Post from @1040abroad (includes) attempts to define who is an ”Accidental American” (not defined in US law). US Treasury has made consistent attempts to help them without defining them. How should “Accidental American” be defined? taxconnections.com/taxblog/being-… via @TaxConnections
The first recognition of the problem of "Accidental Americans" is found in the 2015 Obama budget proposal discussed here ... See the screen shots for what was proposed. citizenshipsolutions.ca/2015/02/08/the… ImageImage
The second recognition of the problems of "Accidental Americans" appeared to result in the 2019 "IRS Relief Procedures For Former Citizens" as discussed here ... citizenshipsolutions.ca/2019/12/18/irs… ImageImage
The third recognition of the problems of "Accidental Americans" comes in the March 2022 Biden Green Book which is designed to allow certain individuals to expatriate easily. citizenshipsolutions.ca/2022/03/29/bid… ImageImage
The fourth recognition of the problems of (and caused by) "Accidental Americans" came in Dec. 30/22 - Notice 2023 - 11. The effect of the Notice was that FFIs would NOT be required to close the bank accounts of certain Accidentals who do not have SSNs. taxconnections.com/taxblog/the-ca… Image
The fifth recognition of the problems of (and caused by) Accidental Americans was the Jan. 6/23 announcement by the State Dept that it intended to reduce fee for a CLN from $2350 to the 2012 level of $450. A clear intention to make renunciation easier. citizenshipsolutions.ca/2023/01/10/sta… Image
It can be inferred that US wishes to remove "Accidental Americans" from US tax base. The preceding five steps are attempts to encourage the easy/painless renunciation of US citizenship in accordance with US law and improve US tax compliance in a @CitizenshipTax and #FATCA world.
The term "Accidental American" is neither a definition nor concept in US tax or nationality law. It will be interesting how US defines the groups of people targeted by various programs/initiatives. For example, the 2019 "Relief Procedures For Former Citizens" is narrowly defined.

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More from @ExpatriationLaw

Sep 6
If you who wonder whether @DemsAbroad has any interest in issues facing #Americansabroad, here's the answer. @TheDemocrats do NOT care about @citizenshiptax and #FATCA AND "They don't care that they don't care." It's ONLY about your vote!! via @YouTubeyoutube.com/live/9cgIbShsW…
@DemsAbroad @TheDemocrats @CitizenshipTax @YouTube The "Americans Abroad for Harris-Walz-Live" delivered the following message to #Americansabroad:
I felt sorry for @DemsAbroadTax head @AbroadRebecca who was an "Island Of Relevance For #Americansabroad" in an ocean of contempt and ridicule. Rebecca was marginalized by appearing in the last few minutes (too late) and in a group of abt six others (watering down the issue).
Read 10 tweets
Sep 3
UNITED STATES v. SCHWARZBAUM (2024) - Aug. 30, 2024: 11th Circuit (citing Gorsuch dissent in Toth Supreme Court cert petition) disagrees with 1st Circuit ruling in Toth and rules 8th Amendment excessive fines clause applies to aspects of #FBAR penalties. caselaw.findlaw.com/court/us-11th-…
The Schwarzbaum #FBAR case is a very interesting decision with fascinating decision of English law. Key excerpts (no substitute for reading full decision) caselaw.findlaw.com/court/us-11th-…

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An interesting aspect of both Toth and Schwarzbaum is that the funds in their respective foreign accounts were inherited or gifted from a parent. Two things come to mind: 1. This was clearly NOT money that while being accumulated was "US taxable" 2. Issue of foreign gifts?
Read 4 tweets
May 8
Biden 2025 Green Book contains proposals exacerbating impact of US @citizenshiptax on #Americansabroad by creating @doubletaxation. Do NOT be fooled by references to "High Income" and "Wealthy". Reform of "taxation of capital income" = trouble for all! home.treasury.gov/system/files/1…
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The 2025 Green Book repeats proposals in 2024, 2023 and 2022. For "some" of the impacts on #Americansabroad see this 2022 post from @VLJeker us-tax.org/2022/04/21/par…

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Notice also the extension of and raising the NIIT #Americanabroad with small businesses (including local businsess of #expats. Clear @doubletaxation bc the NIIT (generally) cannot be used as a credit against US taxes. home.treasury.gov/system/files/1…
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Read 7 tweets
Apr 29
This will be interesting. The larger issue is how the meaning of the treaty is to be determined and whether the US Treasury is the one to determine that meaning. But, it’s clear that USA has declared war on French residents afflicted/disabled by U.S. citizenship.
USA is arguing that US/France tax treaty should be interpreted to REQUIRE @doubletaxation if France dares to tax investment income sourced in France and received by US citizens (property) resident in France. Treaty #savingclause used to create #doubletax and not avoid it.
The US gov’s brief is mind blowing claiming (inter Alia) that to allow an FTC on French source income would (because of the FEIE which doesn’t apply to invest income) give #expats a double benefit. taxnotes.com/research/feder…
Read 7 tweets
Apr 19
Congratulations to @MonteSilver1 and @GOPIsrael - the #GILTI lawsuit remains alive!! news.bloombergtax.com/daily-tax-repo…
The oral argument in Monte Silver v. IRS (definitely worth listening to) is here ... courtlistener.com/audio/89880/mo…
In the April 19/24 decision in @MonteSilver1 v The IRS the USCA remanded the case to the District Court to reconsider the applicability of the South Carolina v Regen case. Full decision is here ... taxnotes.com/research/feder…
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Read 5 tweets
Mar 9
Interesting analysis from @DanNeidle. Example of the use of procedural rules to avoid analyzing what the #FATCA IGAs are really about (especially in application to UK residents). Should the UK really allow the US, to claim UK residents as US taxpayers? taxpolicy.org.uk/2024/03/08/sec…
@DanNeidle Par 5 of ruling Judge makes factual mistakes: 1. #FATCA IGAs are NOT US "treaties". 2. US tax authorities do NOT transfer information on "US citizens resident in the UK". Transfer is on individuals RESIDENT in UK (not citizens) who hold accounts in US!. assets.caselaw.nationalarchives.gov.uk/ewhc/kb/2024/5…
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Par. 4 includes acknowledgement that #FATCA IGAs apply to accounts held by UK RESIDENTS who are US citizens. IGAs do NOT apply to US residents who are UK citizens. Hence, US receives UK account info about people who live in UK and do NOT live in the US! assets.caselaw.nationalarchives.gov.uk/ewhc/kb/2024/5…
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Read 5 tweets

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