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Department of the Treasury Internal Revenue Service Publication 593 (Rev. January 2011) Cat. No. 46595Q Tax Highlights for U.S. Citizens and Residents Going Abroad Get forms and other information faster and easier by: Internet IRS.gov Jan 18, 2011

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Page 1: Tax Highlights for U.S. Citizens and Residents Going Abroad · Going Abroad Get forms and other information faster and easier by: Internet IRS.gov Jan 18, 2011. Page 2 of 13 of Publication

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Department of the TreasuryInternal Revenue Service

Publication 593(Rev. January 2011)

Cat. No. 46595Q

Tax Highlightsfor U.S. Citizensand ResidentsGoing Abroad

Get forms and other informationfaster and easier by:Internet IRS.gov

Jan 18, 2011

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IntroductionThis publication discusses in general terms some provi-sions of U.S. federal income tax law that apply to U.S.citizens and resident aliens who live or work abroad andwho expect to receive income from foreign sources.

As a U.S. citizen or resident alien, your worldwideincome generally is subject to U.S. income tax regard-less of where you are living. You are subject to the sameincome tax return filing requirements that apply to U.S.citizens or resident aliens living in the United States.

However, several income tax benefits might apply ifyou meet certain requirements while living abroad. Youmay be able to exclude from your income a limitedamount of your foreign earned income. You also may beable either to exclude or to deduct from gross incomeyour housing amount (defined later). To claim thesebenefits, you must file a tax return and attach Form 2555,Foreign Earned Income. If you are claiming the foreignearned income exclusion only, you may be able to usethe shorter Form 2555-EZ, Foreign Earned Income Ex-clusion, rather than Form 2555.

You may be able to claim a tax credit or an itemizeddeduction on your U.S. return for the foreign incometaxes that you pay. Also, under tax treaties or conven-tions that the United States has with many foreign coun-tries, you may be able to reduce your foreign tax liability.

Publications 54, Tax Guide for U.S. Citizens andResident Aliens Abroad; 514, Foreign Tax Credit forIndividuals; and 901, U.S. Tax Treaties, discuss in detailthe treatment of your foreign income, the foreign taxcredit, and the general tax treaty benefits available toyou.

See How To Get Tax Help at the end of this publica-tion for information about getting publications and forms.

Filing InformationThe U.S. filing requirements for U.S. citizens and resi-dent aliens in foreign countries are generally the same asthose for citizens and residents living in the UnitedStates.

Who must file. Your age, filing status, gross income,and whether you can be claimed as a dependent byanother taxpayer determine whether you must file a U.S.federal income tax return. To determine if you meet thegross income requirement for filing purposes, you mustinclude all income you receive from foreign sources aswell as your U.S. income. This is true even if:

• The income is paid in foreign currency,

• The foreign country imposes an income tax on thatincome, or

• The income is excludable under the foreign earnedincome exclusion, discussed later.

Self-employed persons. You must file a U.S. in-come tax return if you had $400 or more of net earnings

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from self-employment, regardless of your age. Net earn-ings from self-employment include income earned bothin a foreign country and in the United States.

Generally, you must pay self-employment tax on yourself-employment income even if it is earned in a foreigncountry and is excludable as foreign earned income infiguring your income tax.

Foreign bank and financial accounts. If you hadany financial interest in, or signature or other authorityover, a bank account, securities account, or other finan-cial account in a foreign country at any time during the taxyear, you may have to complete Treasury DepartmentForm TD F 90-22.1, Report of Foreign Bank and Finan-cial Accounts, and file it with the Department of theTreasury at the address listed on the form. You need notfile this form if the combined assets in the account(s) are$10,000 or less during the entire year, or if the assets arewith a U.S. military banking facility operated by a U.S.financial institution.

You can get Form TD F 90-22.1 from the offices listedat the end of this publication or at IRS.gov.

Estate and gift taxes. Under certain conditions, youmay have to file a federal estate or gift tax return. Formore information, see Publication 950, Introduction toEstate and Gift Taxes.

When to file. If your tax year is the calendar year, thedue date for filing your income tax return is usually April15 of the following year.

