Tax Equalization Agreements


Tax deductions resulting from the expat status of the transferee (e.B. U.S. law allows an exclusion of foreign earned income within the meaning of the definition) are not included in tax equalization because they would not be available to the transferee`s domestic counterpart. Just as the transferee does not bear an additional burden of higher tax rates abroad or taxes on allowances granted, the transferee does not reap a stroke of luck if the tax liability is lower rather than higher. For companies considering fiscal equalization, it is important to know the pros and cons of the approach. What does it really mean to apply fiscal equalization and what are the implications for the employee and the organization? With a thorough understanding of the concept and the implementation of appropriate policies, fiscal equalization can be an important tool to promote and support a high-performing mobile workforce. But is fiscal equalization the best policy for all types of allowances? According to previous surveys conducted by GTN, a large majority of companies will use fiscal equalization for long-term assignments (generally defined as orders lasting more than one year and less than five years). Companies also typically apply fiscal equalization for short-term assignments (one year or less) if there are tax complexities at the host site. However, fiscal equalization is not so common for transfers or scenarios without fiscal complexity in several places. Your mobility tax provider should be able to make tax cost projections to help your organization provide home and host income and the additional social security costs of fiscal equalization.

It is important to regularly review these provisions to ensure that the provisions are adjusted for changes in assumptions such as tax laws and employee compensation. Under most tax equalization agreements, the employee who is sent abroad, whether a U.S. citizen or permanent resident, is responsible for the federal, state, Social Security, and Health Insurance taxes that the employee would pay on his or her base salary, bonuses, stock compensation, and personal income from things like interest. dividends, capital gains, rental income, etc. The total amount of tax due would be the hypotax for that employee. Fundamentally, tax equalization is a compensation approach used to neutralize the impact of an overall assignment on an assignee`s personal tax liability. Under the fiscal equalization approach, the transferee would have to pay roughly the same taxes if he had remained in his or her home country. U.S.

citizens working abroad may be subject to both U.S. and foreign social security taxes. The United States has entered into “totalization agreements” with a number of countries that provide for limited coordination of the U.S. social security system with the systems of other countries. The theoretical tax (sometimes called the “final hypothetical tax” or annual tax equalization calculation) is the calculation of the final hypothetical tax at the end of the year, based on the real income and deductions recorded by the company. The theoretical tax is in the same way as the hypothetical tax paid by the real tax of a natural person on his tax return on his withholding tax during the year. Fiscal equalization is offered by most U.S. multinationals to offset the additional taxes faced by their employees working abroad. Under a fiscal equalization policy, the employee is assured that he or she will not pay more or less tax on missions abroad than would have been the case if the employee had remained in the United States. Does your fiscal equalization policy discourage individuals from acquiring real estate abroad? Tax equalization is the process by which an employer attempts to leave the expatriate employee in a neither better nor worse financial situation because he went abroad by deducting from his paycheck the value of the U.S.

taxes the employee would pay if he worked in the United States, and then deducting taxes due in both the United States and the host country. paid directly. if need be. When looking at how fiscal equalization works from an employee perspective, it is important to understand the following basic elements of fiscal equalization: The United States has signed a number of treaties called fiscal equalization agreements with other countries, which provide that if an American is abroad for a limited time, generally from 3 to 5 years (depending on the particular agreement). they will continue to pay U.S. taxes instead of their host country`s Social Security taxes. If a company uses parallel or parallel invoicing, it pays the tax due in the host country, while the mobile worker from their home country is on the company`s payroll for the actual execution of the salary. Because of their complexity, most tax equalization policies are created by a company`s mobility tax service provider. A policy should include the following provisions: Most countries levy income taxes on people who work within their borders or receive income from their borders. To minimize double taxation, the United States currently has tax treaties with 58 countries. Most U.S. tax treaties include a provision that exempts a U.S.

citizen`s income from tax as long as they spend less than 183 days abroad and compensation is not paid or borne by an employer abroad. For those who spend more than 183 days or when compensation is paid or borne by an employer abroad, the U.S. tax system provides for an exclusion of income earned abroad, a foreign tax credit, and, as mentioned above, most U.S. multinationals offer tax relief. Given the objective of maintaining the fiscal neutrality of workers, why should fiscal equalization not be preferred for all types of allowances? The reason for this is that the implementation of fiscal equalization typically results in additional salary and tax compliance costs. Employers should consult a mobility tax expert to determine whether social tax obligations at the place of residence and/or host may be due for both the employee and the company. In addition, an expert in mobility taxation can also help reduce double social taxes by relying on aggregation agreements between the home and host countries, if necessary. With regard to the last point, a fiscal equalization policy generally applies to mobile workers when they work in a host country and applies until the end of the tax year in which the employee returns to his or her country of origin. .