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US Taxes in the Netherlands: Avoid Double Tax & IRS Audits

Categories: Latest News,Tax

You’ve pedaled through stormy weather, paid by Tikki, and taken a deep breath at your neighbors’ directness. Here you are then, living the expat dream in the Netherlands. That is, until that letter arrives. This letter envelope is charcoal grey and black and looks as if it were typed on a pre-WWII typewriter. It’s from the Internal Revenue Service. In an instant, all hopes of a relaxing evening are gone. Far worse is to receive correspondence that includes the numbers 566, 525, 2205, or 3572. That, in true Taxian style, signifies a red alarm that the IRS intends to conduct an audit.

The United States is one of only two countries in the world (the other being Eritrea) that practice citizenship-based taxation. Most use residency-based taxation, meaning if you move away, you generally stop paying taxes there. As a US citizen living abroad, you’re legally required to file an annual tax return reporting your worldwide income. Ultimately, the privilege of being born in the Land of the Free means you are truly never free of it (fiscally speaking). To help you stay tax compliant, we’ve made this guide for you.

tax advisors for american expats in the netherlands archives

Are You An Accidental American?

If the following scenarios apply to you, you may be an ‘Accidental American,’ meaning you’re an American citizen without realizing it.

  1. You were born in the US and left the US with your family as a baby.

  2. You were born abroad, and a parent of yours who was a US citizen was domiciled in the US for a certain number of years.

  3. You inherited a US passport.

Even if you have never worked a day there, never opened a USD bank account, and have built your life elsewhere, you are still likely subject to a filing requirement. Ignoring this obligation does not make it go away. It just makes it significantly worse when the IRS does catch up.

How Can I Avoid Double Taxation Using FEIE And FTC?

Certainly, one of the most common fears of Americans moving to the Netherlands is the prospect of being taxed on the same income twice. Tax treaties between the US and the Netherlands help prevent this. The only caveat is that you must report your income, or the IRS will not apply the benefit of these treaties to you.

  1. How to File U.S. Taxes While living Abroad Expat Republic Featured Image Fair Use

    The Foreign Earned Income Exclusion (FEIE)

    Excluding a significant part of your foreign-earned income from US taxes while living abroad is what the Foreign Earned Income Exclusion is all about. The 2026 exclusion limit is $132,900 per person. Should you make less than this amount from your Dutch employer, you would most likely not owe any income tax at all on your wage/salary in the US. You have to meet one of the physical presence tests (i.e., staying outside the US for 330 days within any 12-month period) or be a bona fide resident in a foreign land to get these benefits.

  2. Foreign Tax Credits (FTC)

    Due to the generally high Box 1 tax rates in the Netherlands, most expats prefer to use the FTC rather than the exclusion just mentioned. This allows the taxes paid to Dutch tax authorities to be subtracted from the US tax bill. Since you pay much more in Dutch taxes, this normally offsets any U.S. tax. Any unused credit can then be saved for subsequent years.

A stack of dollar bills and an American flag

The 10 Commandments of US Taxes Living Abroad – Compliance and Avoiding audits

To avoid interest from the IRS while residing in the Netherlands, here are the things to pay attention to to keep your financial stress at bay.

  1. Report Total Income

    The most common mistake is that the US does not need to know about the Dutch tax you have paid. But they do, and on top of your Dutch salary, any freelance earnings, interest through ING savings accounts, and dividends from overseas investments. Thus, you have to report everything, no excuses.

  2. Remember The FBAR

    If the total balance of all your non-US bank accounts combined exceeds $10,000 at any point in the calendar year, you need to file a Foreign Bank Account Report (FBAR). Suppose your balance sits at €2,000, but you transfer €15,000 from a family member and spend it all the following day. Bam! You just hit the $10,000! The Financial Crimes Enforcement Network (FinCEN) has harsh penalties for noncompliance.