Extensions of time to file. You are automaticallygranted an extension to June 15 to file your return andpay any tax due if you are a U.S. citizen or resident alienand on the regular due date of your return:

• You are living outside the United States and PuertoRico and your main place of business or post ofduty is outside the United States and Puerto Rico,or

• You are in military or naval service on duty outsidethe United States and Puerto Rico.

You must pay interest on any unpaid tax from the regulardue date to the date you pay the tax.

You do not have to file a special form to receive thisextension. However, you must attach a statement to yourtax return explaining what situation qualified you for theextension.

It may benefit you to file for an additional extension oftime to file. You may benefit if, on the due date for filing,you have not yet met either the bona fide residence testor the physical presence test, but you expect to qualifyafter the automatic extension discussed above. To obtainan additional extension, file Form 2350, Application forExtension of Time To File U.S. Income Tax Return, withthe:

Department of the TreasuryInternal Revenue ServiceAustin, TX 73301-0045

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Or, you can file Form 2350 with your local IRSrepresentative or other IRS employee. You must fileForm 2350 after the close of your tax year but beforethe end of the first extension. If an additional extensionis granted, it will be to a date after you expect to meetthe time requirements for the bona fide residence or thephysical presence test.

Where to file. If any of the situations listed below applyto you, you should file your return with the:

Department of the TreasuryInternal Revenue ServiceAustin, TX 73301-0215

• You claim the foreign earned income exclusion.

• You claim the foreign housing exclusion ordeduction.

• You live in a foreign country or are a resident, fortax purposes, of a foreign country.

If none of the above situations apply to you, see theinstructions for your income tax return.

Income Earned AbroadYou may qualify for an exclusion from tax of a limitedamount of income earned while working abroad. How-ever, you must file a tax return to claim it. In general,foreign earned income is income received for servicesyou perform in a foreign country. You also may be able toclaim an exclusion or a deduction from gross income fora limited amount of your housing costs if your costs aremore than a base amount. Generally, you will qualify forthese benefits if your tax home (defined later) is in aforeign country or countries throughout your period ofbona fide foreign residence or physical presence and youare one of the following.

• A U.S. citizen who is a bona fide resident of aforeign country or countries for an uninterruptedperiod that includes an entire tax year,

• A U.S. resident alien who is a citizen or national ofa country with which the United States has anincome tax treaty in effect and who is a bona fideresident of a foreign country or countries for anuninterrupted period that includes an entire taxyear, or

• A U.S. citizen or a U.S. resident alien who is physi-cally present in a foreign country or countries for atleast 330 full days during any period of 12 consec-utive months.

Tax home. Your tax home is the general area of yourmain place of business, employment, or post of dutywhere you are permanently or indefinitely engaged towork. You are not considered to have a tax home in aforeign country for any period during which your abode isin the United States. However, being temporarily presentin the United States, or maintaining a dwelling there,

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does not necessarily mean that your abode is in theUnited States. For details, see Publication 54.

Foreign country. A foreign country, for this purpose,means any territory under the sovereignty of a govern-ment other than that of the United States. It includes thecountry’s territorial waters (determined under U.S. laws)and air space, but not international waters and the air-space above them. A foreign country also includes theseabed and subsoil of those submarine areas that areadjacent to the territorial waters of the foreign countryand over which it has exclusive rights under internationallaw to explore and exploit natural resources. For thispurpose, U.S. possessions or territories and the Antarcticregion are not foreign countries.

Waiver of time requirements. You may not have tomeet the minimum time requirements for bona fide resi-dence or physical presence if you have to leave theforeign country because war, civil unrest, or similar ad-verse conditions in the country prevented you from con-ducting normal business. However, you must be able toshow that you reasonably could have expected to meetthe minimum time requirements if the adverse conditionshad not occurred.

A list of countries qualifying for the waiver is publishedin the Internal Revenue Bulletin (IRB). You can read theIRB at IRS.gov. Or, you can get a copy of the list bywriting to:

Internal Revenue ServiceInternational SectionPhiladelphia, PA 19255-0725

Travel restrictions. If you violate U.S. travel restric-tions, you will not be treated as a bona fide resident of, orphysically present in, a foreign country for any day duringwhich you are present in a country in violation of therestrictions. (These restrictions generally prohibit U.S.citizens and residents from engaging in transactions re-lated to travel to, from, or within certain countries.) Also,income that you earn from sources within such a countryfor services performed during a period of travel restric-tions does not qualify as foreign earned income. Yourhousing expenses within that country (or outside thatcountry for housing your spouse or dependents) whileyou are in violation of travel restrictions cannot be in-cluded in figuring your foreign housing amount.

