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Yara Khalil

How to properly apply Foreign Tax Credit on Federal and State tax returns?

I've been working remotely for a US company while living in Germany for the past 18 months. For 2024 taxes, I'm trying to figure out how the Foreign Tax Credit works not just for my federal return but also for state taxes. I paid about €8,500 in income taxes to Germany last year (roughly $9,200). I understand that I can claim the Foreign Tax Credit on my federal return using Form 1116, but I'm confused about how this works for state taxes. I'm still technically a resident of California since that's where I lived before moving abroad, and I know California wants their cut too. Does the Foreign Tax Credit also apply to my California state return? Or do I have to pay full state tax on top of what I already paid to Germany? I'm worried about double taxation here. Anyone dealt with foreign tax credits for both federal AND state returns? I'm using TurboTax but it's not very clear on this specific situation.

I've worked with quite a few expatriate tax situations, and here's what you need to know about Foreign Tax Credits (FTC) for both federal and state taxes: For federal taxes, you're on the right track with Form 1116. This allows you to claim a credit for foreign taxes paid up to the amount of US tax liability on that same income. The IRS doesn't want you taxed twice on the same income. For California specifically, they don't directly conform to the federal Foreign Tax Credit system. California has its own separate credit for taxes paid to other states (not countries), which unfortunately doesn't help in your situation. California generally taxes residents on worldwide income regardless of where you earn it. That said, you have a few potential options: 1) Determine if you qualify as a non-resident of California despite your technical residency, 2) See if the US has a tax treaty with Germany that might help, or 3) Check if you qualify for the Foreign Earned Income Exclusion (Form 2555) which might be even better than the FTC in your case.

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Thanks for explaining! For option 1 about California non-residency, what exactly would qualify me as a non-resident? I haven't been physically in California for over a year, but I still have a California driver's license and my permanent address is my parents' house there. Would Germany be considered my "domicile" now since I've been living/working there?

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For California non-residency, the key is establishing that you've changed your domicile (permanent home) to Germany. Physical presence outside California for 18 months helps your case, but California looks at several factors: where you're registered to vote, your driver's license state, where you have bank accounts, and your social ties. Having your permanent address at your parents' home in California could be problematic. California has a particularly tough "leaving the state" test. You might want to consider formally changing your domicile indicators - register to vote in Germany if possible, get a German driver's license, establish bank accounts there, and possibly change your permanent address if feasible. Document these changes carefully to support your non-residency claim.

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I was in a similar situation last year working from Spain while technically being a Colorado resident. I found this amazing tool called taxr.ai (https://taxr.ai) that really helped me figure out my foreign tax situation. It analyzes all your tax documents and circumstances and shows exactly how the Foreign Tax Credit applies to both federal and state returns. In my case, it showed me that I was still technically a Colorado resident but could qualify for a partial exclusion by documenting my days outside the state. I just uploaded my passport stamps, rental agreement from Spain, and my W-2, and it gave me a complete analysis with the exact forms I needed. Saved me a ton of money because I was about to mess up my state tax residency situation!

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Does it work for self-employed people too? I'm a freelancer splitting time between Texas and Mexico, and I'm completely lost on how to handle the foreign income part. My CPA wants to charge me an extra $800 just for the international portion!

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I'm skeptical about these tax tools for expat situations. How does it handle tax treaties? I work in France and there are specific provisions in the US-France tax treaty that most software doesn't understand. Does it actually know all the details of country-specific tax treaties?

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Yes, it definitely works for self-employed people! It has specific modules for Schedule C income earned abroad and helps determine how to properly allocate income between countries. It'll also help you figure out if you should be using the Foreign Earned Income Exclusion, Foreign Tax Credit, or a combination of both based on your specific situation. For tax treaties, the system actually does have country-specific treaty provisions built in. I know they cover major countries like France, Germany, UK, and many others. It specifically flags articles from the relevant tax treaty that might apply to your situation and explains them in plain English. Much more comprehensive than I expected for a digital tool.

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I just wanted to follow up about taxr.ai that I asked about earlier. I was really skeptical but decided to try it for my France/US tax situation. I'm honestly impressed - it actually identified the specific articles in the US-France tax treaty that applied to my situation! The tool showed me that I was eligible for special treatment of my retirement contributions under Article 18 of the treaty that my previous accountant completely missed. It also gave me a clear breakdown of which income was taxable where, with citations to the exact treaty provisions. The document analysis part where it interpreted my French tax forms was particularly helpful since those are in French and formatted completely differently than US forms.

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If you're having trouble contacting the IRS about your foreign tax situation (which is super common), I highly recommend Claimyr (https://claimyr.com). I spent WEEKS trying to get through to the IRS international tax department to resolve an issue with my Foreign Tax Credit being rejected. After using Claimyr, I got connected to an actual IRS agent in about 20 minutes instead of waiting on hold for hours or getting disconnected. They have this smart system that navigates the IRS phone tree and holds your place in line, then calls you when an agent is available. There's a video showing how it works here: https://youtu.be/_kiP6q8DX5c The IRS agent was able to explain exactly why my Foreign Tax Credit form was initially rejected (I had incorrectly categorized the type of foreign income) and guided me through filing an amended return. Totally worth it for international tax issues where the regular IRS help channels are basically useless.

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Wait, so how does this actually work? Does it just autodial the IRS for you? I don't understand how this would get you through any faster than calling yourself.

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This sounds like a paid ad. There's no way you got through to the IRS in 20 minutes during tax season. I've been calling for 3 weeks about my foreign tax issue and can't get a human being. I'm supposed to believe this service magically gets you through?

