

                Consequences for Evading Taxes on Foreign Source Income

                You will face serious consequences if the IRS finds you have unreported income or undisclosed foreign financial accounts. These consequences can include not only the additional taxes, but also substantial penalties, interest, fines and even imprisonment.

                ICQ 283633188

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                • xxweekxx
                  Confirmed User
                  • Oct 2002
                  • 6780

                  #9
                  Originally posted by Zuzana Designs
                  So if you have several accounts under 80k are you ok?
                  no, its just like saying if u open 10 bank acts in usa, and only deposit 10k each, then report your income as 10k
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                  • iSpyCams
                    Amateur Gynecologist
                    • May 2009
                    • 4436

                    #10
                    The 80k thing is income tax, don't confuse it with the 10k limit on offshore accounts that need to be reported.

                    The idea is that if you are living abroad you are likely paying income tax to a foreign country, so those living abroad can claim an exemption on the first 80k they make each year. After 80k you pay taxes, used to be just on the difference, but I heard it was recently changed to the full amount if you make over 80k.
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