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Expanding into international markets can open up exciting opportunities for founders, from reaching new customers to building new revenue streams. However, growth across borders also brings new tax complexities, one of the most common being the risk of your income being taxed both in the US and in another country.
A tax treaty doesn’t automatically fix this. Planning does. That means knowing which country has taxing rights, taking advantage of available tax benefits, and understanding your reporting obligations so you can stay compliant.
Why double taxation happens
Double taxation is triggered more easily than most founders imagine. If you relocate abroad to run your business, open a foreign subsidiary or start collecting foreign dividends, royalties or consulting fees, you can end up in a second country’s tax system before you know it.
At the same time, the US taxes all citizens and Green Card holders on their worldwide income regardless of where they live or do business. While most expat founders can reduce or eliminate US tax by claiming foreign tax credits, the IRS still requires you to report your worldwide income. Additionally, some business structures trigger complex US reporting obligations on informational returns like Form 8858, Form 5471 or Form 8865, depending on your business structure, with steep penalties even when no tax is owed.
When tax treaties are helpful
The US has signed tax treaties with over 60 countries. These treaties exist to help prevent double taxation, but their existence alone doesn’t automatically mean you don’t have to worry or do anything. Treaties primarily assign taxing rights between countries, and some reduce withholding taxes on dividends, interest and royalties (often from 30% to between 0 and 15%), and they also clarify the rules for which jurisdiction taxes first, so you know in which country to claim foreign tax credits.
But treaties have limits, and all US treaties include a savings clause that can override most treaty benefits for US citizens, as though the tax treaty didn’t exist at all. Some types of income aren’t fully covered, and some countries don’t have a tax treaty with the US at all.
Assuming a treaty innately protects them from double taxation is how founders often end up with an unexpected tax bill. Treaties can help reduce double taxation, but they don’t eliminate it in every case or remove your US reporting and filing obligations. In some situations, you may also need to file Form 8833, Treaty-Based Return Position Disclosure, to claim benefits.
The biggest tax traps for international founders
In my experience, founders tend to make one (or more!) of the following mistakes:
Trap 1: Creating a permanent establishment without realizing it. This happens when your business builds a taxable presence in a country without meaning to. This can be through a fixed place of business, such as an office, an employee with authority to negotiate or sign contracts on the company’s behalf, or simply spending too much time conducting business there. If you cross that line, the country can tax your business profits there, even if you never meant to set up shop.
Trap 2: Misunderstanding tax residency. Founders often assume tax residency depends on citizenship or where the company is registered. Unfortunately, that isn’t the case; most countries base it on how many days you spend there. This is typically 183 days or more, making your worldwide income taxable in that country too.
Trap 3: Overlooking withholding tax. Dividends, royalties and certain service payments may be subject to US withholding tax. This means tax is deducted before the money ever reaches you. If founders don’t account for these deductions, this can affect cash flow, budgeting and reinvestment plans.
Because of this, it’s essential to understand when withholding taxes apply and determine whether relief is available under a tax treaty. This can help your business forecast more accurately and avoid unwanted surprises as you expand internationally.
Trap 4: Treating corporate and personal tax planning as separate problems. Incorporating overseas may offer local tax advantages, but it can also trigger US tax and reporting obligations. For example, the Global Intangible Low-Taxed Income (GILTI) regime can require certain US owners of foreign corporations to include a portion of the company’s earnings on their US tax return, even if those profits have not yet been distributed.
In countries like Estonia, where corporate profits aren’t taxed until they are distributed, this means US tax may arise before local corporate tax is paid, which can increase the risk of double taxation. It also means filing Form 5471, an annual IRS information return. The filing requirement applies whether or not the company made a profit, and the penalties for failing to file can be significant.
Seek advice before you expand
By seeking advice and tax planning early for your expansion plans, you can determine how local rules interact with your existing business and create a tax-efficient structure in advance.
Understanding how your foreign business structure affects US reporting obligations is key to staying compliant and avoiding IRS penalties. Keep clear records of any foreign taxes you pay, and work with advisors who are familiar with the rules in both jurisdictions, not just one.
Remember, international expansion doesn’t have to mean paying more tax than necessary. By understanding how different tax systems interact, choosing the right business structure and making full use of available treaty benefits and tax credits, founders can often reduce or avoid double taxation. Building tax planning into your international growth strategy from the outset helps protect both your profitability and your ability to scale with confidence.
Expanding into international markets can open up exciting opportunities for founders, from reaching new customers to building new revenue streams. However, growth across borders also brings new tax complexities, one of the most common being the risk of your income being taxed both in the US and in another country.
A tax treaty doesn’t automatically fix this. Planning does. That means knowing which country has taxing rights, taking advantage of available tax benefits, and understanding your reporting obligations so you can stay compliant.
Why double taxation happens
Double taxation is triggered more easily than most founders imagine. If you relocate abroad to run your business, open a foreign subsidiary or start collecting foreign dividends, royalties or consulting fees, you can end up in a second country’s tax system before you know it.
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Nathalie Goldstein