  3. No Estimates

    The IRS is inclined to think that strictly round numbers look like guesswork. It hates guessing. So, keep a rigorous expense tracker for exact figures and always use the official IRS yearly average exchange rates to convert funds in Euros to dollars. At the same time, weirdly large deductions (business travel, equipment, charity donations) may attract a closer inspection, too.

  4. DAFT Visa and This Road to Freelancing

    If you came on a Dutch-American Friendship Treaty (DAFT) visa, you’re likely self-employed (ZZP’er) or have a BV. You will be liable for the US self-employment tax on your income in the Netherlands unless you obtain a Certificate of Coverage by proving to the IRS that you are paying into the Dutch system. Don’t end up paying social taxes in both countries.

  5. Business Account For Business Expenses

    Do not allow your personal and business expenditures to intermingle. Those drinks on the company card could adversely affect you. Always maintain a separate account for your business transactions. Ensure all supporting documents are properly accounted for.

  6. Navigate the 30% Ruling

    The 30% ruling is a wonderful benefit that protects 30% of your wages from income tax. However, the government does not place as much joy in it as you, and the IRS taxes your entire wage. And if anything, because your tax burden has been ‘lowered,’ you may find yourself owing more US taxes living abroad.

  7. Consider Snail Mail

    The IRS still likes paper. Their formal replies are sent by post. This means you should account for shipping times when planning to meet deadlines (even if you owe nothing). Waiting until the eleventh hour and using regular post to get an important letter across the Atlantic in two business days is not a good bet.

  8. Consistency Rules

    If your FBAR says you’ve got $50,000 in savings, yet your tax return tells the IRS you earned no money in interest at all for that year, the discrepancy will be red-flagged in their computer systems. The information in all filings must be consistent.

  9. Beware of the Dutch BV

    For many entrepreneurs, owning a private BV (private limited company) is a great structural move, but they will encounter US reporting requirements, specifically Form 5471. The IRS wants to know exactly what is happening in this corporation. If you have a BV, filing your US taxes yourself while living abroad using cheap software is strongly discouraged.

  10. The Amnesty Program

    If you’ve realized that you’ve not filed U.S. taxes for years, relax. The Streamlined Filing Compliance Procedure, provided by the IRS, is a specific amnesty program for expats who were unaware of this obligation. Catch up on the last few years of your tax returns and FBARs, and confirm this was non-purposeful. This should help avoid penalties.

There are good reasons not to ignore your US tax obligations while in the Netherlands. The penalties for not filing your tax return are 5% of the tax due for each month or part-month that the return is late – up to a maximum of 25% of the total you owe.

Crowd holding american flags representing the dutch-american friendship day

Renouncing Citizenship: Breaking Up is Hard To Do?

Some expats, under pressure from annual filings, investment restrictions, and the cost of compliance, are so frustrated that they would rather renounce their US citizenship. But you can’t really just throw your passport into the canal.

Individuals who want to renounce must:

  • Prove they have been tax-compliant in the five most recent years.

  • Pay the renunciation fee to the embassy (over $2,000 nowadays).

  • If you have a high net worth or high average tax liability, then you have to pay an “exit tax.”

Sadly for them, the IRS would like to pursue piles of financial records to make sure you aren’t just making a run for it with a tax bill.

Dutch Tax Code 2021 deduction checklist

Benefits of Hiring a Professional

Understanding U.S. tax laws is already a tough job, especially since it is ever-evolving with new rulings from the administration or the courts. Add Dutch tax law (a language in its own right) to the mix, and it becomes an area full of puzzles that are better left to experts.

However, the field is inherently technical. Many people get overwhelmed. In this respect, working with a dedicated tax firm such as Taxbrella would put an IRS Enrolled Agent on your side—someone who is versed in both American and Dutch taxation. This person can manage FBARs, Foreign Earned Income Exclusion, navigate the DAFT/IND, secure your foreign tax credits, and report under the amnesty procedures if needed.