This is the fifth of a series of posts focussing on the need to end US citizenship-based taxation (practised only by the USA) and move to a form of pure residence-based taxation (practised by the rest of the world). The first post was titled “Toward A Definition Of Residence-based Taxation For Americans Abroad“. The second post was titled “Toward A Movement For Residence-based Taxation For Americans Abroad“. The third post was “Toward An Explanation For Why Some Americans Abroad Are Complacent About Citizenship Taxation“. The fourth post explains why some Americans Abroad actually OPPOSE changes to citizenship-based taxation. This fifth post in the series is to begin a discussion of what would be the basic changes (to the existing Internal Revenue Code) that would move the United States toward the world standard of pure residency-based taxation.
It’s about “pure residency-based taxation” and not citizenship-based taxation with a “carve out”
I have previously advocated that the United States should move to to a system of pure residence-based taxation. A system of pure residency-based taxation, means that:
The United States imposes a separate and more punitive tax regime on US citizens who live outside the United States than on those who live inside the United States. For those who live permanently outside the United States, the effects are such that they are forced to renounce their US citizenship in order to survive.
To be clear Americans abroad are subject to US taxation. They do pay US taxes.
The discussion of tax reform for Americans abroad is increasing in intensity. Whether through amendments to the Internal Revenue Code or a “Regulatory Fix To Citizenship-based Taxation“, Americans abroad are in desperate need of change. The US tax system as it impacts Americans abroad is forcing renunciations of US citizenship.
The language in the discussion for change reflects a desire (on the part of individuals and organizations) to move from the US system of “citizenship-based taxation” to a system of “residence-based taxation”. Various individuals and groups describe the goal using the language of “residence-based taxation” AKA RBT. It would be a mistake to assume that RBT means the same thing to different people. The purpose of this post is to describe definitions of RBT and and how those definitions may be defined for different individuals or groups.
This blog post features the research of Laura Snyder. It is (I believe) the single and most comprehensive study of (1) the U.S. legislation that is understood to apply to Americans abroad and (2) the disastrous impact this legislation has on them. To put it simply, Congress is forcing Americans Abroad to renounce their U.S. citizenship.
The bottom line is that for Americans Abroad:
“All Roads Lead To Renunciation!”
And now over to Laura Snyder with thanks.
“I Feel Threatened by My Very Identity:”
US Taxation and FATCA Survey
In autumn 2018 I worked with a France-based association of Americans living overseas to organize an online survey addressing the topics of FATCA and US taxation. The survey was open for participation for a period of about six weeks, from late September to early November. The survey was conducted using the open source software LimeSurvey.
Approach and Methodology
US Passport application links Citizenship (State Dept) to Taxation (Treasury) to enforce “Taxation based Citizenship
The logical progression continues …
I just got off the phone with someone who has just received a letter from the IRS stating that:
1. He had a “seriously delinquent” tax debt; and
2. That notice of the “seriously delinquent” tax debt was being forwarded to the State Department.
(In 2016 I did a presentation on this topic just a few months after the law came into force. You may view the presentation here.) Read More
The possible use of the Canada U.S. tax treaty to defeat the “transition tax”
Beginning with the conclusion (for those who don’t want to read the post)
For the reasons given in this post, I believe that there are grounds to argue that the imposition of the Sec. 965 “transition tax” on Canadian resident/citizens DOES violate the Canada U.S. tax treaty. It is my hope that this post will generate some badly needed discussion on this issue. Read More
Are You An American For Tax Purposes?
The U.S. law has different classifications of who and what is considered to be an American(officially, a U.S. person) for tax purposes and it’s important to check if you fall into any of the categories below, hence obliged to report your worldwide income to Uncle Sam.
The Official Term Is “United States Person” And It Includes:
1. A U.S. citizen by birth:
- You were born in the United States
- You were born outside of the United States with at least 1 parent who is a U.S. citizen*
2. A resident alien of the United States if you meet one of the two tests:
- A Green Card test
- The substantial presence test for the calendar year
I wish to address a serious injustice that the United States government is perpetrating against millions of innocent law-abiding citizens and residents of countries around the world. Through the Foreign Account Tax Compliance Act (“FATCA”), the United States of America is violating the international human rights of persons who possess some degree of (often distant) US origin.
All of you and I share one thing in common: we were born in the USA. However, I was born to a Canadian father, who brought my family back to Canada when I was an infant. I am therefore a Canadian citizen from birth (“born abroad”) and I have lived essentially my entire life in Canada, only as a Canadian. I have never lived as an adult, studied, worked or earned income in the US.
Congressional Tax Reform has the opportunity to end the U.S. practice of imposing direct taxation on people who live in other countries. The majority of Americans are totally unaware of the issues surrounding Americans abroad. People are shocked to hear these stories. TaxConnections will continue to bring you these important stories of taxpayers around the world.
Good morning and thank you for the opportunity to speak with you today. My name is Marilyn Ginsburg. I will be 70 years old next month and I renounced my U.S. citizenship, with great regret, in my 69th year.
I was born in St. Louis, grew up in Denver, and moved to Canada when I was 26 years old. My husband and I left the United States in June, 1971, a month after we had both finished graduate school, I with a law degree and my husband with a PhD. in American history.We both obtained jobs teaching in our fields at a Canadian University. We assumed we would stay in Canada for a few interesting years, living in another country, and then return to hearth and home. One thing led to another and this never happened, and we have now lived in Canada for 44 years.