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Eva St. Cyr

How are taxes handled now that the US / Hungary Double Tax Treaty is ending?

Hi everyone, I need some advice from anyone familiar with international taxation. I just found out that the US and Hungary have terminated their double taxation treaty, and I'm really concerned about the tax implications. I'm a US citizen with income sources both in the US and from several international clients. I've been seriously considering relocating to Hungary for the next few years, but now I'm worried about potentially facing heavy taxation in both countries. My main question is: how does taxation typically work when there is no formal tax treaty between two countries? Does anyone have specific insights about the US-Hungary situation? It seems crazy to think I would end up paying full taxes on my entire income to both governments. Surely there must be some way to avoid this double taxation nightmare? From what I understand, US citizens can still use the Foreign Earned Income Exclusion (FEIE) which would cover about the first $120k of foreign earned income per year. Would that still apply in this case even without the treaty? Any guidance would be really appreciated! I'm trying to make an informed decision before potentially making this move.

The termination of the US-Hungary tax treaty definitely complicates things, but it doesn't mean you'll necessarily be double-taxed on everything. Here's what you should know: Without a tax treaty, you'll rely primarily on the Foreign Earned Income Exclusion (FEIE) and Foreign Tax Credit (FTC). The FEIE allows you to exclude up to $126,500 (for 2024) of foreign earned income from US taxation if you meet either the bona fide residence test or the physical presence test. This would still apply even without a treaty. For income above the FEIE limit or income types not covered by it (like investment income), you can claim the Foreign Tax Credit for taxes paid to Hungary. This isn't as streamlined as treaty benefits, but it does help prevent double taxation. The main downsides of no treaty: potentially higher withholding rates on cross-border payments, more complicated tax filing requirements, and possibly some specific types of income that might face some double taxation.

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Thanks for this info! I'm confused about the Foreign Tax Credit - does it fully offset any taxes paid to another country? Like if Hungary taxes me at 15% and the US would normally tax that same income at 22%, do I just pay the difference of 7% to the US?

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The Foreign Tax Credit generally allows you to offset your US tax liability dollar-for-dollar for taxes paid to foreign countries, but there are limitations. If Hungary taxes you at 15% and the US would tax that same income at 22%, you'd get a credit for the 15% paid to Hungary and only owe the 7% difference to the US. However, the FTC has complexities - it's calculated separately for different categories of income, and there are limitations based on your overall foreign income compared to worldwide income. You can't use the FTC on income you've already excluded with the FEIE, so you have to choose which benefit works better for each portion of your income.

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Just wanted to follow up about taxr.ai - I was skeptical (as you can see from my previous comment), but I decided to try it out of desperation. I'm actually amazed at how well it worked for my US/Germany situation. It identified several opportunities I was missing with Foreign Tax Credits and recommended a better approach than what I had been doing. The system walked me through documenting my foreign residence status to qualify for the FEIE, which I didn't realize I could claim. It even flagged some treaty provisions that still applied in my case. Not sure if I'm allowed to share numbers here, but it saved me a significant amount compared to what I was paying before. Definitely worth checking out if you're dealing with the US/Hungary situation.

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This sounds too good to be true. The IRS international line is notoriously impossible to reach. I've tried calling at 7am when they open and still waited 2+ hours. If this actually works, it would be a game-changer, but I'm not convinced any service can magically get through their system faster than calling directly.

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They don't jump the queue - they use technology to wait in line for you. Their system calls the IRS, navigates through all the prompts and phone menus, and then sits on hold in your place. When an actual IRS agent picks up, their system calls your phone and connects you directly to the agent. You skip the waiting part, not the line itself. The beauty of it is you don't have to sit there listening to hold music for hours. You can go about your day, and your phone only rings when there's an actual human ready to help you. I was skeptical too, but after spending multiple days trying to get through myself, it was worth trying. Got connected to an IRS international tax specialist in about 35 minutes of their system waiting (while I was doing other things).

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I have to admit I was completely wrong about Claimyr in my previous comment. After yet another failed attempt to reach the IRS international department myself, I tried the service out of frustration. It actually worked exactly as described! I put in my number, their system called the IRS, and about 45 minutes later my phone rang with an IRS agent on the line. The agent I spoke with was able to clarify exactly how the Foreign Tax Credit works in non-treaty situations. They confirmed that while the Hungary treaty termination does complicate things, the FTC still prevents most double taxation. They also directed me to some specific IRS publications about living abroad without treaty protection that I hadn't found on my own. Definitely recommend this approach if you need specific guidance from the IRS about your Hungary situation.

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I lived in a non-treaty country for 4 years as a US citizen. Here's what you need to know: 1. The FEIE is your best friend. That ~$120k exclusion is per person, so if you're married, that's potentially $240k+ excluded from US taxes. 2. Foreign housing exclusion is also available in addition to FEIE - look into that too. 3. For income that doesn't qualify for exclusion, Foreign Tax Credits help but they're complicated. Get good tax software or a professional. 4. Hungary has a flat 15% income tax rate I believe, which is lower than US rates for higher incomes. This means you'll likely owe some US tax on income above the FEIE amount. Don't forget FBAR filing requirements if you have foreign accounts with over $10k total. Penalties are crazy high if you miss those.

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Do you have to choose between FEIE and Foreign Tax Credit? Or can you use both on different parts of your income?

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You can use both FEIE and Foreign Tax Credit, but not on the same income. Typically, the strategy is to use FEIE for your first ~$120k of foreign earned income, then use Foreign Tax Credits for any additional income above that amount or for income types that don't qualify for FEIE (like investment income). This hybrid approach often results in the lowest overall tax burden. Just be aware that once you revoke the FEIE to use Foreign Tax Credits instead, you can't go back to using FEIE for 5 years without IRS approval, so it's an important strategic decision.