These travel restrictions currently apply only to Cuba.However, if you performed services at the U.S. NavalBase at Guantanamo Bay, these travel restrictions do notapply.

Exclusion of Foreign Earned IncomeIf your tax home is in a foreign country and you meeteither the bona fide residence test or the physical pres-ence test, you can choose to exclude from gross incomea limited amount of your foreign earned income. Yourincome must be for services performed in a foreign

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country during your period of foreign residence or pres-ence, whichever applies. However, you cannot excludethe pay you receive as an employee of the U.S. Govern-ment or its agencies.

Credits and deductions. If you claim the exclusion,you cannot claim any credits or deductions that arerelated to the excluded income. Thus, you cannot claim aforeign tax credit or deduction for any foreign income taxpaid on the excluded income. Nor can you claim theearned income credit if you claim the exclusion. Also, forIRA purposes, the excluded income is not consideredcompensation and, for figuring deductible contributionswhen you are covered by an employer retirement plan,the excluded income is included in your modified ad-justed gross income.

Amount excludable. If your tax home is in a foreigncountry and you qualify under either the bona fide resi-dence test or the physical presence test for all of 2010,you can exclude up to $91,500 of your foreign earnedincome. The maximum amount you can exclude is ad-justed annually for inflation.

If you qualify under either test for only part of the year,you must reduce ratably the maximum amount based onthe number of days within the tax year you qualifiedunder one of the two tests.

Housing AmountIf your tax home is in a foreign country and you meeteither the bona fide residence test or the physical pres-ence test, you may be able to claim an exclusion or adeduction from gross income for a housing amount.

Your housing amount is the excess, if any, of yourallowable housing expenses for the year over a baseamount. The amount of allowable housing expenses islimited.

Allowable housing expenses are the reasonable ex-penses (such as rent, utilities other than telephonecharges, and real and personal property insurance) paidor incurred during the year by you, or on your behalf, foryour foreign housing and that of your spouse and depen-dents if they lived with you. You can include the rentalvalue of housing provided by your employer in return foryour services. Also, you can include the allowable hous-ing expenses of a second foreign household for yourspouse and dependents if they did not live with youbecause of dangerous, unhealthy, or otherwise adverseliving conditions at your tax home. Allowable housingexpenses do not include the cost of home purchase orother capital items, wages of domestic servants, or de-ductible interest and taxes.

Your allowable housing expenses are limited to apercentage of the maximum foreign earned income ex-clusion amount (discussed earlier under Amount exclud-able), figured on a daily basis, times the number of daysduring the year that you meet the bona fide residencetest or the physical presence test. The percentage mayvary depending on the foreign country where your taxhome is located. For more information, see the Instruc-tions for Form 2555.

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The base amount is 16% of the maximum foreignearned income exclusion amount, figured on a dailybasis, times the number of days during the year that youmeet the bona fide residence test or the physical pres-ence test. For 2010, this amount is $40.11 per day($14,640 per year).

You figure the limit on housing expenses and thebase amount on Form 2555.

Exclusion. You can exclude (up to the limits) yourentire housing amount from income if it is paid for withemployer-provided amounts. Employer-providedamounts are any amounts paid to or for you by youremployer, including your salary, housing reimburse-ments, and the fair market value of pay given in the formof goods and services. If you have no self-employmentincome, your entire housing amount is considered paidfor with employer-provided amounts.

If you claim the exclusion, you cannot claim anycredits or deductions related to excluded income, includ-ing a credit or deduction for any foreign income tax paidon the excluded income.

Deduction. If you are self-employed and your housingamount is not provided by an employer, you can deduct itin arriving at your adjusted gross income. However, thededuction cannot be more than your foreign earned in-come for the year minus the total of your excluded foreignearned income plus your housing exclusion.

