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Digital Nomad Tax

What is it and What are the challenges?

By 1040 AbroadPublished about a year ago 4 min read
1040 Abroad

As a digital nomad, you will be taxed in your home country and the country you are working in. While digital nomads pay taxes, navigating these complexities can be challenging, so make sure to get professional advice to stay compliant and avoid penalties.

What is Digital Nomad Tax?

Digital nomad tax is the tax obligation of individuals who work remotely while traveling or living in different countries. A 'tax resident' is someone whose tax obligations are determined by their residency status, which can affect digital nomads based on the time they spend in a country or their substantial ties to it. Unlike traditional employees, digital nomads are subject to the tax laws of multiple countries.

Where do I pay taxes if I work remotely and travel?

If you work remotely and travel you will need to pay taxes in your home country and the country you are in, depending on their tax laws. It is crucial to understand the tax laws of the foreign country where you reside as a digital nomad. Most countries require tax residents to pay taxes on worldwide income if they spend more than 183 days there. You might also need to consider tax treaties between countries to avoid double taxation. Get professional advice to stay compliant in both jurisdictions.

US Filing Requirements for Digital Nomads?

As a US citizen or resident working remotely and traveling internationally, you need to be aware of the following filing requirements to stay compliant with US tax laws:

Annual Tax Return (Form 1040): Report worldwide income, regardless of where you live or work.

Foreign Earned Income Exclusion (FEIE): Exclude up to a certain amount of foreign-earned income (Form 2555) if you meet specific tests.

Foreign Bank Account Reporting (FBAR): File FinCEN Form 114 if foreign financial accounts exceed $10,000.

Foreign Account Tax Compliance Act (FATCA): File Form 8938 if foreign financial assets exceed certain thresholds. It is crucial to report specified foreign financial assets under FATCA regulations to avoid penalties and ensure compliance with IRS requirements.

Self-Employment Tax: Pay self-employment tax on net earnings, even if you are abroad.

Which country has the best digital nomad taxes?

Portugal is considered one of the best countries for digital nomad taxes due to its Non-Habitual Resident (NHR) program. The NHR program offers big tax benefits, a flat 20% income tax rate on Portuguese-source income, and a potential tax exemption on foreign-source income for up to 10 years. Additionally, countries like Malta offer exemptions from capital gains tax for non-residents, making them attractive tax-friendly destinations.

What Tax Benefits, Including Foreign Earned Income Exclusion, Are Available for Digital Nomads?

Digital nomads can benefit from the Foreign Earned Income Exclusion (FEIE), which allows them to exclude up to a certain amount of foreign-earned income from US taxes if specific residency tests are met. Tax treaties between countries can also prevent double taxation and offer good tax treatment. The Foreign Tax Credit (FTC) gives credits for foreign taxes paid to avoid double taxation. Special tax regimes, like Portugal’s Non-Habitual Resident (NHR) program, offer reduced tax rates and exemptions.

Countries with territorial tax systems only tax local income, foreign income is exempt. Get professional advice to make the most of these benefits.

What are the problems of being a tax resident digital nomad?

Tax Complexity: Navigating dual tax obligations and different international tax laws can be hard and time consuming.

Residency Issues: Determining and maintaining tax residency can be tricky and affects tax obligations and legal residency rights.

Legal Compliance: Complying with different countries’ work and visa regulations can be complex and limits stay duration.

Healthcare: Access to consistent and good healthcare can be uncertain and insurance coverage might be insufficient or expensive.

Isolation and Stability: Frequent travel can lead to feelings of isolation, lack of community and difficulties to maintain stable relationships and routines.

Financial Management: Managing finances across multiple currencies and banking systems can be complicated and costs extra.

Foreign Assets: Compliance with reporting obligations for foreign assets is crucial. U.S. legislation like FATCA enables the government to track these holdings, and failing to file IRS Form 8938 when required can lead to severe consequences.

How to avoid double taxation for digital nomads

Digital nomads can avoid double taxation by doing the following: First, they can claim Foreign Tax Credits (FTC) using Form 1116 to offset US tax liability with taxes paid to foreign governments. Double taxation on the same income can occur when income is earned in multiple countries, but foreign tax credits and tax treaties help prevent this by allowing individuals to offset taxes paid abroad. Second, they can use the Foreign Earned Income Exclusion (FEIE) by filing Form 2555 which allows them to exclude up to a certain amount of foreign-earned income from US taxes if specific residency tests are met.

Digital nomads should use bilateral tax treaties between countries to prevent double taxation and get tax relief. Clarifying tax residency is key to understanding obligations and potential benefits in each country. Finally, get professional advice from a tax expert in international tax law to navigate the complexity and make the most of the benefits.

Conclusion

Being a digital nomad can be tough and complex, with dual taxation, different tax laws, and compliance issues. Understanding federal and state income taxes is crucial for digital nomads, as their worldwide income is subject to US income tax rates. But by knowing the filing requirements, using the tax benefits, and getting professional advice digital nomads can manage their tax obligations and avoid the pitfalls.

Free Tax Consultations and Advice

1040 Abroad offers free tax consultations and advice to all U.S. expats living abroad, so you can navigate your tax obligations and comply with U.S. tax laws. This can be super helpful in managing international tax complexity and getting the most out of the benefits.

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About the Creator

1040 Abroad

1040 Abroad helps Americans overseas file their U.S. tax returns & catch up with late taxes using IRS amnesty programs & financial strategies to save money on taxes!

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