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Watch out for Hungary's "global income reporting" requirement. Even though they typically only tax Hungary-source income for non-residents, as a resident you'll be taxed on worldwide income. As a US citizen, you're stuck filing US taxes forever no matter where you live (one of only two countries that does this, the other being Eritrea). Without the treaty, things are definitely more complicated, but not impossible. Consider talking to a tax professional who specializes in Hungary+US tax before making the move. The money spent on good advice will save you much more in the long run!

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Glad you mentioned this - I nearly got caught by the global income reporting in another EU country. Do hungarian residents get any tax benefits or breaks that might offset some of the double taxation issues?

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Hungary does offer some interesting tax benefits that could help offset double taxation issues. They have a "KATA" flat tax system for small businesses (though it's been restricted recently), and certain types of investment income get preferential treatment. More importantly for your situation, Hungary allows tax credits for foreign taxes paid, which creates a mirror image of the US Foreign Tax Credit system. So while you might pay Hungarian tax on your US income, you can often credit that against your US tax liability. Hungary also has some special regimes for expats and digital nomads that might apply depending on your work situation. The key is getting the timing right on establishing tax residency to maximize benefits from both countries' systems.

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Eva, I went through a similar situation when the US-Philippines tax treaty had some temporary complications a few years back. While it's definitely more complex without a treaty, it's not the end of the world. One thing I don't see mentioned yet is timing - if you're planning to move to Hungary, consider the timing of when you establish tax residency there. Hungary typically considers you a tax resident if you spend more than 183 days there in a year, but there are other factors too. You might want to structure your move to optimize which year you become a Hungarian tax resident. Also, keep detailed records of everything - days spent in each country, income sources, taxes paid, etc. Without a treaty, the burden of proof for avoiding double taxation falls more heavily on you. I learned this the hard way and had to reconstruct months of travel records. The FEIE and Foreign Tax Credit combination that others mentioned is definitely your best bet. Just make sure you understand the "bona fide residence" vs "physical presence" tests for FEIE qualification - they have different requirements and timelines. Have you looked into whether Hungary offers any special visa programs for remote workers or digital nomads? Some of these programs come with tax advantages that could help your situation.

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Thanks for sharing your experience with the Philippines situation! The timing aspect is really important - I hadn't considered how the year I establish Hungarian tax residency could impact my overall tax burden. Quick question about the bona fide residence vs physical presence tests: if I'm planning to relocate to Hungary for "the next few years" as Eva mentioned, would the bona fide residence test be easier to meet than tracking the 330 days for physical presence? I'm thinking the bona fide residence test might be more suitable for someone planning a longer-term stay rather than just trying to hit the day count. Also, do you know if Hungary has any specific documentation requirements for proving tax residency that would help with the US side of things? I want to make sure I have everything properly documented from day one.

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@Sophia Nguyen Great questions! For someone planning a multi-year stay like Eva, the bona fide residence test is usually the better route. You need to establish that Hungary is your tax home and you have no definite plans to return to the US for a certain period. This test looks at your intentions and ties to the foreign country rather than just counting days. The physical presence test 330 (days out of 365 can) be tricky because even brief trips back to the US for family emergencies or business can mess up your count. With bona fide residence, occasional trips home don t'disqualify you as long as your primary residence and life are in Hungary. For Hungarian documentation, you ll'want to keep records of: lease agreements or property purchases, utility bills, Hungarian tax registration, local bank account opening, employment contracts or business registration if applicable, and any official residency permits. Hungary issues a lakcímkártya "address" (card for) EU citizens and similar documentation for non-EU residents - this becomes crucial proof for US tax purposes. The key is establishing genuine ties to Hungary from day one rather than just being a tourist who stays a long time. Hungarian tax authorities are pretty straightforward about residency determination compared to some other EU countries.

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Eva, I completely understand your concern about the US-Hungary tax treaty termination - I went through something similar when I moved to a non-treaty country a couple years ago. The good news is that while it does complicate things, you won't necessarily face full double taxation. Here's what helped me navigate a similar situation: **Key strategies that still work without a treaty:** - Foreign Earned Income Exclusion (FEIE) - currently $126,500 for 2024, and yes, this still applies even without a treaty - Foreign Tax Credit for income above the FEIE threshold or non-qualifying income types - Foreign Housing Exclusion in addition to FEIE **Things to consider before your move:** - Hungary's 15% flat tax rate is actually lower than US rates for higher income levels, so you may end up owing some US tax on income above the FEIE amount - Time your move carefully - when you establish Hungarian tax residency matters for optimization - Keep meticulous records of everything (days spent in each country, all income sources, taxes paid) **Documentation you'll need:** Start collecting proof of Hungarian ties from day one - lease agreements, utility bills, tax registration, bank accounts, etc. This becomes crucial for proving bona fide residence to the IRS. One thing that really helped me was connecting with an expat tax specialist who understood both countries' systems before making the move. The upfront cost saved me thousands in the long run and gave me peace of mind about the transition. Have you looked into Hungary's digital nomad or special visa programs? Some come with tax advantages that could help offset the treaty loss.

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@Ava Johnson This is really helpful! I m'actually in the early stages of considering a similar move myself. When you mention connecting with an expat tax specialist, did you find one who was familiar with both the US system and your destination country specifically? I m'curious about the timing aspect you mentioned - are there particular months or parts of the tax year that work better for establishing foreign tax residency? I imagine crossing over the 183-day threshold mid-year could create some complications for that first year s'filing. Also, did you run into any issues with US banks or financial institutions once you established foreign residency? I ve'heard some banks get nervous about maintaining accounts for overseas residents, especially in non-treaty countries.

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