U.S. Taxpayers Living, Working or Investing Overseas

This program was recorded live on Tuesday, September 12, 2017

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Continuing Education

CPE Program Knowledge Level: Overview
2 CPE Credit; NO prerequisites or advance preparation
CTEC Course #: 3022-CE-0118
IRS/RPO Approved Program
#7ZBUJ-T-00059-17-O (Online/Group) Live (Group-Internet Based)
#7ZBUJ-T-00059-17-S (QAS Self Study) Archive
Federal Tax Law (2 Hours)

Program Content

This online learning program, presented as a live webcast, will be also archived for QAS Self Study. The program will be available for viewing for 12 months after the live webcast. A panel of IRS and industry experts will present the content during a live, interactive discussion, where participant questions can be submitted. Questions will be answered live on the program or posted on the Resources page. Former Director of Internal Communications for the IRS, Les Witmer, moderates the program.

The program, through a lively round-table discussion and real time interaction with the audience, looks at how U.S. taxpayers living, working, or investing outside the United States are taxed under the U.S. tax code. The program will examine the worldwide reach of the Internal Revenue Code and the exclusions and credits available for those living overseas. Panelists also will discuss the taxation of U.S. shareholders of foreign corporations, including the controlled foreign corporation rules, and the reporting requirements imposed on those who hold assets outside the United States.

Program Learning Objectives

  1. Identify the number of days required to be in the United States for a person to pass the Substantial Presence Test.
  2. Identify in which U.S. territory a person is not considered a U.S. citizen at birth.
  3. Identify which of the IRC sections that allows for a first-year election to be treated as a U.S. Resident Alien for tax purposes.
  4. Identify the delayed due date for tax returns for citizens living abroad.

Program Outline

  • US Taxation of Worldwide Income
    • US citizens and resident aliens
    • Determination of resident alien status
      • Green Card Holder
      • Substantial Presence Test
    • Elective resident status
    • Dual-status years
    • Residents of US possessions
  • U.S. Citizens and Residents Living Overseas
    • Tax Treaty Relief
    • Foreign earned income exclusion
    • Foreign housing exclusion or deduction
    • How to elect the exclusions
  • Foreign Tax Credit
    • Election
    • Creditable taxes
    • Limitations
    • Recapture
  • US Shareholders of Foreign Corporations
    • What is a CFC and impact on US shareholders
    • Insuring Correct Exchange rates
    • Subpart F income
    • Passive foreign investment companies (PFIC)
    • Transfer to foreign trusts
    • Information reporting for foreign partnerships
  • Reporting Foreign Assets of US Taxpayers
    • FBAR reporting
    • FATCA reporting (Form 8938)
  • Other Foreign Tax Rules
    • Expatriation
    • Currency transactions
    • Boycotts/ Illegal Payments



Les Witmer, APR
Communications Consultant

Les Witmer has served as the moderator for Tax Talk Today since 2001. He is a Communications Consultant in Atlanta. He retired after a distinguished career of 34 years with the Federal Government serving the last 23 years with the Internal Revenue Service. He held various positions with the IRS in Communications and Taxpayer Information and retired during the stand-up of the Wage and Investment Division as the Director of Communications. He also was periodically assigned by the U.S. Treasury Department to the Office of Economic Cooperation and Development (OECD) to be a member of an international team that advised and conducted seminars on Taxpayer Information and Customer Service programs to tax and ministry of finance officials from Russia and other Eastern European Countries. Preceding IRS, he served on active duty with the U.S. Army including as an infantry officer in Vietnam. He had other active duty and reserve assignments culminating with being activated during Desert Storm. He retired as a Lieutenant Colonel. He holds a B.S. in Journalism from the University of Southern Mississippi and an M.S. in Public Administration from the American University.

