Friday, August 23, 2013

Some Expatriates Cannot Reduce Taxes Without Renouncing American Citizenship

By Celina Heath


Most people find a way to reduce taxes without renouncing American citizenship or their permanent residence ties. But for a rising number of people, severing ties has become the more rational choice. New onerous U. S. Law changes have forced their hand.

A recent change in tax requirements has caused a spike in Americans giving up their nationality and residence status. This difficult decision has been undertaken despite the onerous paperwork required and the psychological pain of the decision. It has been noticed that in 2010 the number of individuals renouncing nationality was eight times higher than the number in 2008.

America is the only one among industrialized countries taxing overseas earnings. Concerned about tax evasion the federal government has become stricter about foreign income. The Foreign Accounts Tax Compliance Act passed in 2010 has proved especially irksome. The rise in people willing to give up their nationality followed its introduction. This was the final straw for Americans who have not benefited from any services. Yet, they have continued to pay taxes even if they do not plan to return to the country.

Financial organizations are now required under FATCA to report US foreign account holders to the Internal Revenue Service. Green Card holders are also included in its coverage. This increased intrusiveness has led affected persons to reevaluate their ties with the country. So far, the number is not substantial and the government is not moved to reevaluate or alter the policy.

Certainly this law increases the administrative burden. Unsurprisingly financial institutions abroad have elected to reject the affected individuals. Foreign national spouses are unwilling to share their own private information for a country not their own. While 97,000 dollars of earnings can be excluded from taxes, earnings in costly nations exceed this amount. Taxation burden from America is on top of a heavy burden imposed by the country of habitation.

There are severe consequences for failure to comply. Unfortunately these rules are also complex. A number of factors need to be taken into account. For instance, if the person expatriating has a net worth of 3 million dollars or more, or a certain average liability in the preceding five years, this individual will be treated as a covered expatriate. This means an Exit Tax must be paid. This payment will encompass any unrealized gain on all worldwide assets assuming the assets were sold on the day preceding the 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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