Respondida el septiembre de 2026

Your green card makes you a U.S. tax resident who reports worldwide income on Form 1040, while your EU company follows the corporation, partnership, or disregarded-entity branch that U.S. classification rules assign.

“I am an EU citizen living in the US on a green card. I own a company and have income in both the EU and the US. How do my US tax obligations work regarding my foreign company and dual-country income?”

Resumen

This does not necessarily mean paying full tax twice: qualifying foreign income taxes can reduce U.S. tax through Form 1116, and a CFC owner may have a section 962 option. The hard part is matching the company to its U.S. classification and filing every separate information return.

Your company follows one of three U.S. tax routes, determined under U.S.—not EU—entity-classification rules.

Foreign corporationif corporation

This applies if U.S. rules classify the company as an association/corporation. Form 5471 generally applies when you control more than 50%, or when you own at least 10% of a ; crossing 10% when you became a U.S. person can also be a reporting event. A CFC may create current subpart F and net CFC tested-income inclusions even without a distribution. As an individual, compare making a yearly . [Sources 3–5]

Foreign partnershipif partnership

This may be the default for an eligible entity with two or more owners when at least one owner lacks limited liability. Form 8865 applies to control above 50% and can also apply to specified contributions or acquisitions/dispositions crossing 10%; section 702 requires partners to account for their distributive shares. [Sources 2, 6–7]

Disregarded entity or branchif one owner

A single-owner eligible entity whose owner lacks limited liability is disregarded by default unless it elects otherwise. Its activities are treated like your sole proprietorship, branch, or division, and a direct U.S. tax owner files Form 8858 with the income-tax return. [Sources 2, 8–9]

An eligible entity can elect a different classification on Form 8832, so retain every prior U.S. classification election. [Source 2]

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Watch out for

EU payment does not mean foreign-source incomePay location and currency do not decide source. Compensation for work you perform while physically in the United States is generally U.S.-source, even when your EU company pays it into an EU account; services performed outside the United States are foreign-source. [Source 13]
The company’s U.S. classification comes firstThe EU entity’s local label does not by itself determine its U.S. treatment. An eligible foreign entity may be a corporation, partnership, or under U.S. rules, and a Form 8832 election may change the default. [Source 2]
Retained company profit may be taxable nowIf your company is a and you are a , sections 951 and 951A can include company income on your U.S. return before the company distributes cash. For foreign-corporation years beginning after December 31, 2025, current section 951A uses “net CFC tested income”; that amended statute controls the 2026 calculation, while the December 2025 Form 5471 instructions still use older GILTI terminology. [Sources 3–4]
Company tax is not automatically your tax creditA personal generally requires tax imposed on and paid or accrued by you. EU corporation tax imposed on the company is therefore not automatically creditable on your Form 1116; for CFC inclusions, a can change the rate and section 960 credit treatment, but it must be modeled with later distributions before electing. [Sources 5, 10–11]
FBAR and Form 8938 are separateFile an if your aggregate foreign accounts exceeded $10,000 at any time and you had a financial interest or signature authority—including qualifying company accounts. Form 8938 has different thresholds and expressly does not replace the FBAR. [Sources 14–16]
Working from the U.S. can tax the company tooYour EU corporation may itself need Form 1120-F if it performs services or conducts a U.S. trade or business here. If it employs you in the United States, Social Security and Medicare withholding generally applies unless the relevant country’s totalization agreement supplies an exemption. [Sources 17–18]
Deadlines are live nowFor 2026 estimated tax, September 15, 2026 is the third installment date if the $1,000 and safe-harbor tests apply. An extended 2025 individual return is due October 15, 2026, and the FBAR receives an automatic extension to October 15; Form 5471 and Form 8938 failures can begin with $10,000 penalties. [Sources 3, 14, 16, 20–21]
Treaties and the foreign-income exclusion are not automaticTreaties generally do not switch off worldwide U.S. taxation for U.S. treaty residents. The foreign earned income exclusion ordinarily does not fit someone whose abode remains in the United States; it requires a foreign tax home plus the applicable residence test or at least 330 full foreign days in a 12-month period. [Sources 12 and 19]

Próximos pasos

These steps identify the correct entity regime, report worldwide income, prevent double taxation, and cover separate account and company filings.