Carryover. If you cannot deduct all of your housingamount in a tax year because of the limit, you can carryover the unused part to the following year only. If youcannot deduct it in the following year, you cannot carry itover to any other year. You deduct the carryover infiguring adjusted gross income. The amount of carryoveryou can deduct is limited to your foreign earned incomefor the year of the carryover minus the total of yourforeign earned income exclusion, housing exclusion, andhousing deduction for that year.

Choosing the Exclusion(s)You make separate choices to exclude foreign earnedincome and/or to exclude or deduct your foreign housingamount. You choose the housing exclusion or deductionby completing the appropriate parts of Form 2555. Youcannot use Form 2555-EZ if you are claiming the housingexclusion or deduction.

If you choose to take both the foreign housing exclu-sion and the foreign earned income exclusion, you mustfigure your foreign housing exclusion first. Your foreignearned income exclusion is then limited to the smaller of(a) your annual exclusion limit or (b) the excess of yourforeign earned income over your foreign housing exclu-sion.

Once you choose to exclude your foreign earnedincome or housing amount, that choice remains in effectfor that year and all future years unless you revoke it. Youcan revoke your choice for any year. However, if yourevoke your choice for a year, you cannot claim the

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exclusion again for your next 5 years without the ap-proval of the IRS. For more information on revoking theexclusion, see chapter 4 of Publication 54.

Married couples. If both you and your spouse areeligible for the exclusion(s), see chapter 4 of Publication54.

Tax on Income Not ExcludedIf you claim the foreign earned income exclusion, thehousing exclusion, or both, you must figure the tax onyour nonexcluded income using the tax rates that wouldhave applied had you not claimed the exclusions. Seethe instructions for Form 1040, U.S. Individual IncomeTax Return, and complete the Foreign Earned IncomeTax Worksheet. When figuring your alternative minimumtax on Form 6251, Alternative Minimum Tax — Individu-als, use the Foreign Earned Income Tax Worksheet inthe instructions for Form 6251.

Exclusion of Employer-Provided Mealsand LodgingIf as a condition of employment you are required to live ina camp in a foreign country that is provided by or for youremployer, you can exclude the value of any meals andlodging furnished to you, your spouse, and your depen-dents. For this exclusion, a camp is lodging that is:

• Provided for your employer’s convenience becausethe place where you work is in a remote areawhere satisfactory housing is not available to youon the open market within a reasonable commutingdistance,

• Located as close as practicable in the area whereyou work, and

• Provided in a common area or enclave that is notavailable to the public for lodging or accommoda-tions and that normally houses at least 10 employ-ees.

Tax Withholdingand Estimated TaxGenerally, you must pay U.S. tax on income earnedabroad in the same way you pay tax on income earned inthe United States. If you are an employee of a U.S.company, your employer probably withholds income taxfrom your pay. If income tax is not withheld or if notenough tax is withheld, you might have to pay estimatedtax.

Withholding tax. You may be able to have your em-ployer discontinue withholding income tax from all or apart of your wages. You can do this if you expect toqualify for the income exclusions under either the bonafide residence test or the physical presence test. SeePublication 54 for information.

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Withholding from pension payments. U.S. payersof benefits from employer deferred compensation plans(such as employer pension, annuity, or profit-sharingplans), individual retirement plans, and commercial an-nuities generally must withhold income tax from the pay-ments or distributions. To claim exemption fromwithholding, you must provide the payer of the benefitswith a residence address in the United States or a U.S.possession unless you certify to the payer that you arenot a U.S. citizen or resident alien or someone who leftthe United States to avoid tax.

For rules that apply to nonperiodic distributions fromqualified employer plans and tax-sheltered annuityplans, get Publication 575, Pension and Annuity Income.

Estimated tax. Because foreign employers generallydo not withhold U.S. tax from your wages, you may haveto pay estimated tax if you are working abroad for aforeign employer. Your estimated tax is generally thetotal of your estimated income tax and self-employmenttax for the year minus your expected withholding for theyear.

When you estimate your gross income, do not includethe income that you expect to exclude. You can subtractfrom income your estimated housing deduction in figur-ing your estimated tax liability. However, if the actualexclusion or deduction is less than you expected, youmay be subject to a penalty on the underpayment.

