Tax Planning

Over the last few weeks, I’ve had close to 30 consultations with Nestmann Group clients. And one of their top concerns is that Barack Obama or some future US president will find a way to confiscate the money in their IRAs or 401(k) plans.

It can... at least when it wants to ensure you're paying your taxes. Even though it goes against one of the hallmarks of the Bill of Rights, which reads:

It's not something you want to think about, but old taxes can come back to haunt you. This is especially true of returns you've never filed. The statute of limitations—that legal egg timer, normally set to three years—never starts to run on unreported activities. And there are cases now of the IRS going back decades, collecting big money—plus penalties and interest—on form-filing failures, accounting errors, and innocent mistakes by unwary people.

While you’d never know it reading recent headlines describing IRS targeting of conservative “Tea Party” type groups, a much larger IRS effort is underway to identify U.S. persons who have failed to disclose reportable and possibly taxable non-U.S. investments.

Now that the U.S. tax season is well under way, tax preparers all over the country are doling out appointments to those that live within our borders. But just what are the tax obligations and tax breaks, for U.S. citizens or green card holders living abroad?

The IRS seems to be putting the infamous FATCA statute into effect two years early. It's already withholding 30% of all U.S. income generated from U.S. securities accounts owned by non-resident aliens (NRA). That's only supposed to begin happening in two years.

A U.S. law with the Orwellian name of the "Bank Secrecy Act" requires U.S. citizens and permanent residents to report interests in, or authority over all foreign accounts with an aggregate value of $10,000 or more...

Earlier this week, I participated in to a teleconference sponsored by the Society of Trust and Estate Practitioners and the International Law section of the American Bar Association. The conference addressed the expanded offshore asset disclosure requirements brought into effect by the Foreign Account Tax Compliance Act (FATCA). (For background on FATCA  see here, here.)

Occasionally, the U.S. Congress discovers to its great surprise that the agency it created to collect revenues for the federal government, the Internal Revenue Service, engages in systematic abuse of taxpayers. In one such moment in 1979, Congress created the Office of the Taxpayer Ombudsman as a taxpayer advocate within the IRS. This office eventually became the Taxpayer Advocate Service (TAS). by authority of first so-called "Taxpayer Bill of Rights" in 1988.

The United States is one of the very few countries, and the only major country, that taxes its citizens, no matter where they live. If you haven't lived in the United States in decades, you must pay tax on your worldwide income as if you never left. Even "accidental" U.S. citizens born overseas with at least one U.S. parent, who never set foot in the United States, must file U.S. tax returns. Beneficiaries of a deceased U.S. citizen living abroad must prepare a U.S. estate tax return and possibly pay estate tax, even if they're non-U.S. citizens who have never lived in the United States.

The United States is one of only two countries, and the only major country, that taxes its citizens, no matter where they live. If you haven’t lived in the United States in decades, you must pay tax on your worldwide income as if you never left. Even “accidental” U.S. citizens born overseas with at least one U.S. parent, who never set foot in the United States, must file U.S. tax returns. These laws affect every one of the more than 6 million U.S. citizens living abroad.

In my last blog entry, I described the latest salvo against offshore financial privacy from the IRS: the requirement to file a tell-all form annually with your tax return detailing “foreign financial assets” with an aggregate value exceeding $50,000.

Back in 2010, President Obama signed the infamous Foreign Account Tax Compliance Act (“FATCA”). Among other provisions, FATCA provides that if you hold a “specified foreign financial asset” (SFFA), you must attach a disclosure statement to your income tax return for each year in which the aggregate value of all such assets exceeds $50,000, or a larger sum as directed by the IRS.

Approximately seven million U.S. citizens live overseas. And while most of them don’t realize it, they’re subject to the same U.S. tax and reporting obligations as any other U.S. citizen.

I just learned Monday that CPA Vernon Jacobs died last Friday after an unsuccessful battle with esophageal cancer.

In March, 2010 President Obama signed the Foreign Account Tax Compliance Act (FATCA) , the largest-ever expansion of offshore disclosure requirements in U.S. history.