Before calculating income

Classify the company under U.S. rules

Apply 26 CFR 301.7701-2 and 301.7701-3: determine whether the entity is mandatorily corporate or an eligible entity, then apply its owner-count and limited-liability default and any Form 8832 election. This selects the Form 5471, Form 8865, or Form 8858 branch. [Sources 2 and 9]

Requisitos

EU certificate of incorporation and governing statute
Articles showing each owner’s liability
Owner names, percentages, and acquisition dates
Every Form 8832 or prior U.S. classification filing

For each tax year

Build one worldwide personal-income ledger

Report all worldwide personal income on Form 1040 in U.S. dollars. Classify compensation by where you performed the work, not where the payer or bank account is located, and keep company-level taxes separate from taxes legally imposed on you. [Sources 1, 11 and 13]

Requisitos

U.S. and EU wage statements
Dates and countries where each service was performed
Dividends, interest, distributions, and shareholder loans
Foreign and U.S. tax payment records
Company financial statements and foreign tax return

With Form 1040

Attach the entity, asset, and credit forms

Attach Form 5471 for an applicable foreign-corporation category, Form 8865 for an applicable foreign-partnership category, or Form 8858 if you directly own an FDE; attach Form 8938 when domestic thresholds exceed $50,000/$75,000 for single or married-separate filing, or $100,000/$150,000 for a joint return. Claim qualifying personal foreign income taxes on Form 1116, using separate forms for different income categories. For an unfiled 2025 Form 1040, the original April 15, 2026 deadline has passed; October 15, 2026 applies only if a timely extension was obtained, and payment was still due in April. [Sources 3, 6, 8, 10, 14 and 21]

Requisitos

Completed company classification
Ownership and contribution history
Year-end and maximum foreign-asset values
Foreign taxes legally imposed on you

No later than October 15, 2026 for 2025 accounts

File the FBAR separately with FinCEN

If aggregate foreign accounts exceeded $10,000 at any time, file FinCEN Form 114 electronically through the BSA E-Filing System at https://bsaefiling.fincen.gov/. The annual due date is April 15, but the extension to October 15 is automatic and requires no request. [Sources 15–16]

Requisitos

Each foreign account’s institution and address
Account number and type
Maximum 2025 value converted to U.S. dollars
Proof of ownership or signature authority

September 15, 2026

Make the 2026 estimated-tax decision

Use 2026 Form 1040-ES at https://www.irs.gov/pub/irs-pdf/f1040es.pdf. Estimated payments generally apply if you expect to owe at least $1,000 after withholding and refundable credits and your prepayments are below the applicable 90%-of-2026 or 100%-of-2025 safe-harbor amount; the third payment is due September 15, 2026 and the fourth January 15, 2027. [Source 20]

Requisitos

Expected 2026 total federal tax
Expected withholding and refundable credits
Total tax shown on the 2025 return

Before the company’s return deadline

Test the EU company’s own U.S. filing and payroll

If the foreign corporation performs services or otherwise has a U.S. trade or business, file Form 1120-F; the deadline is the 15th day of the fourth month after year-end with a U.S. office and the 15th day of the sixth month without one. Attach Form 8833 when claiming that a treaty exempts effectively connected income, and consider a protective Form 1120-F where U.S.-trade-or-business status is uncertain. For U.S. employment, operate Social Security and Medicare withholding unless the specific totalization agreement and certificate support an exemption. [Sources 17–18]

Requisitos

Where you and other employees physically work
U.S. office, home-office, contract, and customer facts
Company fiscal-year end
Applicable treaty and totalization certificate

Otras personas que pasaron por esto

You are not the first to go through this. Here is how it went for others who asked the same thing.

Fuentes legales

The answer is grounded in the Internal Revenue Code, Treasury regulations, IRS form instructions and guidance, and FinCEN’s FBAR rules.

IRS Alien Taxation—Essential Concepts

A green-card holder who is a resident alien reports worldwide income on Form 1040.

IRS Alien Taxation—Essential Concepts

A resident alien's income is generally subject to tax in the same manner as a U.S. citizen. If you are a resident alien, you must report all interest, dividends, wages, or other compensation for services, income from rental property or royalties, and other types of income on your U.S. tax return. You must report these amounts whether from sources within or outside the United States. Resident aliens file Form 1040 like U.S. citizens.

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26 CFR 301.7701-3

These regulations determine the default U.S. classification of an eligible foreign entity and permit a Form 8832 election.

26 CFR 301.7701-3

(b)(2)(i), (c)(1)(i)

Except as provided in paragraph (b)(3) of this section, unless the entity elects otherwise, a foreign eligible entity is— A partnership if it has two or more members and at least one member does not have limited liability; An association if all members have limited liability; or Disregarded as an entity separate from its owner if it has a single owner that does not have limited liability.