If you qualify for the foreign earned income orhousing exclusions, see Publication 505, TaxWithholding and Estimated Tax, to estimateCAUTION

!your tax liability.

Use Form 1040-ES, Estimated Tax for Individuals, toestimate your tax. The requirements for filing and payingestimated tax are generally the same as those you wouldfollow if you were in the United States.

Foreign Income TaxesIn some cases, you can claim a credit or take a deductionfor foreign income tax you pay. It is usually to youradvantage to claim a credit for foreign taxes rather thanto deduct them. A credit reduces your U.S. tax liability,and any excess can be carried back and carried forwardto other years. A deduction only reduces your taxableincome and can be taken only in the current year. Yougenerally cannot deduct some foreign income taxes andtake a credit for others.

Tax credit. If you choose to claim a credit for foreigntaxes, you generally must complete Form 1116, ForeignTax Credit (Individual, Estate, or Trust), and attach it toyour U.S. income tax return. Do not include the foreigntaxes paid or accrued as withheld income taxes on Form1040.

Limit. Your credit cannot be more than the part ofyour U.S. income tax liability based on your taxableincome from sources outside the United States. So, ifyou have no U.S. income tax liability, or if all your foreign

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income is excludable, you will not be able to claim aforeign tax credit.

If the foreign taxes you paid or incurred during theyear are more than the limit on your credit for the currentyear, you can carry back the unused foreign taxes ascredits to the previous year and then carry forward anyremaining unused foreign taxes to the next 10 years.

You will not be subject to this limit and may beable to claim the credit without using Form 1116if the following requirements are met.

TIP

• You are an individual.

• Your only foreign source income for the year ispassive category income (which includes most divi-dends, interest, and royalties) that is reported toyou on a payee statement (such as a Form1099-DIV, Dividends and Distributions, or1099-INT, Interest Income).

• Your creditable foreign taxes for the year are notmore than $300 ($600 if filing a joint return) andare reported on a payee statement.

• You elect this procedure for the year.

If you make this election, you cannot carry backor carry over any unused foreign tax to or fromthis year.CAUTION

!

Foreign taxes paid on excluded income. You can-not claim a credit for foreign taxes paid on amountsexcluded from gross income under the foreign earnedincome exclusion or the housing amount exclusion, dis-cussed earlier.

Deduction. If you choose to deduct all foreign incometaxes on your U.S. income tax return, itemize the deduc-tion on Schedule A (Form 1040), Itemized Deductions.You cannot deduct foreign taxes paid on income youexclude from your U.S. income tax return.

More information. The foreign tax credit and deduc-tion, their limits, and the carryback and carryover provi-sions are discussed in detail in Publication 514.

Tax Treaty BenefitsU.S. tax treaties or conventions with many foreign coun-tries entitle U.S. residents to certain credits, deductions,exemptions, and reduced foreign tax rates. In this way,you may be able to pay less tax to those countries.

For example, most tax treaties allow U.S. residents toexempt part or all of their income for personal servicesfrom the treaty country’s income tax if they are in thetreaty country for a limited number of days.

Treaties also generally provide U.S. students, teach-ers, and trainees with special exemptions from the for-eign treaty country’s income tax. Publication 901

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contains detailed information on tax treaties and tells youwhere you can get copies of them.

How To Get Tax HelpYou can get help with unresolved tax issues, order freepublications and forms, ask tax questions, and get infor-mation from the IRS in several ways. By selecting themethod that is best for you, you will have quick and easyaccess to tax help. See chapter 7 of Publication 54 formore details on tax help that is available.

Contacting your Taxpayer Advocate. The TaxpayerAdvocate Service (TAS) is an independent organizationwithin the IRS. We help taxpayers who are experiencingeconomic harm, such as not being able to provide neces-sities like housing, transportation, or food; taxpayers whoare seeking help in resolving tax problems with the IRS;and those who believe that an IRS system or procedureis not working as it should.

If you are in the United States, you can call a localtaxpayer advocate, whose number is in your phone book,in Publication 1546, Taxpayer Advocate Service—YourVoice at the IRS, and on our website at www.irs.gov/advocate, or call our toll-free line at 1-877-777-4778 orTTY/TDD 1-800-829-4059. We have at least one localtaxpayer advocate in every state, the District of Colum-bia, and Puerto Rico.

