One of
Facebook's founders is giving up his US citizenship.
Not surprising - after what we have gone through with my American husband.
Any American moving
out of the country to live
anywhere else on the planet is in for a rude surprise.
If you are a holder of an American citizenship or have
one parent that is USA born ("Accidental" citizens) or are a Green Card holder living outside the country you are doomed to file your 1040s and FBAR plus other documents for the rest of your life -
even if you don't go back to the USA - ever.
The tax breaks that are available in another country don't exempt you from paying the taxes in the USA. You may even be
double taxed on some income - by the home country
and the USA.
Any lottery ticket I may buy (which isn't often) I tell my husband -
his name doesn't go on it. Lottery winnings - any winnings - are
not taxable in Canada, yet, because he is an American - he would be subject to USA tax if his name were attached to
any winnings.
Already he has closed down his Retirement savings and Tax Free Savings account. Plus, any money he makes is removed out of his account and put into mine to prevent the FBAR trigger.
Hey! Don't judge me!
He
does get a credit card on which he can charge
anything his heart desires! He is
very spoiled!
Understandably, my husband is upset at his home country because of this liability - and how it strips him of the pride of ownership and the opportunity to save for his own retirement.
After shopping around for an accountant to sort out the cross-border tax mess that is my husband's, I finally found H&R block would do the last 4 years of taxes (and 6 years of FBARs which I basically did myself and just gave them to check over) for only $1500, which doesn't include what we already paid for our Canadian taxes!
(It was going to cost over $5K minimum with a regular Accounting company)
If I could have
understood the complicated forms, I would have done them myself since I am quite capable of filling out my own Canadian tax forms (however, I do get a local accountant to do it).
My dual citizen nephew who just moved here last year from the USA (
born in the USA - Canadian mom/American dad), will be stuck with a huge bill
every year, and as a poor newly-graduated student - he
can't afford to hire someone to prepare his US taxes as required by law.
He isn't stupid.
He has a University degree (math major - masters level) and is
very intelligent and yet
he struggled for a month with the US tax forms until finally, I decided to shell out the $500 he couldn't afford for having H&R Block file his taxes this year. (he claims he should be able to copy it for next year, good luck!)
So, I can see
why one would want to give up their US Citizenship.
My husband would do it
in a minute if it would at all help him.
However: It's not that easy to give up your citizenship if you don't happen to have a high-priced lawyer in your back pocket.
-If you are suspected of giving up your citizenship for tax evasion purposes - they will deny your application.
-If you are allowed to give up your US citizenship - you are still liable for past years filing and for another 10 years anyway - just so the IRS can keep an eye on you just in case the above is true.
Mexican citizens coming
across the border to have their babies have no idea what a complicated tax mess they are setting their children up for.
There are a lot of these "Americans" living south of the US border that are now subject to US taxes - and with the present IRS - they will now be held liable to pay - even on their Mexican income.
Parents are
held responsible for filing on behalf of their US-born children whether there is any income or not. If they don't - the penalties are severe ($10K per year !) - and border guards are now starting to ask questions on behalf of the IRS/Treasury. In recent years,
the US government is beginning to agressively pursue these individuals.
 |
What's so scary about an anchor baby?
THE US TAX OBLIGATION!! |
Someone should tell them - in the long run,
it isn't worth it.*
I am just thankful everything is finally filed, and it's all behind us
......until next year!
_____________________________________________________
* -a USA citizen (accidental, reluctant & naturalized - whatever) has to pay Inheritance taxes on any money inherited, even from foreign parents outside USA - even if you no longer live in the USA (or have NEVER lived in the USA) and don't intend on going back.
-Spouses who are not US Citizens face a discriminatory set of rules for US purposes - if "giving" their partner any gift -
taxes must be paid (so much for that new mercedes as a gift!).
-Retirement planning is
impossibly taxed. USA doesn't recognize a lot of the pensions that belong to other countries and will tax this....causing double taxation in some cases.
-If you DON'T file, you are still
liable years later for taxes due. The time clock for the statute of limiations only start once forms are filed. Non-filing penalty is $10K per year and up.
-If you get lucky and find wealth over $10K - this now triggers an obligation to declare ALL your bank accounts details to the Treasury (filing the FBAR).
Penalties are severe. If you KNOW you should file and don't - it's 5 years in prison and the
greater of $100,000 or 50% of the total balance of the account at the time of violation. If you DON'T KNOW you should have filed and plead ignorance - you get a little break -
only $10K fine per violation. (hopefully you can convince the Treasury of a reasonable cause for not filing - for example: you don't have an education )
-Completely severing ties doesn't eliminate your obligation. You
still have to file. Because of the long lineups of people now wanting to relinquish their US citizenship - the wait list can be several months long.
-NON AMERICANS with Greencards: If you retain your Greencard after moving out of the USA - unless you file a form 8854 - you will STILL be liable to pay taxes.
(I didn't even have a greencard when working in the USA - I had a temporary yearly permit - and I was sent a bill of $25K 5 years after moving back to Canada!!!!! I wrote the IRS a letter and haven't heard back, but still not sure if they think I owe them!)
-Tax laws are complicated - you WILL need an expensive professional experienced in cross-border tax laws to not only interpret but to file any and all forms. You may also require an attorney.
-Don't think that living outside the USA will allow you to avoid collection of taxes or fines. The USA will file in their own courts and apply for application in another country in order to collect.
- You may be considered a "US PERSON" and be required to file taxes/FBAR if you are NOT a citizen but reside (aka vacation) in the USA for more than
180 days or more even if you are a citizen and file and pay taxes elsewhere (this has implications for vacationing Snowbirds). It's 30 days, if you don't have any clear tax home base. With the recent "sharing of border data" laws, it's easy for the USA to determine your coming and going if you are from Canada.
- If you file your taxes in another country, then file in the USA - you are liable to pay taxes if deemed by the USA. However, if you are shown to be "owed" in the USA upon filing - you won't be gettiing any refunds! It only works out to the benefit of the IRS...not a two-way street!
If you are interested, you can re
ad about the atrocities of the American tax/FBAR laws here. (written by American Citizens Abroad = ACA)