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Instructions for Form 5471 (Rev. 12-2025)

The instructions establish the principal ownership thresholds, filing time, and starting penalty for Form 5471.

Instructions for Form 5471 (Rev. 12-2025)

Categories 4 and 5; When and Where To File; Penalties

For purposes of Category 4, a U.S. person has control of a foreign corporation if, at any time during that person’s tax year, it owns stock possessing: 1. More than 50% of the total combined voting power of all classes of stock of the foreign corporation entitled to vote, or 2. More than 50% of the total value of shares of all classes of stock of the foreign corporation. Owns (directly, indirectly, or constructively, within the meaning of section 958(a) and (b)) 10% or more of the total combined voting power or value of shares of all classes of stock of a CFC. Attach Form 5471 to your income tax return (or, if applicable, partnership or exempt organization return) and file both by the due date (including extensions) for that return. A $10,000 penalty is imposed for each annual accounting period of each foreign corporation for failure to furnish the information required by section 6038(a) within the time prescribed.

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26 USC 951A

Current section 951A requires a U.S. shareholder’s net CFC tested income to be included and confirms the post-2025 effective date.

26 USC 951A

(a); 2025 amendment effective-date note

Each person who is a United States shareholder of any controlled foreign corporation for any taxable year of such United States shareholder shall include in gross income such shareholder's net CFC tested income for such taxable year. Amendment by section 70354(b) of Pub. L. 119–21 applicable to taxable years of foreign corporations beginning after Dec. 31, 2025, see section 70354(c) of Pub. L. 119–21, set out as a note under section 951 of this title.

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26 USC 962

Section 962 permits an individual U.S. shareholder to elect corporate-rate and section 960 treatment for covered inclusions.

26 USC 962

(a)

(1) the tax imposed under this chapter on amounts which are included in his gross income under section 951(a) shall (in lieu of the tax determined under sections 1 and 55) be an amount equal to the tax which would be imposed under section 11 if such amounts were received by a domestic corporation, and (2) for purposes of applying the provisions of section 960 ¹ (relating to foreign tax credit) such amounts shall be treated as if they were received by a domestic corporation.

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2025 Instructions for Form 8865

Form 8865 applies to controlling owners and certain other foreign-partnership events and is attached to the income-tax return.

2025 Instructions for Form 8865

Categories of Filers; When and Where To File

A Category 1 filer is a U.S. person who controlled the foreign partnership at any time during the partnership’s tax year. Control of a partnership is ownership of more than a 50% interest in the partnership. Attach Form 8865 to your income tax return (or, if applicable, partnership or exempt organization return) and file both by the due date (including extensions) for that return.

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26 USC 702

Section 702 requires each partner to account for the partner’s distributive share.

26 USC 702

(a)

In determining his income tax, each partner shall take into account separately his distributive share of the partnership's—

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Instructions for Form 8858 (Rev. 12-2024)

A direct U.S. tax owner of a foreign disregarded entity files Form 8858 with the relevant return.

Instructions for Form 8858 (Rev. 12-2024)

Who Must File; When and Where To File

A U.S. person that is directly a tax owner of an FDE or operates an FB at any time during the U.S. person's tax year or annual accounting period. Form 8858 is due when your income tax return or information return is due, including extensions.

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26 CFR 301.7701-2

A disregarded entity’s activities are treated as activities of its owner for income-tax purposes.

26 CFR 301.7701-2

(a)

A business entity with only one owner is classified as a corporation or is disregarded; if the entity is disregarded, its activities are treated in the same manner as a sole proprietorship, branch, or division of the owner.

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2025 Instructions for Form 1116

Individuals generally use Form 1116 to claim credit for qualifying foreign taxes they paid or accrued.

2025 Instructions for Form 1116

Who Should File

File Form 1116 to claim the foreign tax credit if the election, earlier, doesn’t apply and: You are an individual, estate, or trust; and You paid or accrued certain foreign taxes to a foreign country or U.S. territory.

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IRS Foreign Taxes That Qualify for the Foreign Tax Credit

These tests explain why tax imposed on the company is not automatically the owner’s personal credit.

IRS Foreign Taxes That Qualify for the Foreign Tax Credit

Generally, the following four tests must be met for any foreign tax to qualify for the credit: The tax must be imposed on you You must have paid or accrued the tax The tax must be the legal and actual foreign tax liability The tax must be an income tax (or a tax in lieu of an income tax)

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IRS Tax Treaties

An income-tax treaty does not automatically end worldwide U.S. taxation for a U.S. treaty resident.

