Archives November 2026

The Global Tax Attorney’s Checklist for Americans Moving Abroad

Moving to Lisbon, Mexico City, or Singapore can change nearly every part of daily life, but it doesn’t ordinarily end an American citizen’s federal tax obligations. U.S. citizens generally remain subject to tax on worldwide income, and green card holders who remain U.S. tax residents face similar rules.

That means filing obligations can continue even after someone establishes a home, career, and tax residence in another country. The challenge is coordinating two tax systems without overlooking exclusions, credits, or reporting requirements that apply specifically to Americans abroad.

A few decisions made before departure can prevent years of complicated corrections.

Settle State Residency and Financial Arrangements Before Leaving

Moving overseas doesn’t automatically end state residency. California, for example, evaluates the strength of a person’s connections to the state, including where their family lives, whether they retain a home, their driver’s license, voter registration, and the nature of their overseas stay.

No single factor determines residency, and keeping California-source income may create continuing state filing obligations even after someone becomes a nonresident. A planned departure should therefore include a review of domicile, documentation, and potential part-year tax filings.

Timing matters at the federal level too. The departure date can affect eligibility for foreign income exclusions and how income earned during the transition year is taxed in each country.

Investment accounts deserve attention before the move. Some U.S. brokerages restrict services to customers with foreign addresses, while an investment that is straightforward in the United States may receive unfavorable treatment under the destination country’s rules.

Choose a Strategy for Avoiding Double Taxation

Two major provisions can reduce the overlap between U.S. and foreign income taxes. The foreign earned income exclusion lets eligible taxpayers exclude up to $132,900 of qualifying foreign earned income for tax year 2026, with a separate foreign housing benefit potentially available.

To qualify, a taxpayer generally must have a tax home abroad and meet either the bona fide residence test or the physical presence test. The latter requires at least 330 full days in foreign countries during a qualifying 12-month period, while the former generally requires bona fide residence throughout an uninterrupted period including an entire tax year.

The exclusion applies to qualifying earnings from work, not investment income, and it doesn’t automatically eliminate U.S. self-employment tax. Someone who relocates midway through a year may also need to prorate the exclusion or establish eligibility through a period extending into the following year.

The foreign tax credit takes a different approach by allowing qualifying foreign income taxes to offset U.S. tax on applicable income, subject to limitations. For Americans in higher-tax countries, it may provide substantial relief without excluding wages from U.S. taxable income.

These provisions can sometimes be used together, but taxpayers cannot claim a credit for foreign taxes attributable to income they’ve excluded. The better strategy depends on the destination country, income mix, and whether the move is temporary or permanent.

Track Foreign Accounts and Filing Deadlines

Opening an overseas bank account can trigger U.S. reporting even when the account earns little or no income. An FBAR, filed separately with FinCEN, is generally required when the combined value of reportable foreign financial accounts exceeds $10,000 at any point during the calendar year.

Form 8938 is a different disclosure filed with the federal income tax return when specified foreign financial assets exceed applicable thresholds. For qualifying unmarried taxpayers living abroad, reporting generally begins above $200,000 at year-end or $300,000 at any time; qualifying joint filers have thresholds of $400,000 and $600,000.

Other forms may apply when someone owns a foreign corporation, receives certain foreign gifts, or participates in a foreign trust. These obligations don’t necessarily depend on whether any additional U.S. income tax is owed.

Eligible U.S. taxpayers living and working abroad generally receive an automatic two-month filing extension to June 15 for calendar-year returns. Interest on unpaid tax still generally runs from the usual April deadline, while FBAR filings have a separate automatic extension to October 15.

Review Investments, Retirement Plans, and Social Security

An ordinary foreign mutual fund can create extraordinary U.S. reporting complications. Many non-U.S. pooled investment funds are classified as passive foreign investment companies, potentially triggering Form 8621 filings and unfavorable tax treatment unless appropriate elections or exceptions apply.

Foreign retirement accounts require their own review. A plan that receives favorable tax treatment locally may not receive the same treatment under U.S. law, and treaty provisions can affect contributions, earnings, or distributions differently.

Social Security is another concern, particularly for self-employed Americans. U.S. totalization agreements with participating countries can coordinate coverage and prevent double contributions on the same earnings, but the applicable agreement and documentation requirements must be checked.

Moving abroad without reviewing these arrangements may create problems that cannot be solved simply by claiming the foreign earned income exclusion.

Consider Expatriation Only With Full Tax Planning

Some Americans who expect to remain overseas permanently eventually consider renouncing U.S. citizenship. Living abroad by itself does not trigger expatriation tax, but relinquishing citizenship can produce significant consequences for someone classified as a covered expatriate.

In 2026, covered-expatriate status can arise from a net worth of at least $2 million, average annual net income tax liability exceeding $211,000 over the preceding five years, or failure to certify five years of federal tax compliance, subject to limited exceptions. Certain covered expatriates are treated as though they sold assets immediately before expatriation, with a $910,000 exclusion applied to qualifying deemed gains for 2026.

Different rules can govern retirement accounts and other deferred compensation. Anyone seriously considering renunciation should evaluate the financial consequences well before taking that step.

Plan Before the Move, and Address Missed Filings Promptly

A move abroad creates overlapping tax responsibilities that can remain manageable with careful preparation. Residency, foreign income relief, account disclosures, investments, and retirement arrangements all deserve review before the relocation becomes permanent.

For Americans already behind on foreign-account reporting or tax filings, the IRS offers streamlined compliance procedures for eligible taxpayers whose failures were non-willful. These procedures have strict eligibility rules and aren’t available to taxpayers already under certain IRS examinations or criminal investigations.

Hone Maxwell, LLP advises individuals and businesses on international tax planning, compliance, and controversies. Working with an international tax lawyer before moving, or promptly after identifying a reporting problem, can help align the financial decisions of living abroad with continuing U.S. obligations.

Hone Maxwell, LLP

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