From @HelenBurggraf - taken to it's conclusion means that US citizens should renounce in order to avail themselves of the benefits of being a #nonresidentalien which include parking money in the USA away from the prying eyes of the rest of #CRS world. americanexpatfinance.com/news/item/971-…
Q. How can nonresident aliens (not US citizens or residents) use the USA as a privacy jurisdiction? Why does @TaxHavenUSA exist? A. Because, as noted by @TaxJusticNet, the USA as refused to join the Common Reporting Standard which requires reciprocal exchange of information.
While refusing to join the CRS and provide information to the rest of the world, the USA employs #FATCA to require information from the rest of the world. It's the American Way: You will give us everything and we will give you nothing. "Heads I win and tails you lose."
But, #FATCA has also allowed the US to expand its tax base into other countries and impose direct US taxation on the non-US source income earned by those with @taxresidency in those other countries. But, I digress a bit ... americanexpatfinance.com/opinion/item/2…
Commentators also claim that the USA won't join the CRS because it has #FATCA. IMHO this is confusing correlation with causation. I doubt the US would join CRS under any circumstances bc it would impose an obligation on the USA to provide info. US has no obligations under #FATCA
As goes migration, so goes history. The USA historically was a beacon for those freeing oppression and seeking liberty. Speaking of liberty, I am reminded of a famous poem related to the Statue Of Liberty ... "Give me your ... Your huddled masses" en.wikipedia.org/wiki/The_New_C…
The 21st Century rise of @TaxHavenUSA has made the USA a new haven for those seeking liberty and privacy. The allure of America is no longer personal freedom (highest incarceration rate in the world). It's the freedom afforded non-US individuals to shield assets from prying eyes.
Privacy aside, capital parked in the USA is often invested in various kinds of US situs assets including US stocks and US real estate. This has its own set of challenges while the investor is alive and is (more or less) subject to US taxation on the investment income
But, if a nonresident alien dies with US situs assets (real estate and US stocks) ... Their estate is subject to a 40% confiscation of the FMV of the asset!! (And yes I know that there are work arounds - foreign corps with all the extra costs, etc.) But, this is a big problem!
Which makes me wonder if the next big USA "Data Grab" will be to try to determine exactly who are the nonresident aliens who own all US situs assets. If they die owing US situs assets, it's a 40% asset confiscation just waiting to happen.
Re the claim that US is the Number 1 privacy jurisdiction in the world. There is disagreement on whether this is good or bad. Why should every person in the world be subject to the kind of scrutiny that the "Tax Justice Warriors" advocate? Perhaps a "Statue Of Privacy" is needed!
Interesting and motivating ... Frequent references to the fact that the fight to repeal WEP and GPO has been going in since 1983 (40 years). Adovacy is difficult!
Principle 7 - understanding what the #endingdoubletaxation of #Americansabroad means:
It's critical to understand how US @citizenshiptax makes it harder and more expensive for U.S. companies to hire U.S. citizen employee/managers/executives. Nobody understands this better than Jim Gosart - @jgoshksk ...
Principle 6 - understanding what the #endingdoubletaxation of #Americansabroad means:
The biggest obstacle to change to the US @citizenshiptax extra-territorial tax regime is NOT Congress or Treasury
The biggest obstacle to change is (amazingly) #Americansabroad as a group.
Because, @citizenshiptax affects different people very differently, it is hard to (1) define the problem (people understand it in how it affects them) and (2) willingness to actively campaign for change.
All #Americansabroad must come together to demand the severance of citizenship from @taxresidency.
Let's consider different groups and imagine how
@citizenshiptax affects members of those groups. Those with their financial center of gravity in the US might object to the compliance/filing requirements. But are not likely to experience the destructive affects of having a financial center of gravity outside the USA.
Least impacted: 1. Those who retired in the USA and moved abroad 2. Wealthy Americans who move abroad 3. Employed expats who are temporarily abroad.
Most impacted: 4. Emigrants living permanently abroad 5. Accidental Americans who file U.S. taxes
Could go either way: 6. Digital nomads (often use FEIE to avoid paying tax anywhere).
The key point is that because @citizenshiptax impacts people in different ways it is hard to get universal support for severing citizenship from @taxresidency.
Most people want their specific problem solved but are NOT supporters of completely ending the extra-territorial tax regime.
Principle 5 - understanding what the #endingdoubletaxation of #Americansabroad means:
Starting in "Principle 1" I explained that the problem of the #doubletaxation of #Americansabroad exists in relation to non-US income sources received by individuals who do NOT live in the USA (AKA #Americansabroad.
Key point: If @USCitizenAbroad does NOT have non-US income sources and assets, the US @citizenshiptax will be experienced mostly as filing a US tax return while living outside the USA. From that perspective it's easy to see why non-resident US citizens with US income sources and assets are not hugely impacted by US #citizenshiptaxation.
Let's be a bit more precise. Imagine you have a @USCitizenAbroad with an investment portfolio of US stocks, US Social Security or a US pension. Even if taxed by the non-US country, the US generally has first right of taxation (it's US source income). US will NOT impose punitive taxation bc it's US source income. (The other country will generally provde a credit for US tax paid.
Now let's consider a @USCitizenAbroad with a non-US investment portfolio (possibly including non-US mutual funds), non-US pension, small business corp located outside the USA the situation is the opposite of having all US based assets. The non-US country has first right of taxation. The US will then impose very punitive taxation, reporting and penalties because it is "foreign income and assets". #PFIC, #GILTI, #Form5471, #Form8938, #Form8621, etc. - denial of foreign tax credits ...
Clearly US @citizenshiptax allows those WITH US asset
Second, the lost opportunity of not being able to participate in retirement and financial planning programs created by their country of actual residence:
Third, the horrible fees to tax preparers to prepare (often incorrectly) US tax returns. It is obvious that compliance costs should be considered a separate tax on UScitizenship.
Fourth, the inability to have access to normal banking, brokerage and investment accounts. US Treasury denies this is happening. But, I have people all over the world #renounceuscitizenship in order to free them from this US @citizenshiptax imposed disability.
Fifth, who in their right mind would engage in business opportunities with a U.S. citizen partner. Would you want to have your banking info reported to the IRS
Principle 3 - understanding what the #endingdoubletaxation of #Americansabroad means:
Because @doubletaxation of #Americansabroad is caused by US @citizenshiptax it is clear that ending the #doubletaxation of @USCitizenAbroad can be ended by ending #CBT - AKA separation citizenship from @taxresidency. This is the ONLY solution that solves the problems of all people, all the time and under all circumstances.
That said, other solutions have also been proposed.
These other solutions which RETAIN US #citizenshiptaxation and solve the problems of some but all include ...
-
Proposals that RETAIN US @citizenshiptax but provide relieving provisions for some of the effects of #CBT for some people but not for others. Examples include:
- the 2018 Holding Bill and the later Beyer bills which mostly exclude most non-US source income from US taxation but are aimed at limited forms of income and leave ALL reporting requirements in place (Form 5471, Form 8938, Form 3520, Form 3520A, Form 8621, FinCEN 114, etc.)
Note that although these might enddouble taxaion they are limitedin scope.
It's important to note that #endingdoubletaxation of #Americansabroad ...
- by severing US citizenship from @taxresidency ends all the compliance costs of being a @USCitizenAbroad
- by RETAINING US @citizenshiptax, but creating a "carve out" for foreign income means that the compliance cost, reporting obligations and opportunity cost (restrictions on investing/financial planning) likely continue.