Re: Foreign Health Tax and Social Security Tax

May 28, 2009 2 Replies


> Although I am a long-term foreign resident, this is the first year that


>> the following question might affect the tax.
>>
>> A US citizen residing in a foreign country and employed by a foreign
>> company has to pay income tax, health insurance tax, and social security
>> tax. The latter two are only paid on income up to a certain amount. The
>> medical services you get from the health tax are the same for everybody,
>> even those who were had no income to pay on. Social Security payments
>> are based on years worked, and not on income earned. There is no Social
>> Security totalization agreement with the US.
>>
>> Now for the question. Are these taxes considered as taxes that can be
>> used for the foreign tax credit? Is the health tax considered as a valid
>> expense for calculating the personal deduction in figuring the US tax? >
>It appears to be an income-based tax, so I would say yes. I compare it to
>California's SDI, which is accepted as a state income tax for purposes of a
>deduction under IRC 164.
>

I thought that I had already asked the following, but I never saw it. In light of what is written above about the health tax, it could be used as a foreign tax credit, but NOT as a medical deduction. Did I read this correctly?

The only type of foreign tax that the IRS mentions in Topic 856 is "income" tax (paid), which can be taken as a credit or as a Schedule A deduction. You are speaking of the equivalent of U.S. "payroll" taxes, which is a different matter (IMO).

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I decided to extend my unpaid research by another 30 seconds and saw in Publication 514:

"Foreign Taxes for Which You Cannot Take a Credit"

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Cheers,

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