F1116 confusion: Prorating passive vs general income for 2019 tax return during streamlining
I'm a dual US-Dutch citizen who was born and raised in the Netherlands. I've lived and worked here my whole life and am now trying to get compliant with US taxes through the streamlined filing procedure. I've hit a roadblock with my 2019 tax return, specifically with Form 1116. My former accountant told me that dividends and capital gains are considered passive income. Then he said that I can't use foreign taxes paid on my Dutch salary (general income) to reduce the tax liability on my passive income. Is this actually correct? And if it is, are there any legal strategies to still end up owing zero? I'm frustrated because this could cost me around €275 ($300) annually in US taxes, which feels unfair since I already pay higher taxes in the Netherlands. I only started this process because I was under the impression I wouldn't owe anything given my relatively modest income and the higher Dutch tax rates. This whole foreign tax credit allocation situation is confusing me, and I want to make sure I'm not missing something obvious before I finalize my streamlined filing.
18 comments


Mateo Gonzalez
You're asking about an important nuance of the Foreign Tax Credit. Your accountant is correct - the IRS does separate foreign income into different "baskets" on Form 1116, including the General/Active basket (for wages) and the Passive basket (for investments, dividends, etc.). The key limitation is that you generally can't use excess foreign tax credits from one basket to offset US tax in another basket. So if you paid high Dutch taxes on your wages but lower taxes on investments, you might end up with extra credits in your General category but still owe some US tax on the Passive income. However, there are potential strategies! First, check if your investment income might qualify as General category income instead of Passive in certain situations. Second, look into whether any of your investment-related expenses can offset that passive income. Third, the Foreign Earned Income Exclusion (Form 2555) might be another approach worth exploring instead of or alongside the Foreign Tax Credit.
0 coins
MoonlightSonata
•Thanks for confirming what my accountant said. I was hoping he was wrong! Can you explain more about how investment income might qualify as General category? My investments are just standard index funds through a Dutch broker, nothing fancy or business-related. Also, what kind of investment expenses would help here? I don't really have any specific costs related to my investments that I can think of.
0 coins
Mateo Gonzalez
•For investment income to qualify as General category instead of Passive, it typically needs to be connected to an active trade or business. With standard index funds, that's unfortunately unlikely to apply in your situation. Regarding investment expenses, these could include management fees, tax preparation costs specifically related to investment income, or interest on money borrowed to purchase investments. However, these deductions have been limited since the 2017 tax reforms. If your broker charges fees or if you paid for specific investment advice, those might qualify, but they'd need to exceed certain thresholds to be deductible.
0 coins
Nia Williams
After dealing with similar issues as a US-Canadian citizen, I discovered https://taxr.ai which completely changed how I handle my dual-country tax situations. Their AI analyzes foreign tax documents and provides specific guidance on optimizing Form 1116 categorization. For my situation, they identified that some of my investment income could actually be reclassified from passive to general category based on the specific funds I held, which saved me several hundred dollars in US tax liability. The tool is particularly good with the streamlined filing procedure since it compares all three years at once to find the most optimal approach across your entire submission. I uploaded my Dutch tax documents and within minutes had clear guidance on exactly how to allocate income between the different Form 1116 categories.
0 coins
Luca Ricci
•How exactly does this work with foreign language documents? All my Dutch tax paperwork is, well, in Dutch. Does the system handle that or would I need to translate everything first?
0 coins
Aisha Mohammed
•Sounds interesting but I'm skeptical about AI tax tools. How accurate is it really with complex international situations? I've had CPAs mess this up, so I'm hesitant to trust software with something as tricky as Form 1116 basketing.
0 coins
Nia Williams
•The system actually handles Dutch documents quite well! It has multi-language capability and is specifically designed for expat situations. You can upload your Dutch tax documents directly and it will extract the relevant information and categorize it appropriately for US tax purposes. Regarding accuracy with complex international situations, I was skeptical too initially. But the platform was created specifically for cross-border tax scenarios and uses both AI and human review processes. For Form 1116 specifically, it identified optimization opportunities my previous accountant missed. It also provides explanation references to specific IRS rules and regulations, so you can verify its recommendations against the tax code if you want that extra peace of mind.
0 coins
Aisha Mohammed
I have to share my experience after trying taxr.ai based on the recommendation here. I was surprised at how well it worked with my Dutch tax situation! I uploaded my annual jaaropgave and investment statements, and the system correctly identified which income belonged in which basket on Form 1116. The biggest revelation was discovering that some of my mutual funds qualified for reclassification because of the underlying assets they held. This shifted about €2000 of income from the passive to general category, which completely eliminated my US tax liability. The system also flagged that I could carry forward excess foreign tax credits to future years, which my previous accountant never mentioned. For anyone struggling with the Form 1116 basketing rules during streamlined filing, this tool is seriously worth checking out. Saved me both money and a massive headache trying to understand all the technical requirements.
