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
Sixth, marriage and the @USCitizenAbroad. Although an attempt to make light of a tragic situation see recent @IRS_Medic video ...
My point is simple:
It is US @citizenshiptax that causes the @doubletaxation of #Americansabroad and all of the problems detailed in 1 - 6 above.
Only a complete severance of US citizenship from US @taxresidency can solve all these problems for all people, all the time and under all circumstances.
This solution is called "Residence-based taxation" and is the international standard!
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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
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.
Principle 2 - understanding what the #endingdoubletaxation of #Americansabroad means:
Q. Why would non-resident U.S. citizens (AKA #Americansabroad) be subject to @doubletaxation by the U.S. and their country of residence?
A. Because due to US @citizenshiptax they have @taxresidency in both the US and their country of residence. This means they may be subject to taxation by both countries on the same income. To put it simply, US citizens - living outside the US - are ALWAYS subject to @doubletaxation on non-US source income.
US #citizenshiptax is the primary cause of the @doubletaxation of #Americansabroad.
There is a difference between #Americansabroad being "subject to @doubletaxation because of US @citizenshiptax and actual #doubletaxation.
For double taxation to exist both countries must subject the same income to taxation. If the same income is NOT subject to tax in both countries there is no double taxation, but there may be taxation based on US citizenship. For example, US citizens living in Canada are US taxable on the cap gain on sale of primary residence. But Canada does not tax this gain. Hence, no double taxation.
Often for @USCitizenAbroad the same non-US source income will be subject to taxation in both the US and the country of residence. In many of these cases the actual PAYMENT of double tax is avoided by the US tax owing to be offset by the non-US tax paid. That is, the foreign tax actually paid is used to (in effect) pay the US tax owing. This is what is called a foreign tax credit. FTCs do NOT prevent @doubletaxtion caused by @citizenshiptax. They relieve the effects of #doubletaxation.
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).
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-…
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?