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How do I report foreign income to the IRS while living in Spain on the Digital Nomad Visa?

 

To report foreign income to the IRS while living in Spain on a Digital Nomad Visa, you must file your U.S. tax return, including all your worldwide income. Utilize the Foreign Earned Income Exclusion (FEIE) and Foreign Tax Credit to potentially reduce your U.S. tax liability on income earned abroad.

Understanding the Digital Nomad Visa and Its Implications

The Spain Digital Nomad Visa allows remote workers to live in Spain while working for companies or clients outside of Spain. This visa is specifically designed for professionals who can perform their jobs online, making it an increasingly popular choice for U.S. citizens seeking to experience life in Spain without giving up their careers. However, residing abroad does not exempt you from U.S. tax obligations.

Reporting Income: U.S. Tax Obligations

As a U.S. citizen, you must report your global income to the IRS regardless of where you reside. This includes wages, dividends, rental income, and other earnings you receive while living in Spain. The key forms you’ll need to complete for foreign income reporting are Form 1040, Schedule B, Form 2555 for FEIE, and Form 1116 for Foreign Tax Credit.

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Form 2555: Foreign Earned Income Exclusion

Form 2555 allows you to exclude a certain amount of foreign-earned income from your U.S. tax return, which can significantly reduce your taxable income. For the tax year 2023, you can exclude up to $120,000 per qualifying individual. To qualify, you must meet the Physical Presence Test or the Bona Fide Residence Test, ensuring you are physically present in a foreign country for at least 330 full days during a 12-month period or establish that you have set up a domicile in the foreign country.

Form 1116: Foreign Tax Credit

If you are paying taxes on your income to the Spanish government, you may be eligible to claim a Foreign Tax Credit using Form 1116. This credit helps to avoid double taxation by allowing you to offset your U.S. taxes with the taxes you paid abroad. The credit is generally limited to the amount of U.S. tax attributable to your foreign income, ensuring you don’t pay more than you owe.

Additional Reporting Requirements

Beyond income tax, U.S. citizens living abroad must also comply with additional reporting requirements. One of the most crucial is the Foreign Bank Account Report (FBAR), which must be filed if you have foreign bank accounts with a total value exceeding $10,000 at any point during the year. Additionally, certain assets might require reporting under the Foreign Account Tax Compliance Act (FATCA) using Form 8938 if they exceed specific thresholds.

Comparison with Other Visas

While the Digital Nomad Visa is ideal for remote workers, those seeking a more permanent residence might consider the Non-Lucrative Visa. This visa is designed for individuals with passive income sources who do not intend to work in Spain. Both visas offer unique benefits and have different tax implications, so choosing the right one depends on your financial and career goals.

Best Practices for Managing U.S. Tax Obligations

To effectively manage your U.S. tax obligations while living in Spain, consider the following best practices:

  • Stay Informed: Regularly review IRS publications and updates to ensure compliance with tax laws and reporting requirements.
  • Consult a Tax Professional: Working with a tax advisor who specializes in expatriate tax issues can help you optimize your tax strategy and avoid common pitfalls.
  • Keep Accurate Records: Maintain detailed records of your income, foreign taxes paid, and any deductions or credits claimed.
  • File Timely: Ensure you file your tax return on time, including any necessary extensions, to avoid penalties.

For more details, check out our comprehensive guide – Make Spain your Home – Complete Guide.

Got questions about living in Spain? Get in touch or chat with us on Zoom to find the best visa route for your move.

David Poole is a South African entrepreneur and businessman, and founder of Consult Immigration.