PREP Podcaster - ”Success Favours The PREPared Mind”
News:News Commentary
April 1, 2024 - Participants include:
Dr. Karen Alpert - @FixTheTaxTreaty
John Richardson - @ExpatriationLaw
____________________________________________
Understanding what citizenship taxation really is ...
Like the optical illusion where some people see an old woman and others see a young woman, citizenship taxation is viewed by different people in different ways.
Some people (tax academics, politicians and many tax professionals) view citizenship taxation as simply the US taxing its nonresident citizens with no consciousness of the reality that those citizens live in and are taxed by other countries.
Others (individuals who are actually subjected to citizenship taxation) view it as the U.S. imposing taxes, forms and penalties on the residents of other countries.
Because of these two different perceptions, it is difficult to have a helpful discussion about citizenship taxation.
U.S. Citizenship Taxation
The U.S. is currently the only major country that treats all its citizens as tax residents. There has often been speculation as to what would happen if other major countries employed citizenship taxation. Because countries already tax based on residence and source, citizenship taxation would have practical meaning ONLY for a country’s nonresident citizens. This is because “citizenship taxation” would create dual “tax residency” for the nonresident citizens of a country.
Generally, treaties allow dual tax residents to use a treaty to become a tax resident of ONLY one country. The exception is when a treaty includes a “saving clause”. A “saving clause” is when a treaty allows a country to tax its citizens (whether resident or nonresident) without regard to the treaty. In this way the “saving clause” prevents an individual with “dual tax residency” from using the treaty to become a treaty tax resident of ONLY one country. Practically speaking, the “saving clause,” by denying individuals the opportunity for “dual tax residents” to become tax residents of only one country, allows the country with the “saving clause” to impose worldwide taxation on the tax residents of another country!
The effect of Country A (the United States) including a “saving clause” in its tax treaty with other country B means that U.S. citizens are always “dual tax residents” because the "saving clause" prevents them from becoming treaty nonresidents..
Therefore, because dual tax residency cannot be prevented by treaty, the treaty allows for:
Country A (the United States) to impose “worldwide taxation” on the tax residents of country B on non-US source income.
Notice 2023-11: A Significant Escalation of FATCA Enforcement On Foreign Banks and Americans Abroad
There Are Two Kinds Of People Who Need A Second Citizenship: The Rich And The Poor
Financial Planning For Americans Abroad In Israel with Aaron Katsman
Ms. Molyneux Meets Mr. FBAR On Fifth Avenue In New York
What If You Want To Plan For Your Financial Future, But Simply Don’t Know Where To Begin?
US Croatia Proposed Tax Treaty Gives The US Taxing Rights Over Renounced US Citizens
About Loss OF Identity: What The Dodge Stratus Teaches US About Renouncing US Citizenship
Coach Coutts: Why Growing Up With A Sister Is Important PREParation For Life
Cross-posted from ”JohnAlanPod”: The American Way? U.S. Emigrants and Taxation part 2 - episode 198
The Decline Of The British Pound And Phantom Capital Gains For Americans In The UK
Update With Craig Swartz - Former Democrat Candidate For Ohio 5 - The Movement Continues
To Renounce Or Not To Renounce - What Are The Benefits Of Remaining a US Citizen?
Oral Arguments In Rost v. United States - Before United States Court of Appeals, Fifth Circuit - July 6, 2022
JohnAlanPod: Taxing Americans Who Live Overseas: UNFAIR? - ep.194 with my guests Keith Redmond and John Richardson
Supreme Court FBAR Hearing November 2, 2022: ALEXANDRU BITTNER, Petitioner, v. No. 21-1195 UNITED STATES, Respondent
The Supreme Court And Mr. FBAR - Should The Non-willful Penalty Be Limited To The Form? - Discussion with @JimmySextonLLM
Mr. FBAR Makes A Visit To The Supreme Court Of The United States - The Bittner Case - Discussion With Virginia La Torre Jeker
Former US Expat And Ohio Congressional Candidate Explains Why He Supports Residence Based Taxation
For Good And Evil: The Teaching Of Charles Adams Lesson 27 - Heavy Taxation Results In Decline
Why US Citizenship Tax And FATCA Hurt Resident Americans (Even Though They Don’t Know It)
Create your
podcast in
minutes
It is Free
The Tucker Carlson Show
The Matt Walsh Show
The Glenn Beck Program
Mark Levin Podcast
The Michael Knowles Show