A nonprofit group representing the interests of U.S. citizens living overseas met with congressional staffers to push for a residence-based taxation system.
The group, American Citizens Abroad, met with Democratic and Republican staff members of the main tax-writing committees in Congress, the Senate Finance Committee and the House Ways and Means Committee, along with the Joint Committee on Taxation. The ACA’s new proposal advocates residence-based taxation instead of the present system of citizenship-based taxation, along with other reforms aimed at increasing America’s global competitiveness.
“There is already a strong movement in Congress to shift corporate taxation from worldwide to residence-based taxation in order to level the playing field for U.S. companies competing in the world economy,” said ACA director Jackie Bugnion in a statement. “Following the same logic, I met with Members of Congress to convince them that the U.S. should make this move for individuals as well, to allow Americans to compete on that same level playing field.”
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Other proposals from the group include eliminating the cap on the foreign earned income exclusion to return the law to the situation prior to 1962. The group argues that eliminating the cap would allow Americans to seek employment opportunities throughout the world, particularly in high-growth developing economies.
It also advocates allowing overseas residents the right to use the currency of their residence as their functional currency instead of the U.S. dollar, and to allow foreign net wealth taxes to be creditable against U.S. taxes.
“ACA will be systematically contacting all Congressional offices on the Senate Finance and House Ways and Means Committee to get issues concerning Americans residing overseas included in legislation on fundamental tax reform,” said ACA executive director Marylouise Serrato. “Changing to residence-based taxation would be good for Americans overseas, but also good for the entire U.S. economy.”
The group has also been pushing for repeal of the Foreign Account Tax Compliance Act, which was included in the HIRE Act of 2010. FATCA imposes extensive reporting requirements on banks worldwide on the holdings of U.S. citizens. The final regulations have still not been issued by the IRS, although the IRS and the Treasury Department have proposed to soften and phase in some of the requirements (see IRS and Treasury Propose New FATCA Rules).
IRS Commissioner Doug Shulman defended the IRS’s approach to FATCA compliance in a speech last week before the Financial Accounting Foundation in New York “As we devised the regulations which would enumerate the details of the implementation, we tried very hard to listen to those concerns. I met with CEOs and CFOs of foreign financial institutions on multiple occasions,” he said. “After nearly two years of back and forth, last week we put out detailed regulations for implementation of FATCA—with the goal of achieving the policy goals of the legislation by focusing on the accounts with the highest risk of non-compliance, and trying to minimize burden. For instance, we piggy-backed on know-your-customer rules for most of the due diligence that needs to be performed on existing accounts, delayed difficult withholding provisions for a minimum of five years while implementing the core withholding provisions sooner, and allowed global financial institutions to avoid withholding even if all their affiliates could not meet the strict requirements of participation from day one.”
Shulman added that while the IRS runs the risk of criticism whenever it uses its administrative authority, the IRS needs to listen to affected stakeholders and refine its policies over time as it learns more. “My colleagues and I have an obligation to call it as we see it and make the best principled decision based on the information available,” he said. “So while not everyone will always agree with our decisions, our job is to implement the statute with an eye towards the best policy. In this case, we tried to maximize offshore tax compliance, while minimizing burden on market participants. And a transparent, open process led us to a better ultimate product.”
However, banks overseas are already closing legitimate bank accounts of American living abroad in order to avoid the potential penalties of this onerous and complicated legislation, the ACA pointed out. “It is impossible for Americans living and working overseas to survive without normal banking relationships, and fewer Americans overseas means less U.S. exports and fewer American jobs,” said the group.






1 Comment
Michael
Balanced, and thanks for drawing this to the attention to a wider audience.
There is a reason that all States in America practice a territorial taxation system, and that 192 countries around the world do to. It works. When you think about it, the basis for a Citizenship Taxation model, unique in the world is totally indefensible morally, and contra productive practically speaking. To assert the right to tax a citizen anywhere in the world they live or work, is something I think the American Founders found offensive. When was that? Oh, back in the 1700s.
Regarding FATCA ...When Shulman says. "In this case, we tried to maximize offshore tax compliance, while minimizing burden on market participants."
I wished he would think about trying to minimize the burden on Expats, immigrants new to America, and those that are not the intended targets of the past 3 years crackdown on offshore evasion. FATCA is surely a road to hell paved with one good intention.
I am glad he is listening to the super persons, Corporate Financial institutions, and I can sympathize with their plight. It has to be complex and costly to try to do what FATCA requires. When you think about it, it is a stunning extra-territorial overreach trying to have all Financial Institutions in the world to report to the IRS. That surely will add some element of systemic shock to the financial system, when uncertainty arises about transactions between compliant and non compliant FFIs, which can not be good in this fragile time.
In the meantime he apparently is refusing to consider the plight of normal middle class persons in dealing with the fall out of these misguided programs. We/they are the unintended collateral damage of all of this that have a hard time getting our voices heard due to the scattered nature of the Diaspora and lack of representation.
Further, he is even failing to respond formally to the Tax Advocacy Service Directive (TAD) regarding the misapplication of his Voluntary Disclosure programs with the "Bait and Switch" nature of the rule changes, and the use of maximum penalty threats as the tool of choice to encourage compliance. In this he has turned an entire class of citizens into implied tax cheats without the ability to discern the difference in an easy, fair and administratively simple way. A lot of the recent National Tax Advocate report to Congress deal with these issues, so maybe he will have to respond there.
Thanks again for your continued reporting on these issues, which frankly do not break onto the radar screen of the MSM. Expats, or immigrants don't have a voice at the table, except for ACA which does the best they can, but frankly, have been outgunned for years when it comes to getting favorable consideration of the Expat POV. There is a lot of misunderstanding in Congress about who the expats are (not just rich tax cheats) and the value of a large Expat community who acts as an ambassador for the country and creating Export jobs back home. China gets it, Germany gets it, and so does every other country in the world that has an export led economy. Maybe someday, the US will come to it's senses, you think? Nah, me either, but then hope springs eternal.
Posted by: Just Me | February 22, 2012 7:45 PM
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