(1) |
What is “Foreign” Source Income? The source of one's earned income is determined by the location where the services are rendered in exchange for the income received. Foreign earned income pertains to the compensation acquired for providing personal services in a foreign nation. The method or location of payment does not alter the source of the income. For instance, income obtained for services performed in France is sourced from a foreign country, irrespective of whether the payment is deposited directly into a U.S. bank account and the employer is based in New York City. (a) Income earned outside U.S. borders is generally considered foreign-source income. (b) Dividends—Earnings distributed by a foreign corporation in the form of dividends are considered income from foreign sources (look to the factor being the location of the paying entity's residency). (c) Interest—Income generated from interest payments made by a foreign corporation or foreign government is considered foreign-source income (look to the residency of the entity making the payment). (d) Royalties—Foreign-source royalty payments would be generated by licensing intangible assets such as patents and copyrights in a different jurisdiction. |
(2) |
What is “Creditable” Taxes? Generally, the foreign tax credit is applicable only to income taxes that have been paid or accrued to a foreign country or a U.S. territory, or taxes paid or accrued to a foreign country or U.S. territory in place of income tax. Additionally, it is essential that the primary nature of the tax in question is that of an income tax. (a) A foreign levy can be defined as a tax that necessitates a mandatory payment under the jurisdiction of a foreign nation for the purpose of imposing taxes. (b) A tax imposed "in lieu of an income tax," will qualify (e.g., withholding taxes). (c) Penalties, fines, interest, and customs duties do not qualify. (d) Sales and property taxes are not creditable, but are deductible |
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