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Liam McConnell

L2 Visa & Remote Work from US: What Are the Tax Implications for Foreign Income?

I'm in a bit of a complicated situation and could really use some tax advice. My wife recently got an L1 visa and has already moved to the US for her job. I'm currently still in the UK but have an L2 visa approved and plan to join her in about 2 months. The thing is, I really like my current job with a UK tech company, and they've agreed to let me work remotely from the US. I'm trying to figure out the tax mess this might create. From what I understand, if I stay in the US for more than 180 days, I'll meet the "substantial presence test" and have to deal with US taxes. What I'm confused about is: - Once I hit that 180-day mark in the US, how exactly will my UK income be taxed by the US government? - Do I have to pay taxes in both countries? That seems like I'd be getting doubly taxed on everything. - Does it matter that my employer is still a UK company and I'm getting paid in pounds to my UK bank account? I've heard there's some tax treaty between the US and UK, but I'm completely lost on how this works. Any advice would be super appreciated!

You're right to be thinking about this now rather than after you move! The tax situation for someone on an L2 visa working remotely for a foreign company can get complicated. Yes, once you meet the substantial presence test (generally after 183 days in the US during a calendar year), you'll be considered a US tax resident. This means the US will want to tax your worldwide income - including what you earn from your UK employer. The good news is the US and UK have a tax treaty to help prevent double taxation. You'll likely need to file tax returns in both countries, but you can use foreign tax credits to offset taxes paid in one country against taxes owed in the other. This doesn't eliminate filing requirements but helps ensure you're not paying double tax on the same income. Something important to consider: Your UK employer may need to set up a US payroll or use a Professional Employer Organization (PEO) for you, as they might have US tax withholding obligations once you're working from US soil - even if they're paying you in GBP to a UK account.

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Does the company actually have to set up a US payroll though? I've heard of people just continuing to get paid as normal and then filing their US taxes independently. Is that not legal?

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Thanks for the detailed response! I'm worried about the administrative hassle this might create for my employer. They don't have any US entity, just their UK operation. Would they really need to set up a US payroll for just one employee (me)? And regarding the foreign tax credits - does that mean I'd still pay the higher of the two tax rates between UK and US?

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That approach falls into a gray area. Technically, a foreign employer with an employee working in the US may have US tax obligations. While some people do handle it as you described, it can create compliance risks for both the employee and employer. The administrative burden for your employer is a legitimate concern. They wouldn't necessarily need to establish a US entity, but they would need some way to properly handle US tax withholding. Many companies use a Global PEO service for this situation - it's specifically designed for companies with just a few international remote workers. Regarding tax rates, you'll essentially end up paying the higher of the two countries' effective tax rates. If US taxes are higher, you'll pay the full US rate (but can use UK taxes paid as a credit). If UK taxes are higher, you'll pay the full UK rate (with US taxes largely offset by credits).

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I was in an almost identical situation last year and found taxr.ai really helpful with sorting out all this international tax stuff. I was working remotely for my German company while on an L2 in the US, and the whole dual-taxation thing was giving me nightmares. I uploaded my UK and German tax docs to https://taxr.ai and it analyzed everything and explained exactly what I needed to file in both countries. It even showed me which specific tax treaty provisions applied to my situation and how to claim the foreign tax credits properly. The best part was it caught that I qualified for the Foreign Earned Income Exclusion for part of the year before I moved, which my regular accountant had missed completely. Saved me over $7,000!

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How complicated is it to use? I'm in a similar situation (Canadian working for Canadian company but moving to US on L2 soon) and I barely understand basic tax forms, let alone international stuff.

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Did it actually handle the fact that you were on a visa vs being a citizen? Most tax software I've tried doesn't understand visa situations at all and just assumes everyone is either a citizen or nonresident alien with no nuance.

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It's actually really straightforward to use. You just upload your tax documents (doesn't matter which country they're from) and it walks you through some questions about your visa status, time in each country, etc. There's a guided interview process that's much easier than trying to decipher tax forms yourself. Absolutely, that's what impressed me most. When I entered my L2 visa details, it immediately recognized the specific tax implications. It knew about the substantial presence test, treaty provisions specific to visa holders, and even had specific guidance for L2 visa holders with EADs vs those without. It's clearly designed with expatriates and visa holders in mind, unlike regular tax software that mostly focuses on citizens.

