Resources

Resources for legal cross-border tax planning

Start with the official sources — they cost nothing and reflect the current rules more reliably than any secondhand summary.

This is a cross-border topic — where a rule depends on where you live or are tax-resident, the country is named on the page.

Do this

Checklists you can work through

Before you take a jurisdiction idea further

  • Identify which tax system model applies to your citizenship and the destination country
  • Check whether a tax treaty exists between your two specific countries
  • List the specific residency test requirements for the destination, not a general description
  • Identify what reporting obligations your home country still imposes regardless of where you live
  • Write down which category your income falls into (earned, investment, business)
  • List your questions for a licensed cross-border tax professional

Before you open or maintain a foreign account

  • Confirm whether the account triggers a reporting requirement based on its value, not its tax treatment
  • Note the account's highest value at multiple points during the year, not just year-end
  • Keep account-opening documents and ownership records
  • Confirm who has signature authority and whether that also triggers reporting
  • Set a recurring reminder to check current reporting thresholds each year
  • Keep copies of every filed disclosure form indefinitely
Avoid these

Common mistakes worth avoiding

Assuming residency alone ends all US tax obligations

Check whether citizenship-based taxation applies to you specifically — for US citizens, moving abroad generally doesn't end federal filing obligations on its own.

Treating foreign account reporting as optional if no tax is owed

Reporting thresholds are generally based on account value, not taxable income — report regardless of whether tax is owed on the account.

Assuming a rule that applies to one country applies to another

Check the specific tax system model and any specific treaty for your exact two countries — don't generalize from a different country pair.

Treating Act 60 qualification as a formality

The bona fide residency tests are strict and fact-specific — get a professional review of your actual physical presence, tax home, and closer-connection facts.

Keeping thin records for the country you moved from

Maintain organized records in both countries indefinitely — your home country's look-back period doesn't end just because you've relocated.

Acting on a strategy that wasn't put in writing

Ask any professional to document the specific legal basis for a recommendation before you rely on it.

Plain English

Glossary

The words that get used as if everyone already knows them.

Tax avoidance

Legally arranging your affairs to reduce tax owed, based on real, honestly reported facts. Legal and widely practiced.

Tax evasion

Illegally hiding income or misrepresenting facts to a tax authority to reduce tax owed. A crime in nearly every country.

Tax treaty

A bilateral agreement between two specific countries that allocates taxing rights and generally relieves double taxation on the same income.

Territorial tax system

A system that taxes only income earned within that country's borders, regardless of the taxpayer's residency or citizenship.

Worldwide (residence-based) tax system

A system that taxes residents on income earned anywhere, based on where they are a tax resident.

Citizenship-based taxation

A system that taxes citizens on worldwide income based on citizenship alone, regardless of residence. The United States is the primary large-scale example.

Bona fide residence test

A qualitative test for genuine foreign residency, based on the nature, intention, and duration of a person's stay in a foreign country.

Physical presence test

A day-count test for foreign residence, based on a minimum number of days physically present in a foreign country within a defined period.

Act 60

A Puerto Rico tax incentive program offering reduced rates on certain income to bona fide residents who meet specific requirements.

Foreign Earned Income Exclusion (FEIE)

A mechanism that can let qualifying US citizens or residents abroad exclude a portion of foreign-earned income from US tax.

FBAR

A required disclosure of foreign financial accounts for certain US persons, triggered by aggregate account value, separate from income tax filing.

FATCA

The Foreign Account Tax Compliance Act — requires certain US persons to report specified foreign assets, and requires foreign financial institutions to report US account holders.

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