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TAXES

OPINION: Unfair tax policies for Americans abroad must change

Americans living in Europe face myriad tax and financial complications due to the US policy of citizenship-based taxation. Brandon Mitchener, executive director of the campaign group Tax Fairness for Americans Abroad, explains why the system needs to change.

OPINION: Unfair tax policies for Americans abroad must change
The replica Statue of Liberty with the Eiffel Tower in the background, in Paris - symbol of the long ties between France and the USA. Photo by Miguel MEDINA / AFP

Imagine being financially penalised simply because you chose to live your life abroad. Unable to open a bank account or save for retirement. Exposed to draconian penalties for not telling Uncle Sam about all your “foreign” (ie local) financial accounts. Having to declare income to a country in which you do not live. This is the harsh reality for millions of American citizens who face outdated and discriminatory tax policies.

As certain provisions of the 2017 US tax reform legislation near their expiration, the time has arrived to correct this injustice.

A new global campaign, Tax Fairness for Americans Abroad (TFFAA), is dedicated to ending the unfair treatment of US citizens abroad. Our mission is clear: replace the antiquated Citizenship-Based Taxation (CBT) with Residence-Based Taxation (RBT), a system adopted by almost every other country in the world.

TFFAA speaks for an estimated 9 million Americans living outside the US, many of whom have lived abroad for years or even permanently. Our organisation is non-partisan and supports both ordinary Americans and “accidental” Americans – those born in the US or to American parents but who have lived most of their lives abroad. TFFAA is a new organisation, and our board includes well-known figures from the expatriate American community.

READ ALSO How to renounce US citizenship – and why you might want to

TFFAA aims to collect and share expatriate Americans’ experiences with CBT and lobby for changes in US laws and regulations. We will call on Congress and the US Treasury to ensure Americans abroad are treated fairly and not as second-class citizens simply because they live outside the US.

Contrary to popular belief, the majority of the estimated 9 million Americans living abroad are ordinary citizens, neither richer nor poorer on average than those in the US. They move abroad for various reasons, such as studying, working, love, or retirement. Many were born or grew up abroad and may not even speak English.

The tax and financial discrimination against Americans abroad stems from the 19th Century CBT policy of taxing Americans on their worldwide income, even if they already pay taxes in their country of residence.

This policy is complex and burdensome, requiring expatriates to navigate both US tax laws and those of their host country, often resulting in high compliance costs and the need for expensive professional tax advice, typically for little or no US tax liability.

Furthermore, non-US financial institutions often discriminate against Americans due to unique compliance requirements imposed by laws such as the Foreign Account Tax Compliance Act (FATCA) and the Report of Foreign Bank and Financial Accounts (FBAR).

READ ALSO Why Americans are finding it more difficult to open bank accounts in France

These laws demand excessive and tedious reporting, coupled with harsh penalties for non-compliance, which should not apply to accounts in expatriates’ countries of residence. For long-term American residents abroad, even US bank and savings accounts are considered “foreign” financial accounts.

In light of the impending tax reform debates expected in 2025, TFFAA has hired Brownstein Hyatt Farber Schreck, one of Washington’s largest lobbying firms, to maximise our chances of success. This partnership will enable TFFAA to formalise legislative proposals and identify key policymakers to support these crucial policy changes. Our approach will be tailored and adapt to the evolving political landscape and policy frameworks.

It is time to reform the US tax system to reflect the realities of a globalised world and ensure that all Americans, regardless of where they live, are treated with fairness and respect.

If you would like to find out more, or would like to make a financial contribution to TFFAA’s work, head to the group’s website at www.taxfairnessabroad.org

You can also share your views (on this or any other topic) with the US government via this White House survey for Americans abroad

Member comments

  1. It’s not that hard, or that tedious. And the US provides credit for the foreign tax paid.
    It’s really not that hard. Americans who don’t like filing US taxes can always rescind their US citizenship.
    And then, as Andrew Henderson says, “go where you are treated best” (watch the Nomad Capitalist to learn more).

  2. I renounced years ago to be able to avoid US taxation without representation. It was awful and I’m so glad it’s over.

  3. The US forms are clear, concise, and easy to complete. No need to pay anyone to do it for you. The Franco/American tax treaty provides very favourable terms for US citizens in France with US pensions and investment income fully exempt from French taxation. No need to change it at all.

  4. I agree with Jack. You have the freedom to choose where you live. You are paying for the privilege. Decide where you live and follow the rules.

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For members

AMERICANS IN SWEDEN

Americans in Sweden: How to vote from abroad in the US presidential election

As the 2024 presidential election draws near, here is everything Americans in Sweden need to know about voting from overseas.

Americans in Sweden: How to vote from abroad in the US presidential election

Unlike some countries, the US does not limit voting to people who live there – all adult US citizens can vote, no matter how long they have lived outside the country (excluding those who have had their voting rights suspended after committing a crime).

The Presidential Election is not until Tuesday, November 5th, but it is best to get a head start on your absentee ballot as early as possible.

It takes time to register, request and receive your mailed ballot, as well as time to send your ballot back to the US.

How do I vote?

This will depend on your state – and in this case “your” state would be the place where you last lived in the United States (even if you no longer have any connections there, such as property or family).

Broadly, you will need to be registered to vote and you will need to request an overseas absentee ballot to participate in the 2024 election.

If you have never lived in the US, then you’ll want to start by finding out if you are eligible to get an absentee ballot and which state you should get one from.

For those who have lived in the US, homepage for the Federal Voting Assistance Program (FVAP) has a dropdown menu where you can select your state to get specific information. 

SPONSORED: The US is about to vote, have you made sure that you can vote in this election?

Unfortunately, each state’s rules and processes are slightly different, but the good news is that there are plenty of groups – both partisan and nonpartisan – that offer help to Americans abroad in getting registered.

One such organisation is the US Vote Foundation, which is a nonpartisan nonprofit that “together with our Overseas Vote and US.VOTE initiatives, is dedicated to bringing best-in-class voter services to millions of American voters”.

To start the process of registering and requesting your ballot, you can click here and follow the instructions, or you can find the dedicated page from your state.

There are also services offered from partisan groups like Democrats Abroad and Republicans Overseas which provide information and in some cases in-person help with getting registered to vote.

How far in advance should I request a ballot?

This will depend on your state and how absentee ballots are done, but the earlier the better.

The US Vote Foundation website offers specific information for voting requirements for each state – for example you can see the deadlines, eligibility requirements, as well as other helpful tools including checking whether you are already registered to vote.

You can see an example for the state of Maryland below, which shows that voter registration must be completed by October 15th, and requests for postal ballots must be received by Tuesday, October 29th, while email and online ballots must be requested by November 1st.

Maryland also requires that absentee ballots be postmarked on or before Election Day (November 5th) and received by Friday, November 15th.

Credit: US Vote Foundation

As the dates differ state-to-state, be sure to check your state’s rules and abide by them. There can be delays with sending and receiving ballots, so give yourself more than enough time.

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