IRS Panelist


Tracy L. McFee, CPA
Senior Revenue Agent, IRS LB&I Withholding & International Individual Compliance

Tracy McFee is a Senior Revenue Agent with Withholding & International Individual Compliance in the Large Business and International Division.   As a Senior Revenue Agent, Tracy serves as a technical expert on US taxation of citizens and resident aliens who live or work abroad.

Tracy joined the Internal Revenue Service in 1990.  Over the course of her career, Tracy has held a variety of positions with the IRS, including Internal Revenue Agent, International Tax Compliance Officer Group Manager, Senior Tax Specialist, Tax Compliance Officer and Tax Examiner.  Tracy Is Certified Public Accountant and holds a degree in Economics from the University of Chicago.

Industry Panelists

Phyllis Jo Kubey, EA CFP® ATA ATP

Phyllis Jo Kubey has been preparing tax returns and offering tax planning and consultation since 1986, beginning by working part-time for H & R Block, and has been in business continuously for 30+ years.  She continued to work part-time for H & R Block until 1989 when she left to devote more time to her own practice.

Ms. Kubey has earned the professional licenses of Certified Financial Planner (CFP®), Accredited Tax Advisor (ATA), Accredited Tax Preparer (ATP), and Enrolled Agent (EA).  She is a fellow of the National Tax Practice Institute and a member of the National Association of Enrolled Agents (NAEA), National Association of Tax Professionals (NATP), National Society of Accountants (NSA), National Society of Tax Professionals (NSTP), Pride Planners, and Financial Planning Association (FPA).

She specializes in IRS and state tax-related representation – audits, collection, non-filing cases, etc. – and has particular expertise in areas relating to musicians, actors, artists, non-resident alien tax issues, US citizens working abroad, same-sex couples, and clergy.

Ms. Kubey is a Director of the NYSSEA (New York State Society of Enrolled Agents), chairs the NAEA PAC Steering Committee, and is a recently-appointed member of the IRSAC (Internal Revenue Service Advisory Council).

Ms. Kubey has a Master of Music in voice from The Juilliard School and is also a Certified Teacher of the Alexander Technique.

Mary-Heather Styles, EA
Director of International Tax
Transatlantic Tax Inc., Phoenix, Arizona

Mary-Heather Styles has owned and run tax consultancy businesses for over thirty-five years, firstly in the United Kingdom and, for the past sixteen years, in Phoenix, Arizona.  Her business, Transatlantic Tax Inc., only works with clients whose tax affairs include an international element, either incoming or outgoing.

She is British and has therefore undergone personally the joys and upsets of settling in a new country.  Her academic qualifications were all obtained in the United Kingdom, other than her qualification as an Enrolled Agent.  She qualified as a barrister (attorney) in England, and continues to find the ability to read legislation very useful.

The demise of the UK expatriate paper for which she wrote a monthly article, was nothing to do with her and she continues to spread international tax information to the fullest extent possible.  She has a very busy year-round practice and is kept going by love of her work – and chocolate, very good chocolate!

Content Consultant

David F. Windish, J.D., LL.M
Content Consultant

David F. Windish, J.D., LL.M. in taxation, is a tax attorney and consultant. He has served as an instructor of tax-advantaged investments at the New York Institute of Finance; an Instructor of business law at the U.S. Merchant Marine Academy, Kings Point, N.Y.; and an adjunct professor at George Mason University, Fairfax, Va. He has also served as executive editor for Tax Analysts; managing editor for Business Strategies, published by CCH; and senior editor for the Institute for Business Planning.

Mr. Windish is the author of Practical Guide to Real Estate Taxation, published by CCH and currently going into its sixth edition. Earlier works include Tax Advantaged Investments and Investor's Guide to Limited Partnerships, both published by the New York Institute of Finance. Through the Center for Video Education, he authored continuing education courses dealing with real estate and closely held corporations. Those courses included readings, case studies, and videotape segments.

Mr. Windish is a graduate of Rutgers University Law School and the New York University School of Law, Graduate Division. He has been heard as a guest speaker at professional meetings and seminars and on popular radio programs.

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