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Taxation in the United States


Immigration Articles  >>  Living in the United States  >>  Taxation in the United States
Legal Disclaimer
US TaxPaying taxes are not something Americans look forward to. Taxes are pretty much encountered on a daily basis. When something is purchased or service provided there is usually a tax with the exception of few goods. Sometimes even bills show some type of tax at the end of the statement. Paychecks have many deductions including income taxes. Money invested that yields returns also have taxes. Those owning property also have to pay taxes. Then there are the annual taxes that may need to be filed. Rarely does the tax rate drop and if it does it may not be significant. Paying taxes is part of the American lifestyle. Those trying to evade paying taxes, for example income taxes, may face charges and possibly even jail time. For those living in the United States paying taxes is basically a requirement. But what happens when American citizens leave the United States for an extended period of time or even leave the country permanently? For the most part, in most major countries when a citizen leaves they are not required to pay taxes on capital gains and income in their homeland. Being away for an extended period of time from their homeland or even giving up citizenship “frees” them from the requirement of having to pay taxes on capital gains and income. Not so in the United States where U.S. citizens and long-term residents are governed by different tax laws. This also applies to individuals who became American citizens by “accident.” Their parents were not U.S. citizens and the child just happened to be born in the U.S. yet the U.S. citizen child did not ever return to live in the United States later on in life. Additional people affected by this tax law are non-U.S. citizens who have lived in the U.S. for a period of eight years out of a fifteen year period.

It does not matter where an American citizen lives in the world they are still subject to U.S. federal taxes. How long they have been away from the United States is not important because according to the U.S. government they may still have tax obligations. There are some options to those who are subject to American tax laws but no longer reside in the country. However some may consider these options extreme and it may not completely rid them of their tax responsibilities. One option is to renounce their American citizenship and passport which can be done by obtaining another country’s passport. One passport ends up being swapped for another which may not be a big deal for some but for others it is a big deal. Especially when taking into consideration how others in foreign countries usually do not have to give up citizenship and their passport to be granted tax exemptions in their homeland. Supposing an individual gives up their long-term U.S. residence or U.S. citizenship there is still a catch. If the individual’s average income tax liability surpasses $136,000 five years after expatriating or if net worth is greater than $2 million, then the expatriate is still subject to an alternative tax. The tax applies for a period of ten years and the taxation rate is similar to that paid by Americans. It is important to note that the tax policy mainly applies to income from U.S. sources. Due to this final requirement many expatriates are able to avoid paying American taxes by making sure their income comes from a non-U.S. source. However for some this may not be possible and they will have no choice but to pay U.S. taxes.

There are limited ways of escaping taxes while living in the United States and outside of it as an American citizen or expatriate. Tax revenue is important to a country due to the substantial amount that can be generated. Congress would like to introduce an exit tax on long-term residents and former U.S. citizens. Under the proposed bill these individuals would still be subjected to the U.S. tax system as previously mentioned. However, the individuals with a worldwide estate greater than US$600,000 would be required to pay an exit tax. Taxes would apply to the unrealized gains of these assets and would have to be paid within 90 days of expatriation. Another part of the bill would affect expatriates with an IRA or similar pension plan. They would be required to pay a 30% withholding tax on unrealized gains. To avoid paying taxes on assets some may opt to give away their assets to family or friends present in the United States. Even though these assets would still be considered gifts or bequests they would be taxed at 30%. If the bill gets signed into law, former U.S. citizens and long-term residents would probably find themselves paying more taxes. They could choose to pay or not to pay their U.S. taxes but not doing so would be detrimental. Deferring taxes by posting a bond with the U.S. Treasury can be just as bad as not paying the taxes owed. As a result, the U.S. government may not allow the expatriate to return to the United States on a permanent basis. The U.S. would essentially become off limits even for visiting purposes.



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