Filing US Taxes as an American Expat Living in the UK

The US taxes can be quite confusing, more so for American expats living elsewhere. So, we’ve tried to piece together some of it here. This will give you a brief idea on paying US taxes while living in the UK.

The first & foremost thing that you need to know, before we dive into double taxation US UK policies/ rules, is that all American expats in the UK are required to file US taxes. Yes, you read that right! The rule is applicable to all US nationals. This includes Green Card holders, & dual nationals, irrespective of whether or not you earn income in the USA.

Who needs to file US taxes when staying in the UK?

Well, to put it simply, almost every US citizen staying in the UK has to file US tax returns.

Here’s a quick rundown of who needs to file taxes and who doesn’t.

  • Individuals who are earning more than $14,600 must file.
  • If married joint filers earn more than $29,200, they too have to file taxes.
  • As the Head of Household, if you earn more than $21,900, you will have to file taxes.
  • If you are married but file separately, your income threshold for filing is set at a mere $5.

Apart from all this, if you are self-employed, and earn over $400 annually, you will have to file US taxes as well. It doesn’t matter from which country you do that or in which currency!

Head of Household filing status: US citizen living in UK taxes

You’d be pleased to know that there are notable tax benefits for people who qualify for the Head of Household tax filing status. Here’s some info for you to know if you match the criteria.

  • You must provide for minimum 50% of all household expenses. This includes rent, insurance, mortgage interest, utility bills, repairs, and property taxes.
  • You must either be single or legally separated or divorced or married to a non-American.
  • You must have at least one dependent.

For instance, you will be considered the Head of Household if and when you are single but living with a dependent child. The status allows you to claim significant standard deductions and even the Child Tax Credit Refund – particularly when your income isn’t too high.

US citizen working in UK taxes: The Totalization Agreement

There’s a high chance that you haven’t heard of the Totalization Agreement, and that’s fine! Because, we at Expat Global Tax are here to explain everything pertaining to UK tax treaty with USA and the nuances of American expat tax filing.

Simply put, the Totalization Agreement between the two countries – US and UK, prevents the taxation of social security twice. As per the rule, if you plan on staying in the UK for five years, you will have to pay US Social Security and Medicare taxes. However, if you are unsure about the duration or expect to stay longer, you are supposed to pay the UK National Insurance contribution.

There’s more! If you are working for an US employer in the UK or are self-employed, you are expected to pay the US social security contributions. On the other hand, if you are working for a foreign firm, you do not need to pay for US social security contributions.

The Totalization Agreement thus prevents double taxation for US expats in the UK. This is part of the settlement under UK US double tax treaty and covers anything and everything under capital gains tax and income tax.

Importance of UK US double taxation treaty

If you are a US citizen staying in the UK, knowing the basics of the double tax agreement UK USA is of help. This is a bilateral treaty between two major economies. It acts as a protection/ cover for individuals against the complexities of international taxation.

In simple terms, the United Kingdom US tax treaty prevents double taxation of income. How does it do that? Well, it does so by making sure that US expats aren’t unduly burdened by the tax laws of both the nations.

Wondering how does the UK US double taxation treaty help? Well, it is of significant importance, here’s why!

Like mentioned earlier, it prevents double taxation of income. In fact, without the treaty, a US citizen living in the UK, may have to pay taxes in both the US and the UK. Why? Because, US levies taxes on citizens on their worldwide income, while the UK government taxes people on the income they earn while residing in the UK. This is what the treaty protects people from.

But there’s more! The double taxation agreement UK and USA offers reduced withholding tax rates on certain income types. This includes royalties, interests, and even dividends. This is of great help to US expats who have investments in the UK. It lowers their tax burden on the income generated from such investments.

Last but not least, the double tax treaty UK USA comes with provisions that help define the tax residency status of businesses and individuals. This defines which country has the right to tax specific types of income and prevents conflicts between countries.

Benefiting from the double tax agreement UK USA

At Expat Global Tax, our team helps US expats living in the UK take advantage of the UK US double tax treaty. As a US citizen, you will of course have to file a US tax return, and based on the specifics, you may need to fill out a few different forms.

Form 2555 is for the Foreign earned income exclusion and you will have to submit it with the US tax return.

Form 1116 is for the Foreign Tax Credit. It is for US expats who pay UK taxes – helping lower their US tax liability. For this, you will first have to convert all taxes paid into US dollars either by the transaction rate or depending on the annual average exchange rate.

If you are hoping to obtain reduced withholding tax rates on royalties, dividends, and interests, you must fill up the Form W-8BEN.

However, all this can be a tad difficult to navigate for most individuals, and that’s where our expertise comes in.

Tax Residency and tie-breaker rules

Both the US and the UK have their own criteria through which they determine who is a resident for tax purposes. So, it is possible that someone meets the residency norms in both the countries. Thus, to prevent the problems that dual residency could pose, the double taxation agreement UK and USA includes a series of tie-breaker rules. These rules help decide which nation has the primary right to tax the individual’s income.

  • Permanent home test:When it comes to deciding as to which country will tax a US expats income, the first consideration is to figure out where the individual has a permanent home. If he or she has a home in one of the country, the tie-breaker rules states that the respective country will be considered the individual’s country of residence for tax purposes.
  • Centre of vital interests test:If the individual has a permanent home in both the US and the UK, the UK US double tax treaty takes note of where the individual has a closer personal and economic interest.
  • Habitual abode test:If the above test is inconclusive, the countries check where he or she has a habitual abode. In other words, it means where the person lives regularly.
  • Nationality test:If the other options don’t work, the tie-breaker rule mandates that if the person is a citizen of only one of the two countries (in this case, US and UK), that country will be considered the country of residence for tax purpose.
  • Mutual agreement procedure:In the rare case where all else fails, the authorities from both US and UK will determine the individual’s residency through mutual consultation – taking everything into account, such as the individual’s facts and circumstances.

Working with Expat Global Tax

Navigating US citizen resident in UK taxes can be overwhelming particularly due to the complexities of the US UK tax treaty. That’s why it is better to seek professional help. At Expat Global Tax, we specialise in simplifying this process for US expats living in the UK. We make sure that you stay compliant with both US and UK tax laws, while also maximising your tax benefits and minimising liabilities.

At Expat Global Tax, we understand the nuances of double taxation and foreign income exclusions, thereby helping our clients avoid costly mistakes. Connect with our experts now!