Expatriate Assignment Law

Expatriate Assignment Law

Expatriate Assignment Employment Law

An expatriate is an employee that works in a country other than their country of origin. When an expatriate is assigned to work for 5 or more years, they run the risk of becoming a "de facto" employee in the host country, which means the labor laws of the host country apply to the employee. Also, a U.S expatriate still owes U.S taxes each year on the income earned from working abroad.

Employer Representation Legal Issues:

Since the U.S has income tax treaties with over 35 countries abroad, the Internal Revenue Service (IRS) and the foreign taxing authorities are able to exchange citizen information. However, under the Internal Revenue Code (IRC), if a U.S citizen working abroad qualifies, they can exclude a portion of their foreign earned income. This will limit a specified amount, depending on foreign housing costs. To qualify for the foreign earned income and housing cost exclusions, there must be a foreign earned income and pass one of the following tests:

  1. The bona fide residence test - this requires the taxpayer to be a bona fide resident of the foreign country for a full tax year.
  2. The physical presence test - this requires the taxpayer to be present in a foreign country for a minimum of 330 full days for 12 consecutive months.

What an Employment Lawyer can do for you:

A U.S. citizen may qualify for exclusion if they pass one of the two aforementioned tests. To learn more about the qualifications and exemptions, speak to an employment lawyer. An employment lawyer can help facilitate employment issues and expat assignments. If you are traveling to a foreign country for employment it's important to understand the rules that apply to your situation. The help of an employment lawyer can help your chances of qualifying for expat assignment tax exclusions.

Lawyer Referral Service:

Attorney Search Network can help you find an employment lawyer who can answer all your questions about expat assignment. Call Attorney Search Network today and we can refer you to an employment lawyer who can help with expat assignment.

If you have any questions about the employment law information provided above, please contact us. Call us toll free at (800) 215-1190 or fill out our online form for your Employment Law lawyer referral.


If you have any questions about the information provided above, please contact Attorney Search Network.

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