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Some Expatriates Cannot Reduce Taxes Without Renouncing American Citizenship

By Celina Heath


The vast majority of green card holders, expatriates and dual citizens can find ways to reduce taxes without renouncing American citizenship and permanent resident status. But for a rising number of people, renouncement has become the superior option. New legal changes have additionally burdened the reporting requirements for these affected individuals.

A new change in tax rules has made people more willing to giving up their nationality and immigration ties to America. It has not been any easy decision with time consuming paperwork and a psychological feeling of loss. Yet, since 2010 there has been a spike in the number renouncing their nationality.

Concerns about tax evasion in a climate of financial stress have made the government more stringent about foreign income sources. In 2010, the Foreign Accounts Tax Compliance Act was passed. This appears to have triggered the recent change in commitments. This is despite the fact America is the only industrialized country that taxes overseas income. Taxes are required to be paid even there is no plan to return to America and taxed persons have not been beneficiaries of any services and benefits.

Under the new law, financial institutions in other countries have to report to the IRS when financial accounts are held by US persons. Green card holders are also affected. Americans, and green card holders, who have to already pay double taxation, are increasingly reevaluating their ties. Since the number is still relatively small, the government is not overly concerned about the reaction.

The new law has increased administrative requirements. Not surprisingly financial organizations have preferred to ostracize these individuals. Spouses who are foreign nationals have voiced their dislike of sharing personal information. Although a certain amount of foreign income is not taxable, earnings in expensive countries typically surpass this sum. This taxation is in addition to the weighty requirements of the place of residence.

There are severe penalties for noncompliance. The risk is high as the rules are multi-layered and complex. Numerous factors have to be considered. For example, an expatriating person with a net worth of 3 million USD or above, or a certain liability in the preceding 5 years, is regarded as a covered expatriate. This person must pay an Exit Tax. The required payment will include unrealized gains on worldwide assets and assumes assets are sold on the day prior to expatriation.

Pension and deferred compensation payments in future will also be subject to a withholding rate of 30 percent. If covered individuals give any assets or gifts to U. S. Individuals, they will be taxed. This rate will be the equivalent of the highest rate for a gift or bequest at the time it was transferred. The present rate is forty five percent. Anyone so affected may consider it too heavy a punishment.

Additionally, the IRS is to be notified and detailed information may be required. Expatriates must say under penalty of perjury that all their US liabilities for the 5 years prior to the year of expatriation are satisfied. The agency is likely to demand the evidence of such a claim. Should the conditions not be met, expatriates will be regarded as covered expatriates. Advanced planning could help reduce the payment required required. Good planning may even help expats avoid this status. It is not surprising these hurdles have made the majority prefer alternatives that reduce taxes without renouncing American citizenship or permanent residence status.




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