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Darcy Moore

Self-Employment Tax for US Citizen Living Abroad - Do I Still Owe?

I'm a US citizen who's lived in Germany my entire life. Growing up, my dad always talked about the double taxation issue for Americans abroad, but he used the Foreign Earned Income Exclusion, which I assumed would cover everything tax-related for me too. Well, I just discovered there's apparently nothing comparable for self-employment taxes (social security and Medicare)? These still have to be paid by US citizens abroad from what I'm learning, and I'm kind of freaking out because I've been earning some money from freelance design work over the past couple years. I've been making around $380-400 per month from various clients between 2022-2024, and have never filed or paid any US taxes (I do pay taxes here in Germany). How do I figure out what I owe now, including any penalties and interest? And is there any statute of limitations for these taxes that might help me? I'm worried this is going to be a complete nightmare to sort out.

You're right to be looking into this now rather than later! The Foreign Earned Income Exclusion (FEIE) only applies to income tax, not self-employment tax. Self-employment tax is essentially your contribution to US Social Security and Medicare, and unfortunately, there's no general exclusion for Americans living abroad. For your situation with income around $380-400 monthly, you'll need to file Schedule SE with your tax return. The self-employment tax rate is about 15.3% on your net earnings. You'll need to file for each year you had self-employment income, and you should file Form 1040 along with Schedule C to report your business income and expenses. As for statute of limitations - it's generally 3 years from the filing date, but this only starts once you actually file. If you never filed, the clock hasn't started ticking.

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So if they file now for those previous years, does the 3-year statute of limitations clock start now? Also, are there any tax treaties between Germany and the US that might help reduce the double taxation on self-employment income?

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Yes, once they file their past-due returns, the 3-year statute of limitations clock will start ticking from that filing date. There is indeed a totalization agreement between the US and Germany that might help in this situation. If they're paying into the German social security system, they may be able to avoid paying US self-employment tax. They would need to obtain a certificate of coverage from the German authorities to prove they're contributing to the German system. It's definitely worth looking into this option before paying any US self-employment taxes.

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I went through something similar last year with my freelance translation work while living in Spain. I found this tool called taxr.ai (https://taxr.ai) that seriously saved me. You upload your documents or just describe your situation, and it analyzes everything and tells you exactly what forms you need to file and how much you might owe. For situations like yours with international complications, it was super helpful because it flagged the totalization agreement between US and Germany that might exempt you from self-employment tax if you're already paying into the German system. It also helped me understand what penalties I might face and how to request abatement. They have experts who understand these specific international tax situations.

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How accurate was it compared to what you actually ended up owing? I've tried other tax tools before and they always seem to miss something with international situations.

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I'm skeptical about these AI tax tools. How does it handle the Totalization Agreements? Those are super specific and have different rules for each country. Does it actually understand all those nuances?

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The accuracy was surprisingly good. I ended up owing almost exactly what it estimated. The key difference from other tools is that it's specifically designed to catch international tax nuances rather than just domestic situations. It handles Totalization Agreements really well actually. It knows the specific provisions for different countries, including the Germany-US agreement. It flagged exactly what documentation I needed from the Spanish authorities to claim exemption from US self-employment tax, and even provided template language for requesting the certificate of coverage. That alone saved me thousands in SE tax that other tools would have just told me to pay.

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Just wanted to update that I tried taxr.ai after seeing it mentioned here. I've been living in Portugal for 3 years while doing freelance work and was totally confused about what I owed. The tool identified that I needed to file FBARS for my foreign accounts (which I had no idea about!) and showed me exactly how to calculate my self-employment tax obligations. It also pointed out that I qualify for a partial exemption under the US-Portugal totalization agreement since I'm in the Portuguese system. The step-by-step guidance for getting caught up on past filings was incredibly helpful, and it even generated draft letters for penalty abatement. Way more useful than the generic advice I was getting elsewhere that wasn't accounting for my specific international situation.

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I had exactly this issue but with the IRS constantly giving me different answers about my self-employment taxes while living in France. Took me 6 WEEKS of calling before I finally used Claimyr (https://claimyr.com) to get through to an actual IRS agent who knew about international tax situations. You can see how it works here: https://youtu.be/_kiP6q8DX5c The agent I spoke with confirmed I could claim exemption from self-employment tax under the US-France totalization agreement since I was paying into the French system, but I needed to file specific forms to document it. They also gave me the exact procedure for catching up on unfiled returns without facing the maximum penalties. Saved me thousands and gave me peace of mind after years of worrying.

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Wait, how does this service actually work? I've been trying to reach the IRS international tax department for months with no luck.

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Sounds like a scam. How would some random service get you through to the IRS faster than calling directly? The IRS wait times are what they are.

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It's not a magical bypass system - it basically automates the waiting process. You sign up, they call the IRS for you and wait on hold, then when an agent finally picks up, they call your phone and connect you. So you don't have to spend hours listening to the hold music or worry about getting disconnected. They use an automated system that redials and waits through the IRS phone tree, then when they get a human, they connect you immediately. I was skeptical too but it works because they're just using technology to handle the waiting part. The actual conversation is directly between you and the IRS agent once you're connected. I wasted so many hours trying to call directly before using this.

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I have to admit I was completely wrong about Claimyr. After my skeptical comment, I decided to try it anyway out of desperation since I needed clarification on my situation as a US citizen in Australia with self-employment income. Got connected to an actual IRS international tax specialist within a day! The agent walked me through Form 8833 to claim treaty benefits related to my self-employment tax and explained exactly which years I needed to file amended returns for. They even gave me direct instructions on how to request first-time penalty abatement that would save me over $1,200. For anyone dealing with international tax situations like this, being able to actually speak with someone who understands the nuances is invaluable. Completely worth it and definitely not a scam as I initially thought.

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One thing nobody has mentioned yet - if you're making under $400 a month, you might actually be under the threshold for having to pay self-employment tax at all. In 2024, you only owe SE tax if your net earnings from self-employment exceed $400 for the year. Looks like you're right around that threshold.

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Wow, I didn't realize there was a minimum threshold! So if my expenses bring my net income below $400 for any of those years, I wouldn't owe SE tax for that year? Does that mean I wouldn't need to file at all for those years?

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That's right - if your net self-employment income (after expenses) is below $400 for the year, you generally don't owe any self-employment tax for that year. As for whether you need to file at all, that depends on your total income from all sources. For US citizens living abroad, you still need to file a US tax return if your total income exceeds the standard filing thresholds, even if you don't owe any tax due to the Foreign Earned Income Exclusion or foreign tax credits. But if your only US reportable income is below-threshold self-employment income, you might not have a filing requirement. Just be sure to keep good records in case you ever need to prove this.

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FYI, I learned the hard way that even if you're exempt from self-employment tax due to a totalization agreement, you still need to file Form 8966 to claim the exemption. Don't just not file - that's what triggered an audit for me.

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I think you mean Form 8833 for treaty-based positions? I've had to file those for my Canadian self-employment situation. Form 8966 is for FATCA reporting by financial institutions.

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