US Tax Filing for Americans with Foreign Companies
US citizens and green card holders who own or have significant interests in foreign corporations face some of the most complex reporting obligations in the US tax code. From Form 5471 for controlled foreign corporations to GILTI (Global Intangible Low-Taxed Income) and Subpart F inclusions, the requirements go well beyond a standard expat return. Getting these right requires specialised expertise.
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What this filing may involve
Every situation is different. The forms below commonly apply — your specific filing may vary.
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- ✓Everything in Premier
- ✓Foreign Earned Income Exclusion (Form 2555)
- ✓Foreign Tax Credit (Form 1116)
- ✓FBAR filing (FinCEN 114) included
- ✓Everything in Expat
- ✓Schedules D & E for investments and rentals
- ✓Foreign asset reporting (Form 8938)
- ✓FBAR filing (FinCEN 114) included
Frequently asked questions about US Tax Filing for Americans with Foreign Companies
What is Form 5471?
Form 5471 is an information return required from US persons with certain ownership or control over foreign corporations. It requires detailed financial information about the foreign company. Penalties for non-filing start at $10,000 per year per form.
What is GILTI?
Global Intangible Low-Taxed Income (GILTI) is a tax on the income of controlled foreign corporations that exceeds a 10% return on the company's depreciable tangible assets. It was introduced in the 2017 Tax Cuts and Jobs Act and affects many US expat business owners.
Do I have to report my foreign company even if it made no profit?
Generally yes, if you meet the ownership thresholds that trigger Form 5471 filing requirements. The form requires financial information about the company regardless of profitability.
Can I claim the Foreign Tax Credit against GILTI?
Partially. There's a 20% haircut on deemed paid foreign tax credits under the GILTI regime, limiting the FTC offset to 80% of foreign taxes. The interaction between GILTI and FTC is complex and benefits significantly from professional modelling.
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