Almost all victims of the US extraterritorial tax AKA @citizenshiptax regime (enforced by #FATCA) agree that the practice of the US defining @taxresidency based on the "status" of citizenship alone must end. The plea is: End @citizenshiptax (enforced by #FATCA) and adopt #RBT.
When an organization or individual says they support #RBT or a political party includes #RBT in their platform, you must ask EXACTLY what do they mean by #RBT (Residence-based taxation)? Does their proposal leave citizenship in any way relevant to @taxresidency, #FATCA or #FBAR?
Do advocates of #RBT mean simply supporting a kinder more gentle (Eritrea style) of @citizenshiptax or do they mean making citizenship irrelevant to @taxresidency? Would #Americansabroad still remain US tax residents or do they cease having US @taxresidency for all purposes?
.@SEATNow_org supports and advocates the necessity of adopting, working toward and securing the goal of completely severing US citizenship from US @taxresidency. It's not good enough to simply say that one supports #RBT without clarification of meaning. seatnow.org/2021/07/18/beg…
In the spring of 2021 I wrote five posts for the purpose of explaining why the survival of the community of #Americansabroad depends on the US ending @citizenshiptax by severing US citizenship from @taxresidency. This twitter thread is to collect these posts in one place ...
Post 5 - "Take 1: Digging The Foundation To Build The House Of US Residency-based Taxation - A Partial Legislative Proposal" - July 9, 2021 - citizenshipsolutions.ca/2021/07/09/tak…
It must be emphasized that US @citizenshiptax affects ALL #Americansabroad with the effect that many feel forced to @JustRenounce their US citizenship. This is a non-partisan issue and what unites the victims of #CBT is far greater than political differences that may divide them.
The #FATCA is that @citizenshiptax is a non-partisan issue. As @SEATNow_org has written a regulatory fix is possible. That said the ultimate solution is for Congress to change the law. To understand the regulatory fix see ... papers.ssrn.com/sol3/papers.cf…
As long as @citizenshiptax continues #Americansabroad can't be safe. They will be subject to unexpected changes in the US tax code that may or may not be directed specifically at them but have life altering effects on their lives (@USTransitiontax, #GILTI, #PFIC, #ExitTax, etc.)
The forever danger of @citizenshiptax was explained in: "The Road To Tax Reform For Americans Abroad: Part 1 – The Problem Is The System And Not The Party" - February 19, 2022 - citizenshipsolutions.ca/2022/02/19/the…
Although the life destroying nature of US @citizenshiptax is a "non-partisan" issue #Americansabroad are caught in the partisan "cross fire" between the Democrat and Republican parties. The @Partyocracy of US politics has rendered the needs of individual Americans irrelevant.
The irrelevance of individuals is why the @Independents movement is growing in the USA. A podcast with @ForSwartz suggests resident Americans are tired of "not being listened to" and tired of being "used" as votes for parties that don't represent them. prep.podbean.com/e/update-with-…
#Americansabroad must understand that in "Democracy In America" (what would Tocqueville. think?) individuals (whether residents or #Americansabroad) matter only to the extent that parties want their vote. Therefore, the way you use (or not) your vote is the only defence you have.
It's a HUGE MISTAKE for #Americansabroad to rely on the political parties to solve the problem of @citizenshiptax enforced by #FATCA. "It's not they don't care. It's that they don't care that they don't care." It's time to encourage a movement of @Independents for @USVotersAbroad
The vote of an individual matters only if that individual (whether a party member or not) refuses to commit their vote to any candidate or party that does not prove they support severing US citizenship from US @taxresidency. @USVotersAbroad must declare as @Independents.
As @SEATNow_org President @TAPInternation reminds us, those trolling for your votes will respect you only if you demonstrate that you are capable of NOT voting for them.
Those trolling for your votes will respect you ONLY if you respect yourself. It's possible to discuss @TheDemocrats without discussing The Republicans and vice-versa. Any party or candidate must earn your vote. seatnow.org/2021/06/14/ove…
Remember that @citizenshiptax is NOT only an offence against you as a @USCitizenAbroad. It is an offence against your family (investment restrictions) and your country of residence (you are a #FATCA node). It's time for you to take a firm stand.
All #Americansabroad are encouraged to join the movement of @USVotersAbroad - a coalition of @Independents - who will support only those who advocate for the same #RBT which the rest of the world enjoys - meaning that citizenship is irrelevant to @taxresidency for all purposes!
Apparently this "tax debt" was the result of a penalty for failing to file a Form 3520 to report a "foreign trust". #Americansabroad should be concerned. Clearly in America ALL rights are becoming subordinate to the tax and penalty regime. But, see the following comment ...
The gist of the decision which should be deeply troubling. Bottom line: Mr. Franklin's passport was revoked because he failed to file a 3520 reporting a foreign trust ...
There is "Only US Territory Without Birthright Citizenship" ... Although entirely arbitrary, those born in this territory are @citizenshiptax free and don't know how lucky they are! nytimes.com/2022/11/25/wor…
As per IRC 931 residents of American Samoa are NOT taxable on income earned in American Samoa. law.cornell.edu/uscode/text/26…
This is a "Same Country Exemption" for income earned by US citizens and Green Card holders who are bona fide residents of American Samoa. But, residents of America Samoa who are are neither US citizens nor US tax residents are taxed as nonresident aliens on US source income.
Some Green Card holders and #Americansabroad living in Belgium are like Alice in her "Adventures In Wonderland". You see they have @taxresidency in the USA, but when they move to Belgium they "changed" to NOT being "residents of the United States" and are denied certain benefits.
Note that the standard "saving clause" confirms the right of the countries to tax their "residents" (as defined in Article 4) and "citizens" (without regard to anything). As always, there are certain exceptions to the "saving clause". Here is paragraph 4 of Article 1 ...
Next we move to Article 4 (the usual residency article) and note that US citizens and Green Card holders ARE defined as US tax residents under US law. Therefore, they are presumptively residents of the USA under the treaty ...
.@TheDemocrats through their @DemsAbroad wing is working hard to harvest the votes of #Americansabroad. The Republicans are not. As the recent Pelosi message shows, the Democrats don't understand @citizenshiptax or #FATCA problems, don't care or don't care that they don't care.
Now before people start saying "But what about the Republicans?" I remind you that the #FATCA of the matter is that Republicans are NOT out harassing you for your vote. Maybe they should be? It IS possible to discuss one party without discussing the other.
Highly recommend this 2014 interview with @andygr about the nature of US citizenship. How to get it. How to lose it. How to determine whether you have it.
A Mexico Land TRUST, is not a FOREIGN TRUST for IRS purposes - ("cannot be what it isn't"). But, a Liechtenstein “Stiftung” - private FOUNDATION with no reference to the word TRUST is a FOREIGN TRUST for IRS penalty purposes - ("would be what it isn't"). casetext.com/case/rost-v-un…
Here is IRS Rev. Rul. 2013-14 which decided that certain Mexican Land Trusts are NOT trusts for IRS purposes irs.gov/pub/irs-drop/r…
Here is the August 11, 2022 decision of the US Court Of Appeals - 5th Circuit that ruled that a Liechtenstein "Stiftung" (a German word meaning, roughly, "foundation" or "endowment.") ARE trusts for IRS purposes casetext.com/case/rost-v-un…