IRS Tax Treaties

The effect of tax treaties

Tax treaties generally reduce the U.S. taxes of residents of foreign countries as determined under the applicable treaties. With certain exceptions, they do not reduce the U.S. taxes of U.S. citizens or U.S. treaty residents. U.S. citizens and U.S. treaty residents are subject to U.S. income tax on their worldwide income.

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IRS Source of Income

Compensation is sourced according to where the personal services are performed.

IRS Source of Income

Source of Income Salaries, wages, and other compensation for personal services. Where services are performed.

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Instructions for Form 8938 (Rev. 11-2021)

Form 8938 has domestic-resident thresholds and does not replace the FBAR.

Instructions for Form 8938 (Rev. 11-2021)

Reporting Thresholds; When and How To File

If you are not married, you satisfy the reporting threshold only if the total value of your specified foreign financial assets is more than $50,000 on the last day of the tax year or more than $75,000 at any time during the tax year. If you are married and you and your spouse file a joint income tax return, you satisfy the reporting threshold only if the total value of your specified foreign financial assets is more than $100,000 on the last day of the tax year or more than $150,000 at any time during the tax year. Filing Form 8938 does not relieve you of the requirement to file FinCEN Form 114, Report of Foreign Bank and Financial Accounts (FBAR), if you are otherwise required to file the FBAR.

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FinCEN Form 114 (FBAR)

This is the FBAR trigger for foreign personal and qualifying company accounts.

FinCEN Form 114 (FBAR)

A United States person that has a financial interest in or signature authority over foreign financial accounts must file an FBAR if the aggregate value of the foreign financial accounts exceeds $10,000 at any time during the calendar year.

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FinCEN Form 114 Filing Deadline

The FBAR receives an automatic October 15 extension without a request.

FinCEN Form 114 Filing Deadline

When to File

You're allowed an automatic extension to October 15 if you fail to meet the FBAR annual due date of April 15.

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Form 1120-F Filing Responsibilities

Operating or providing company services in the United States can require a separate foreign-corporation return.

Form 1120-F Filing Responsibilities

Who Must File; Due Date

A foreign corporation must file Form 1120-F if, during the tax year, it: Engaged in a U.S. trade or business (USTB) with effectively connected income (ECI). A foreign corporation that performs services in the United States for any period of time is generally treated as engaged in U.S. trade or business. With a U.S. office or place of business - File by the 15th day of the 4th month after the end of the tax year. Without a U.S. office or place of business - File by the 15th day of the 6th month after the end of the tax year.

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IRS Persons Employed by a Foreign Employer

A foreign employer generally has U.S. payroll-tax obligations for U.S. employment, subject to totalization relief.

IRS Persons Employed by a Foreign Employer

Individuals employed within the United States by a foreign employer are generally subject to Social Security and Medicare tax withholding by the foreign employer. However, individuals employed in the United States by a foreign employer may be exempt from U.S. Social Security and Medicare taxes under the terms of a totalization agreement.

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IRS Foreign Earned Income Exclusion

Living in the United States ordinarily prevents the foreign-tax-home requirement for the foreign earned income exclusion.

IRS Foreign Earned Income Exclusion

Foreign Earned Income Exclusion

To claim these benefits, you must have foreign earned income, your tax home must be in a foreign country, and you must be one of the following: A U.S. resident alien who is a citizen or national of a country with which the United States has an income tax treaty in effect and who is a bona fide resident of a foreign country or countries for an uninterrupted period that includes an entire tax year, or A U.S. citizen or a U.S. resident alien who is physically present in a foreign country or countries for at least 330 full days during any period of 12 consecutive months.

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2026 Form 1040-ES

Form 1040-ES supplies the 2026 estimated-tax test and payment dates.

2026 Form 1040-ES

General Rule; Payment Due Dates

In most cases, you must pay estimated tax for 2026 if both of the following apply. You expect to owe at least $1,000 in tax for 2026, after subtracting your withholding and refundable credits. 3rd payment . . . . . . . . . . . . . . . . . Sept. 15, 2026. 4th payment . . . . . . . . . . . . . . . . . Jan. 15, 2027.

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IRS Individual Filing Extension

The 2025 calendar-year return deadline was April 15, 2026; a timely extension moves filing, not payment, to October 15.

IRS Individual Filing Extension

If you need more time to file your taxes, request an extension by the April tax filing due date. This gives you until October 15 to file without penalties. Make sure you pay any tax you owe by the April filing date. The extension is only for filing your return.

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These are the official federal rules published or current on the cited dates; tax rules and forms can change.

This is general information about official tax processes, not legal advice, and SettleKit is not a law firm.

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