If you are outside the United States, you can call theTaxpayer Advocate at 1-787-622-8940 in English or1-787-622-8930 in Spanish. You can contact the Tax-payer Advocate at:

Internal Revenue ServiceTaxpayer AdvocateP.O. Box 193479San Juan, PR 00919-3479

Free tax services. Publication 910, IRS Guide to FreeTax Services, is your guide to IRS services and re-sources. Learn about free tax information from the IRS,including publications, services, and education and as-sistance programs. The publication also has an index ofover 100 TeleTax topics (recorded tax information) youcan listen to on the telephone. The majority of the infor-mation and services listed in this publication are avail-able to you free of charge. If there is a fee associated witha resource or service, it is listed in the publication.

Accessible versions of IRS published products areavailable on request in a variety of alternative formats forpeople with disabilities.

Internet. You can access IRS.gov 24 hours aday, 7 days a week to:

• E-file your return.

• Check the status of your 2010 refund. Go toIRS.gov and click on Where’s My Refund.

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• Download forms, including talking tax forms, in-structions, and publications.

• Order IRS products online.

• Research your tax questions online.

• Search publications online by topic or keyword.

Phone. Many services are available by phone.

• Ordering forms, instructions, and publications. Call1-800-TAX-FORM (1-800-829-3676) to order cur-rent-year forms, instructions, and publications, andprior-year forms and instructions.

• Asking tax questions. Call the IRS with your taxquestions at 1-800-829-1040.

• TTY/TDD equipment. If you have access to TTY/TDD equipment, call 1-800-829-4059 to ask taxquestions or to order forms and publications.

• TeleTax topics. Call 1-800-829-4477 to listen topre-recorded messages covering various tax top-ics.

If you are outside the United States, taxpayer assis-tance is available at the following U.S Embassies orconsulate.

Beijing, China (86) (10) 8531-3870Frankfurt, Germany (49) (69) 7535-3834London, England (44) (20) 7894-0476Paris, France (33) (1) 4312-2555

Please contact the office for times when assistancewill be available. If you cannot get to one of these offices,taxpayer assistance is available at 1-267-941-1000 (nota toll free call).

If you are in a U.S. territory (American Samoa,Guam, Northern Mariana Islands, Puerto Rico, and U.S.Virgin Islands) and have a tax question, you can call1-800-829-1040.

Walk-in. Many products and services are avail-able on a walk-in basis.

If you are outside the United States during the filingperiod (January to mid-June), you can get the necessaryfederal tax forms and publications from most U.S. Em-bassies and consulates.

Also, during filing season, the IRS conducts an over-seas taxpayer assistance program. To find out if IRSpersonnel will be in your area, contact the consular officeat the nearest U.S. Embassy.

Mail. You can send your order for forms, in-structions, and publications to the address be-low. You should receive a response within 10

days after your request is received.

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Internal Revenue Service1201 N. Mitsubishi MotorwayBloomington, IL 61705-6613

If you are outside the United States, you can get taxassistance by writing to the address below.

Internal Revenue ServiceInternational SectionPhiladelphia, PA 19255-0725

DVD for tax products. You can order Publica-tion 1796, IRS Tax Products DVD, and obtain:

• Current-year forms, instructions, and publications.

• Prior-year forms, instructions, and publications.

• Tax Map: an electronic research tool and findingaid.

• Tax law frequently asked questions.

• Tax Topics from the IRS telephone response sys-tem.

• Internal Revenue Code—Title 26 of the U.S.Code.

• Fill-in, print, and save features for most tax forms.

• Internal Revenue Bulletins.

• Toll-free and email technical support.

• Two releases during the year.– The first release will ship the beginning of Janu-ary 2011.– The final release will ship the beginning ofMarch 2011.

Purchase the DVD from National Technical Informa-tion Service (NTIS) at www.irs.gov/cdorders for $30 (nohandling fee) or call 1-877-233-6767 toll free to buy theDVD for $30 (plus a $6 handling fee).

Publication 593 (January 2011) Page 13