Foreign tax credit

A foreign tax credit is used to reduce or eliminate double taxation when the same income is taxed in multiple countries. In the United States ("US") the Internal Revenue Service ("IRS") grants a foreign tax credit to a taxpayer if the US taxpayer paid an income tax on income produced in another country. [ [http://www4.law.cornell.edu/uscode/html/uscode26/usc_sec_26_00000901----000-.html 26 USCA 901] .] In the US an income tax includes a withholding tax paid on foreign sourced income. [26 USCA 901.] However, in the US a gross income tax is not included in the definition of income tax and so would not be subject to a foreign tax credit. [26 USCA 901(b)(1); see also, Bank of America National Trust & Savings Ass'n.]

Operation

In order to eliminate double taxation, a tax treaty determines which of the countries has the primary entitlement to tax that income. [OECD model tax treaty.] The amount of tax normally payable to each country is calculated without regard to the fact that another country may also be taxing it. Then, after the tax has been paid to the primary country, the secondary country will allow the earner to take a tax credit for the amount of tax paid to the primary country, against the tax owed to the secondary country, but only up to the amount of tax paid to the primary country or the amount of tax due to the secondary country, whichever is less. [OECD model tax treaty, Article 23B.]

If the tax paid to the primary country is equal to or more than the tax imposed by the secondary country, then the tax payable to the secondary country is eliminated. [26 USCA 904.]

If the tax paid to the primary country is less than the tax imposed by the secondary country, then the secondary country will receive the difference between the two taxes. [26 USCA 904.]

The credit is considered non-refundable in that if the tax paid to the primary country exceeds the tax due to the secondary country, the earner is only allowed to claim a credit in the secondary country up to the amount of tax that would be paid there. Although the foreign tax credit will eliminate double taxation, it also ensures that the earner ultimately pays the higher amount of tax imposed.

Impact

The allowance of the foreign tax credit facilitates taxpayers extending their business operations to other countries because the impact of double taxation would be great and severe on the profitability of such endeavors. The foreign tax credit allows for more open competition between businesses despite their nationality.

History

Example

If a person lives in "Country A", but has income sourced in "Country B", he may find that both countries want to tax that income. "Country A" wants to tax the income because they tax the income of their residents. "Country B" wants to tax the income because they tax any income generated within their borders. To eliminate double taxation, the two countries have established a tax treaty saying that the country where the income is generated has the primary claim on the tax, in this case "Country B". The earner would calculate and then pay tax to "Country B". Next, he would calculate the amount of tax normally payable to "Country A", but then reduce that tax by using the foreign tax credit to subtract the amount of tax already paid to "Country B". "Country A" would only receive any tax if the amount paid to "Country B" was lower than the "Country A" tax, and the tax payable would be the difference between the two amounts. If the Country B tax was higher than the Country A tax, then there would be no tax paid to Country A.

ee also

*Tax competition

External links

* [http://www.oecd.org/dataoecd/52/34/1914467.pdf OECD model tax treaty]

References