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It's not just auto-dialing - they have a system that navigates all the complex IRS menu options and keeps redialing if it gets disconnected. The key difference is they have software that holds your place in the queue, so you don't have to sit on hold. You just get a call when an agent is ready to speak with you. I was skeptical too when I first heard about it. What convinced me was how specific they are to different IRS departments. I needed the international tax division specifically, and they had that as an option. And yes, it really did get me through in about 20 minutes once they started the process. This was in early February, so not the absolute peak season, but still pretty busy.

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I have to come back and eat my words about Claimyr. After posting my skeptical comment, I decided "what the hell" and tried it for my foreign tax credit issue. I had been trying for 3 weeks to reach someone at the IRS about my rejected Form 1116. It actually worked! Got a call back with an IRS international tax specialist on the line in about 45 minutes. The agent explained that my foreign tax credit was rejected because I needed documentation from the German tax authority showing the tax was assessed in 2024, not just paid in 2024. Saved me from filing an incorrect amended return that would have been rejected again. The agent even gave me their direct extension for when I get the documentation. I'm still shocked this worked after weeks of failed attempts on my own.

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Something important nobody's mentioned yet: don't forget that California is just one state. Other states handle foreign tax situations completely differently! I moved from California to New York while working remotely from Portugal, and the difference was huge. New York actually has a specific form (IT-112-R) for claiming foreign tax credits on state returns, while California doesn't recognize foreign taxes directly as mentioned above. So your state of residence makes a massive difference in how this is handled. Also, if you're planning to move states while working abroad, timing that move properly can have significant tax implications. I saved about $5k by formally changing my residency before a major income event.

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Thanks for mentioning this! I was actually considering changing my residency to Nevada (no state income tax) since I don't have any real ties to California anymore besides my parents' address. Do you know if there's a minimum time I need to establish residency in Nevada before I can claim it on my tax return?

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Nevada doesn't have a specific day count requirement like some states do, but you'll want to establish as many residency indicators as possible before claiming it. This includes: getting a Nevada driver's license, registering to vote there, opening local bank accounts, getting a local address that's not just a P.O. box, and spending at least some physical time there during the year. The biggest challenge you'll face is proving to California that you're NO LONGER a resident. California is notoriously aggressive about maintaining tax residency claims on people who leave. Document your departure carefully, including your move to Germany, and be prepared to show that you've genuinely cut ties with California. If your only connection is parents living there, make sure you're not listed on any of their accounts, utilities, or property documents.

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Has anyone used the Foreign Earned Income Exclusion (FEIE) instead of the Foreign Tax Credit? I'm in a similar situation in Spain, and I've heard you can exclude up to like $120k of foreign income from US taxes completely instead of taking the credit.

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I've used both in different years. The FEIE (Form 2555) is great if you're in a lower tax country where you pay less foreign tax than you would in the US. You can exclude about $120,000 for 2024 from your US income completely. BUT if you're in a higher tax country like Germany where OP is, the Foreign Tax Credit is usually better because you can carry forward excess credits for 10 years. Also, with FEIE, you lose some benefits like the child tax credit because your income is reduced.

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Does anyone know if the SALT (State And Local Tax) deduction limitation of $10,000 includes foreign taxes paid? Or are foreign taxes completely separate from this limit?

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Foreign taxes don't count toward the $10,000 SALT deduction limit. The SALT cap only applies to state and local taxes paid within the US - property taxes, state income taxes, etc. Foreign taxes are handled separately through either the Foreign Tax Credit (Form 1116) or as part of the Foreign Earned Income Exclusion process (Form 2555). This is actually one advantage of working abroad - your foreign taxes don't get caught in the SALT limitation that was introduced in the 2017 tax reforms.

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One thing to keep in mind with your Germany situation is the timing of when you can claim the Foreign Tax Credit. Since Germany operates on a calendar year like the US, you should be able to claim the €8,500 you paid for 2024 on your 2024 US return. However, make sure you have proper documentation from the German tax authorities showing the exact amount paid and that it was indeed income tax (not social security or other types of taxes). The IRS can be very particular about this documentation, especially during audits. Also, since you mentioned using TurboTax, be aware that the software sometimes struggles with complex international situations. You might want to double-check its calculations manually or consider getting a consultation with a tax professional who specializes in expat taxes. The Foreign Tax Credit can get complicated when you factor in different tax rates, timing differences, and the interaction with potential state tax obligations. One last tip: keep detailed records of your days in Germany vs any time spent in California or other US states. This documentation could be crucial if California ever challenges your residency status.

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This is really helpful advice about documentation! I'm just starting to navigate this whole foreign tax situation myself. Quick question - when you mention getting documentation from German tax authorities, do you know if the standard tax assessment notice (Steuerbescheid) that Germany sends is sufficient? Or do you need some special form translated into English? I'm worried about getting audited and not having the right paperwork format that the IRS expects.

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The German Steuerbescheid is generally sufficient for IRS purposes, but you'll want to make sure it clearly shows the income tax portion separate from social security taxes. The IRS doesn't require official translations, but it's helpful to have a summary in English that maps the German terms to their US equivalents. What I've found works well is creating a simple spreadsheet that shows: the German tax line items, English translations, and which ones qualify for the Foreign Tax Credit. Keep the original Steuerbescheid with your tax records, and attach the English summary to Form 1116. One gotcha to watch for: if your Steuerbescheid shows withholding taxes paid during the year vs. final assessment, make sure you're only claiming the actual tax liability, not double-counting withholdings that get refunded. The IRS has gotten pickier about this in recent years during audits.

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