Taxation of End-of-Service Benefits for American Citizens Working in the Middle East
For most American expatriates who work in the Middle East, end-of-service benefits are an integral component of their salary package. Whether you are stationed in the UAE, Saudi Arabia, Qatar, or another Gulf state, it is important to know how these lump sums are taxed—locally and in the U.S. as well.
Here's what all American expats in the Middle East should know regarding the taxability of end-of-service benefits and how it fits into the big picture of US expats taxes in the Middle East.
What Are End-of-Service Benefits?
End-of-service benefits (EOSB), or gratuity or severance pay, are statutory lump sums paid by employers to employees upon the termination of their service, normally on resignation, dismissal, or retirement. These benefits are widespread in most Middle Eastern nations and usually calculated as a function of the employee's last salary and years of service.
In nations such as:
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UAE: Under the UAE Labor Law, workers are entitled to 21 days' wage for every one of the first five years of service and 30 days' wage for every subsequent year.
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Saudi Arabia: EOSB is computed as half a month's wage for every one of the first five years and a full month's wage for every year thereafter.
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Qatar: Like the UAE and Saudi Arabia, but specifics change according to contracts and legal developments.
Such benefits can add up to quite a considerable amount—tens of thousands of dollars often—so tax considerations are important.
Are End-of-Service Benefits Taxed Locally?
Most of the Middle Eastern nations do not tax individuals on income. That includes end-of-service benefits. Some nations such as the UAE, Saudi Arabia, and Qatar charge no personal income tax, so your EOSB will not usually be taxed locally.
Local tax-free does not mean global tax-free—particularly for Americans.
U.S. Tax Requirements: Global Income Rule
The United States taxes its citizens on worldwide income, regardless of where they live or work. That means your end-of-service benefit, even if earned abroad and untaxed locally, is still subject to U.S. taxation.
Here’s how it breaks down:
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EOSB is considered taxable income by the IRS unless excluded through specific provisions.
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If you take the benefit as a lump sum in the year that you retire, that whole amount could put you into a higher tax bracket.
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The IRS doesn't make an exception—whenever you take the EOSB, it counts it as earned income in the year that you take it.
This is where things can become difficult—and costly.
Can You Exclude EOSB Under the Foreign Earned Income Exclusion (FEIE)?
The Foreign Earned Income Exclusion (FEIE) enables eligible U.S. expats to exclude a maximum of $120,000 (as of 2023, indexed each year) of foreign-earned income from US taxation. The question is: Is end-of-service benefit "earned income"?
Yes—subject to conditions. IRS guidance states:
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EOSB qualifies as earned income only if it's for services actually rendered while overseas.
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It needs to be in proportion to the services you rendered—not necessarily a gift or gratuity.
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If your EOSB is based on years of service done overseas, that amount could be exempt under FEIE, provided you pass the physical presence or bona fide residence test.
But if some portion of the EOSB is for work done prior to your departure abroad or beyond your qualifying period, that amount is not deductible.
Pitfalls to Watch For
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Timing: Getting EOSB all in one year could make you go over the FEIE limit. Anything more than that is taxable.
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Lack of Withholding: Your employer will not withhold U.S. taxes—giving you a shock tax bill if you have not made arrangements.
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State Tax Exposure: If you still have connections to a U.S. state with income tax (such as California or New York), your EOSB will be subject to state tax as well.
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Misclassification: Treatment of EOSB as non-taxable can cause IRS penalties, particularly if the income is missing or misreported.
Strategies for U.S. Expats
To deal with US expats taxes in the Middle East, especially concerning EOSB, follow these:
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Tax Planning: Collaborate with a cross-border tax professional to design your tax year and optimize FEIE and the Foreign Tax Credit (FTC) where available.
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Income Smoothing: Where feasible, ask to be paid EOSB over two years to minimize the tax impact in one year.
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Retirement Contributions: Increase deductible retirement contributions in the U.S. to reduce taxable income.
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Correct Reporting: Utilize Form 2555 to report the FEIE and enter correct country-specific information. If you qualify for FTC as well, submit Form 1116.
FAQs: US Expats Taxes in the Middle East
1. Is end-of-service pay taxable in the U.S.?
Yes. If it does not meet the Foreign Earned Income Exclusion or is offset by Foreign Tax Credits, your EOSB is taxable income for the U.S.
2. How do I report EOSB?
EOSB is reported on your total wages on Form 1040. If excluded under FEIE, you will use Form 2555.
3. Can I escape U.S. taxes on my end-of-service benefit?
You might be able to exclude some or all of your EOSB under the FEIE or credit the tax using the Foreign Tax Credit. But complete avoidance is not common unless the payment qualifies under the exclusion limit and is completely contingent upon qualifying foreign work.
4. Must I report EOSB if it wasn't taxed in the Middle East?
Yes. Even if locally it's tax-free, the IRS does expect an accounting of all foreign-earned income.
5. Will the IRS ever know I got an EOSB?
Maybe. The U.S. requires reporting of every foreign bank account (through FBAR and FATCA), and huge transfers can raise alarms. And if you're audited or if your employer has to report, it might come to light.
Final Word
End-of-service gratuities can be a feeling of reward for all your hard work years after years—only to turn into a tax trap if you are not cautious. US expat taxes in the Middle East are convoluted, and the IRS's international reach means there is no free lunch, even in tax-free countries.
Seek expert advice early on. Think ahead about your exit. And don't presume "tax-free" equates to IRS-free.
