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When
workers find themselves covered under the systems of two countries
simultaneously for the same work, both countries generally require
the employer to pay Social Security taxes as well. Dual Social Security
tax liability is a widespread problem for U.S. multinational companies
and their employees.
Treaties
The United States
has bilateral Social Security agreements with 17
countries
to eliminate dual Social Security coverage and taxes for multinational
companies and expatriate workers. They also help fill gaps in benefit
protection for workers who have divided their careers between the
United States and another country. The agreements aim to maintain
the coverage of workers under the system of the country where they
are likely to have the greatest attachment, both while working and
after retirement.
An employee
who would otherwise be covered by both the U.S. and a foreign system
remains subject exclusively to the coverage laws of the country
in which he or she is working. Each agreement (except the one with
Italy) includes an exception for workers whose employers send them
abroad on temporary assignment. Employees who are temporarily transferred
to work for the same employer in another country, and whose assignments
are expected to last 5 years or less, remain covered only by the
country from which he or she has been sent. For specific details
by country, see the table
below.
Documentation
Workers
who are exempt from U.S. or foreign Social Security taxes under
a treaty agreement must document their exemption by obtaining a
certificate of coverage from the country that will continue
to cover them. When the other country issues a certificate certifying
that the employee is covered by the foreign system, the employer
can immediately stop withholding and paying U.S. Social Security
taxes on the employee's earnings. The certificate should just be
retained in the employer's files so it can be produced in the event
the Internal Revenue Service ever questions why no taxes are being
paid for the employee.
Employers generally
are required to request certificates on behalf of employees they
have transferred abroad; self-employed persons request their own
certificate.
Benefit
Protection
In addition,
workers who have divided their careers between the United States
and a foreign country sometimes fail to qualify for retirement,
survivors or disability Insurance benefits (pensions) from one or
both countries because they have not worked long enough or recently
enough to meet minimum eligibility requirements. Under a treaty
agreement, such workers may qualify for partial U.S. or foreign
benefits based on combined coverage credits from both countries.
People generally
do not need to take action concerning benefits under a treaty agreement
until they are ready to file a claim for retirement, survivors or
disability benefits. A person who wishes to file a claim for benefits
under a treaty agreement may do so at any Social Security office
in the United States or the foreign country.

Contact
Information
These agreements
are extremely beneficial both to workers and employers, eliminating
dual taxation and helping workers or their surviving family members
obtain payment of benefits to which they would not otherwise have
become entitled. Companies with foreign operations may also significantly
reduce their cost of doing business abroad.
A description,
as well as the complete text, for each bilateral treaty is listed
in the table below. For more information, see U.S.
International Social Security Agreements, or write to:
SOCIAL SECURITY ADMINISTRATION
Office of International Programs
P.O. Box 17741
Baltimore, Maryland 21235
USA
You can also
write to this address if you would like to request a certificate
of U.S. coverage, or to suggest the negotiation of new agreements
with specific countries. In developing its negotiating plans, the
Social Security Administration gives considerable weight to the
interest expressed by the workers and employers who will be affected
by potential agreements.
For
certificates of coverage from other countries, you will need to
contact that country's social security agency. For a list of social
security websites for many countries, see Social
Security Web Sites Around the World

The
information provided in this website is not legal advice and should
not be interpreted as legal advice. This website is intended to
provide a basic understanding of this information in summary form.
This information may not be comprehensive, is subject to change,
and may not apply to all individual circumstances. Any information
received here should be confirmed with the appropriate government
agencies or with an attorney, particularly as it relates to your
individual circumstances. Your use of this website indicates your
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of Use.
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