Remote Work Abroad and Multi-Jurisdiction Tax Nexus

Expat Returning to US · 1 min read

Remote work for a US employer from a foreign location creates tax obligations in multiple jurisdictions, including possible foreign country income tax and state tax complications. This arrangement requires careful coordination of withholding and filings.

This arrangement creates tax obligations in multiple jurisdictions. Your US employer likely continued standard W-2 withholding as if you were domestic, but your physical presence abroad may have triggered income tax obligations in the foreign country as well. Many countries tax individuals who perform work within their borders, regardless of where the employer is located. You may owe taxes to both countries on the same income.

State tax obligations may persist. Most US states do not automatically release you from tax residency when you move abroad. States like California, New York, and Virginia have particularly aggressive rules for continuing to tax former residents. If your employer continued withholding for your prior state, that may be correct -- or you may need to file to claim a refund and establish non-residency.

The FEIE and FTC still apply. If you meet the bona fide residence or physical presence test, you can claim the Foreign Earned Income Exclusion on income earned while physically abroad. Alternatively, the Foreign Tax Credit offsets US tax by the amount of foreign income tax paid. Your employer's W-2 withholding does not prevent you from claiming either benefit.

The pitfall: Remote work from abroad creates nexus questions that neither your employer's HR department nor basic tax software handles well. Incorrect withholding, missed foreign filing obligations, and unresolved state residency are the three most common problems.

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Sources

This guide cites 4 primary sources. All factual claims are traceable to the sources listed below.

  1. IRSIRS: Foreign Earned Income Exclusion — FEIE eligibility for remote workers physically located abroad
  2. IRSIRS: Foreign Tax Credit — FTC for foreign income tax paid on US-employer wages
  3. IRSIRS Publication 54: Tax Guide for U.S. Citizens and Resident Aliens Abroad — Physical presence test, bona fide residence test, income sourcing for remote workers
  4. IRSIRS: Determining an Individual's Tax Home — Tax home determination for remote workers abroad; state residency considerations