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Social Security Tax & Working in a Foreign Country

Social Security Tax for Expatriates

Living and working in a foreign country allows you to avoid paying Social Security and Medicare taxes on the foreign income you earn from providing services, such as working for a foreign company. This includes the same type of income that the IRS allows you to claim the foreign earned income exclusion for. However, exceptions to this rule exist if the country you work in enters into a bilateral social security agreement with the U.S. or you are working abroad for an American employer.

The IRS treats the U.S. government and all of its agencies, a sole proprietor who resides in the U.S., a partnership in which 2/3 or more of the partners reside in the U.S., a trust in which all trustees reside in the U.S. and any corporation that is organized in the U.S as an American employer. If you work for any of these organizations, you will have to pay Social Security and Medicare taxes on your foreign wages. However, it’s important not to confuse a U.S. corporation with a foreign subsidiary of a U.S. corporation. Foreign subsidiaries are corporations of the countries in which they operate, regardless of whether a U.S. corporation owns 100 percent of the foreign subsidiary’s stock.

What is a Bilateral Social Security Agreement

The purpose of a bilateral social security agreement is to insure that expatriates only pay social security tax to a single country. These agreements allow you to pay into the social security system of the country you reside in, which eliminates your liability to also pay into the U.S. system. However, as an American working abroad you have an obligation to obtain a certificate of coverage from the appropriate foreign authority that verifies your eligibility to contribute into a foreign social security system. Retaining this document is important in the event the IRS ever questions your lack of Social Security and Medicare tax payments.

As of this writing, the following countries have entered into a bilateral social security agreement with the United States: Australia, Austria, Belgium, Canada, Chile, Czech Republic, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Japan, South Korea, Luxembourg, Netherlands, Norway, Portugal, Poland, Spain, Sweden, Switzerland and the United Kingdom.

Reference: U.S. International Social Security Agreements