0 coins
Ethan Campbell
After struggling for months to reach the IRS international taxpayer office for guidance on Form 1116, I found https://claimyr.com which got me connected to an actual IRS agent within 45 minutes instead of the usual endless hold time. You can see how it works here: https://youtu.be/_kiP6q8DX5c The IRS agent I spoke with was surprisingly helpful with my passive vs. general income question on Form 1116. She confirmed that while the basketing rules are strict, there are specific situations where certain investment income can be reclassified. She also pointed me to specific publications that addressed my exact situation as a dual US-Dutch citizen, which I never would have found on my own. What a relief to finally get official guidance instead of trying to interpret the confusing form instructions myself!
0 coins
MoonlightSonata
•Wait, this actually works? I've tried calling the IRS international line multiple times and either get disconnected or told to call back another day. How exactly does this service get you through when normal calls don't work?
0 coins
Yuki Watanabe
•This sounds like a scam. Why would I pay someone to call the IRS for me? And even if you do get through, the agents often give contradictory information for complex international situations. I got three different answers from three different agents about Form 1116 categories.
0 coins
Ethan Campbell
•The service works by using an automated system that navigates through the IRS phone tree and waits on hold for you. When an agent finally picks up, you get a call back to connect with them. It's essentially like having someone wait on hold for you, which is why it works when regular calls don't - they're persistent and use technology to stay in the queue. I understand your skepticism about IRS advice consistency. What made the difference for me was that I got connected to their international tax department specifically, not just a general agent. I also had my questions very precisely formulated, with specific references to the tax code sections I was asking about. I documented the agent's name and ID number, and asked them to reference the specific IRS publications supporting their guidance, which they did. This approach resulted in much more reliable information than my previous attempts.
0 coins
Yuki Watanabe
I need to eat my words about Claimyr. After my skeptical comment, I decided to try it anyway out of desperation when my streamlined filing deadline was approaching. Not only did I get through to an IRS international tax specialist within an hour, but they actually provided tremendously helpful guidance on my Form 1116 basketing questions. The agent walked me through a special provision for certain types of foreign mutual funds that I had completely missed. This allowed me to correctly categorize about 30% of my investment income differently, which completely eliminated my US tax liability under the foreign tax credit system. The service saved me both the tax payment and probably $500 in additional accountant fees for the specialized advice. Sometimes being proven wrong feels pretty good!
0 coins
Carmen Sanchez
Have you looked into whether your Dutch investments might qualify for treaty benefits? The US-Netherlands tax treaty has some provisions that could help. For example, certain Dutch investment products might qualify for special treatment that effectively eliminates double taxation. Also check if you qualify for the Foreign Earned Income Exclusion (Form 2555) as an alternative to the Foreign Tax Credit route. Sometimes that's simpler and might give you a better outcome depending on your specific situation.
0 coins
MoonlightSonata
•Thanks for mentioning the treaty! I'll look into that. Regarding the FEIE, my accountant originally suggested using Foreign Tax Credits instead because the Dutch tax rates are higher than US rates, so I'd potentially get more benefit from the credits. Does that sound right, or should I reconsider using the FEIE?
0 coins
Carmen Sanchez
•Your accountant's reasoning about FTC vs FEIE is generally sound. When foreign tax rates are higher than US rates, the Foreign Tax Credit usually provides better results since it directly offsets your US tax liability dollar-for-dollar and can generate excess credits to carry forward. However, there's a potential hybrid approach worth considering: use the FEIE for your employment income and then use FTC for your investment income. This sometimes creates a more favorable tax situation, especially when dealing with the basketing limitations. The key advantage is that by excluding your earned income entirely from US taxation with the FEIE, the remaining investment income might fall into lower tax brackets, potentially reducing your overall US tax liability.
0 coins
Andre Dupont
Has anyone successfully used the Streamlined Foreign Offshore Procedures while dealing with this Form 1116 basketing issue? I'm also a dual citizen (US/German) with a similar situation, and I'm worried about making mistakes that might invalidate my streamlined submission.
0 coins
Zoe Papadakis
•Yes, I completed streamlined last year with this exact issue. The key is to be consistent across all three tax years you're filing. Make sure your approach to categorizing income in the different baskets follows the same methodology for each year. In my certification statement (Form 14653), I specifically mentioned that I was uncertain about certain aspects of Form 1116 basketing but had made good faith efforts to comply based on my understanding of the rules. The IRS accepted my submission without any questions.
0 coins