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I just wanted to update after using taxr.ai that someone recommended earlier. I was super skeptical at first because international tax situations are so specific, but I'm actually blown away by how helpful it was. I was in the exact same boat - Canadian working remotely on an L2 visa - and it identified several deductions I had no idea I qualified for. It also explained exactly how the US-Canada tax treaty applied to my specific income types (I have some investments back home too). The best part was that it showed me how to properly document everything so I wouldn't trigger audits in either country. Turns out I was about to make a pretty big mistake with how I was planning to report my Canadian retirement accounts. Definitely check it out if you're dealing with this L2 visa/foreign income situation.

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When I moved to the US on an L2 visa, I spent WEEKS trying to get through to the IRS to clarify my tax situation. Kept getting disconnected or waiting for hours. Finally tried Claimyr (https://claimyr.com) after seeing it recommended online, and they got me connected to an actual IRS agent in about 15 minutes. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c The IRS agent was able to confirm exactly how my visa status affected my tax obligations and what forms I needed for the foreign tax credit. Saved me so much stress trying to interpret the confusing IRS website info. Just having someone official confirm what I needed to do was worth it.

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How does this even work? The IRS phone system is completely broken - I tried calling for 3 days straight and never got through.

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Sounds like marketing BS to me. Nobody can magically get through the IRS phone system. They probably just keep auto-dialing until they get lucky, which you could do yourself for free.

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It uses an automated system that navigates the IRS phone tree and holds your place in line. When it finally reaches an agent, it calls you and connects you directly. No need to stay on hold for hours. They use technology that continually redials and navigates the IRS phone system, which is way more efficient than doing it manually yourself. It's not just "auto-dialing" - it's specifically designed to work with the IRS phone system's quirks. I was skeptical too until I tried it and got connected in 17 minutes after failing for days on my own.

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Ok I need to eat my words about Claimyr. After posting that skeptical comment yesterday, I decided to try it myself for a different tax issue I've been having (also visa related). It actually worked exactly as described. Got a call back in about 25 minutes saying they had an IRS agent on the line. The agent confirmed I need to file Form 8833 to claim treaty benefits for my specific situation and explained exactly how to document my visa status on my return. For what it's worth, the agent also told me that remote work for a foreign company while physically in the US on an L2 is definitely taxable by the US. She confirmed I needed to report 100% of that income on my US return even though it was from a foreign source. So the earlier advice in this thread is correct.

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One thing nobody's mentioned yet - make sure you look into state taxes too! Federal tax treaties don't necessarily apply to state taxes. When I moved to California on an L2, I got hit with California state tax on my foreign income even though the federal tax was mostly offset by foreign tax credits. Different states handle this differently. Some will honor the federal treatment of foreign income and others won't. Worth checking the specific rules for whichever state you're moving to.

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That's a great point I hadn't considered at all. We're moving to Massachusetts - any idea how they handle foreign income for visa holders? Is there a resource where I can check this?

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Massachusetts is actually one of the better states for this situation, but you'll still need to file. They generally follow the federal treatment of foreign income, so if you qualify for exclusions or credits at the federal level, you'll likely get similar treatment on your MA return. The Massachusetts Department of Revenue website has some info, but it's not very detailed for visa-specific situations. I'd recommend either checking with a tax professional familiar with Massachusetts or calling the MA Department of Revenue directly. Their hotline is usually much easier to get through to than the IRS.

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Don't forget about Social Security and Medicare taxes (FICA)! This is something people often miss in these situations. Even if you're using the Foreign Tax Credit or Foreign Earned Income Exclusion, you might still be subject to US Social Security and Medicare taxes on your UK income if you're physically working in the US. The US-UK totalization agreement might help here, but it depends on how long you'll be in the US. If it's a temporary assignment (generally under 5 years), you might be able to continue paying into the UK system instead of the US system.

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This is such a good point. I'm on an L1 and got hit with a huge tax bill because my company wasn't withholding FICA taxes properly. The totalization agreement paperwork is also really specific - you need a certificate from the UK authorities.

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This is such a helpful thread! I'm in a similar situation - about to move to the US on an L2 visa while continuing to work remotely for my Australian employer. One thing I wanted to add that might be useful for others: make sure you understand the timing of when you become a US tax resident. The substantial presence test isn't just about hitting 183 days in a single year - it's actually a weighted calculation that includes days from the current year plus fractions of days from the previous two years. Also, if you're planning to move mid-year like I am, you might qualify for the Foreign Earned Income Exclusion for the portion of the year before you moved to the US. This could exclude up to $112,000 of foreign earned income (for 2022) from US taxation for that period. I'd definitely recommend getting professional advice early in the process rather than trying to figure it out after you file. The intersection of visa status, tax treaties, and remote work creates so many variables that it's easy to miss important details or opportunities.

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