Most people who move abroad in midlife do it for reasons that have nothing to do with
tax — a partner, a parent, a divorce settled, a house sold, a decision that the second
half should look different from the first. The tax consequences arrive afterwards,
usually in the form of a form nobody mentioned.
This page covers what actually changes, what does not, and which parts are worth
handling before you go.
The one rule everything else follows from
Nearly every country taxes people on the basis of where they live. The United States is
one of a very small number that taxes on the basis of who you are.
If you are a US citizen or a green card holder, you file a US tax return on your
worldwide income for as long as you hold that status, wherever in the world you happen
to be living. Moving to Portugal does not change this. Living in Portugal for fifteen
years does not change this. Paying Portuguese tax does not change it either.
Everything difficult about expatriate tax follows from this single fact, and most of the
bad surprises come from people who assumed the ordinary rule applied to them.
Filing is not the same as owing
This distinction is worth being precise about, because conflating the two causes an
enormous amount of unnecessary alarm.
Filing is the obligation to submit a return. It does not go away when you leave.
Owing is what remains after the relief provisions have been applied — and for a
great many Americans living abroad, that number is zero.
Two mechanisms do most of the work.
The Foreign Earned Income Exclusion removes a capped amount of foreign earned
income from US taxation altogether. Earned means wages and self-employment income; it
does not cover pensions, rental income, dividends or capital gains. To use it you must
pass one of two tests demonstrating that you genuinely live abroad rather than
occasionally visiting.
The Foreign Tax Credit works differently. Rather than excluding income, it offsets
your US tax bill by the tax you have already paid to another country. Where the foreign
country taxes more heavily than the United States does, this typically eliminates the US
liability and can generate credits to carry forward.
Which of the two serves you better depends on the country, your income mix, and what you
expect the next several years to look like. They also interact in ways that are easy to
get wrong — electing the exclusion and later revoking it has consequences that last
years.
The critical point: neither relief is automatic. Both are claimed on a return you
have to file. Not filing does not shelter you from tax. It forfeits the provisions that
would have removed the tax, and leaves the underlying liability standing.
The reports that carry the real penalties
The tax is usually manageable. The information reporting is where people get hurt,
because the penalty structure bears no relationship to the amount of money involved.
FBAR
If the combined maximum balance of your foreign financial accounts exceeds $10,000 at
any point in the year, you must file a Report of Foreign Bank and Financial Accounts.
Note what that threshold means: it is the aggregate of every account, at its highest
point, not the year-end total. Three accounts holding $4,000 each cross it.
The FBAR reports balances rather than income. It is filed with FinCEN, separately from
your tax return, and it is easy — which makes the penalties for skipping it especially
painful to explain to someone afterwards.
FATCA
Form 8938 reports specified foreign financial assets and is filed with your return. The
thresholds are considerably higher than the FBAR’s and vary depending on whether you
live abroad and how you file. Many people have to file both forms, reporting overlapping
information to two different agencies, which is as sensible as it sounds.
Foreign pensions and foreign funds
Two traps worth naming. Foreign pension arrangements are not automatically treated the
way US retirement accounts are, and whether a given scheme gets favorable treatment
often depends on a specific treaty article. And ordinary foreign mutual funds are
frequently classified as Passive Foreign Investment Companies, which carries a punitive
and administratively miserable tax regime. The bank in your new country will cheerfully
recommend a local fund. It is often the single most expensive thing you can buy.
The state you left
Federal tax follows citizenship. State tax follows something messier.
Some states let you go cleanly: stop being resident, stop being taxed. Others take the
position that you remain taxable until you establish a domicile somewhere else, and
“somewhere else” being foreign does not necessarily count. Ties like a retained property,
a driving license, a voter registration, or a bank account can be enough to keep you on
the rolls.
This is one of the few genuinely state-specific questions in the whole area, and the
answer changes completely depending on where you are departing from. It is also one of
the easiest things to handle correctly if dealt with before the move and one of the
hardest to unwind afterwards.
Social security and the totalization agreements
If you work abroad, you can face social security contributions in both countries on the
same earnings. The United States has totalization agreements with a number of countries
specifically to prevent this, which assign your contributions to one system or the other
and let periods in each count toward eligibility.
Whether one exists with your destination, and what it says, is worth knowing before you
accept a foreign employment contract rather than after.
What is worth doing before you go
The recurring theme across all of this is sequencing. The same decision is simple in the
months before a move and awkward, expensive, or impossible in the year after it.
Establishing the state position, dealing with accounts and elections while you still have
a US address and a US phone number that banks recognize, understanding how your income
will be characterized once it is foreign, and knowing which reports will attach to you
before you trip the thresholds — all of that is ordinary preparatory work beforehand and
remedial work afterwards.
The guide below is the checklist version of it.