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-   -   Saverin expatriation. (https://britishexpats.com/forum/usa-57/saverin-expatriation-758694/)

nun May 18th 2012 11:39 am

Saverin expatriation.
 
One sure fire way to annoy Americans is to relinquish US citizenship. I believe that Saverin will be paying the expatriation tax and will continue to pay any US tax due, but that gets lost in the volume of the outrage. Saverin will also find it much easier to invest his money outside the US as a non-US citizen. I have also considered expatriation, not to avoid paying US tax, but to make my taxes less complicated and to make my financial life easier in the UK.

http://www.nydailynews.com/news/mone...icle-1.1079936

rpjs May 18th 2012 1:12 pm

Re: Saverin expatriation.
 

Originally Posted by nun (Post 10068733)
One sure fire way to annoy Americans is to relinquish US citizenship. I believe that Saverin will be paying the expatriation tax and will continue to pay any US tax due, but that gets lost in the volume of the outrage. Saverin will also find it much easier to invest his money outside the US as a non-US citizen. I have also considered expatriation, not to avoid paying US tax, but to make my taxes less complicated and to make my financial life easier in the UK.

http://www.nydailynews.com/news/mone...icle-1.1079936

I love that our esteemed Senator Schumer has proposed a law to punish the filthy tax-dodger that, er, already exists. Not that that sort of thing has ever discouraged Chuck in the past.

Bob May 18th 2012 1:18 pm

Re: Saverin expatriation.
 
Do wonder in days past, why folks would try to get to the US to reduce their tax bill...

nun May 18th 2012 1:57 pm

Re: Saverin expatriation.
 

Originally Posted by rpjs (Post 10068884)
I love that our esteemed Senator Schumer has proposed a law to punish the filthy tax-dodger that, er, already exists. Not that that sort of thing has ever discouraged Chuck in the past.

There is already a 30% tax on income, gains etc paid to NRAs, but US tax treaties usually modify that, so the Schumer law is undermining US treaty obligations.

The thing is it would only come into force if you are expatriating for "tax reasons". So if you go ahead, expatriate and end up paying the greater 30% tax surely that shows that you did not expatriate for tax reasons.........also the greater 30% tax rate will reduce the capital gains that you'll have to pay in your country of residence as you'll have a greater FTC.

Giantaxe May 18th 2012 2:42 pm

Re: Saverin expatriation.
 
I think this is the perfect riposte to the ever-increasing burden imposed by the IRS by FATCA etc on people who have no intention of trying to avoid their US tax obligations. The outrage is both predictable and hilarious.

scrubbedexpat099 May 18th 2012 3:45 pm

Re: Saverin expatriation.
 
I think it is more to do with the shock horror that somebody would not want to be a USC.

materialcontroller May 18th 2012 4:04 pm

Re: Saverin expatriation.
 

Originally Posted by Boiler (Post 10069158)
I think it is more to do with the shock horror that somebody would not want to be a USC.

Why? The overwhelming majority of people in the world do not want to be USC's either.

scrubbedexpat099 May 18th 2012 4:07 pm

Re: Saverin expatriation.
 
I think most USC's assume otherwise.

nun May 18th 2012 4:39 pm

Re: Saverin expatriation.
 

Originally Posted by Boiler (Post 10069239)
I think most USC's assume otherwise.

Agreed. It's American Exceptionalism and the "shining city on the hill" thing. If you ever challenge those two holy grails Americans become very defensive and then very aggressive. Its not particular to Americans, if you gave up your UK citizenship some in the UK would react in a similar way, but probably not to the same extent.......it's a hyper sensitive subject for the Americans.

sir_eccles May 18th 2012 4:49 pm

Re: Saverin expatriation.
 

Originally Posted by nun (Post 10069314)
Agreed. It's American Exceptionalism and the "shining city on the hill" thing. If you ever challenge those two holy grails Americans become very defensive and then very aggressive. Its not particular to Americans, if you gave up your UK citizenship some in the UK would react in a similar way, but probably not to the same extent.......it's a hyper sensitive subject for the Americans.

It's a similar reaction one sees when the US flag is mistreated in anyway. There are certain people (more than you would normally expect it seems) that take the flag code very seriously.

oxonlad May 18th 2012 6:21 pm

Re: Saverin expatriation.
 

Originally Posted by Boiler (Post 10069239)
I think most USC's assume otherwise.

This forum is filled with people, not from the USA, who feel otherwise. A US Passport still is - and will be for the foreseeable future - the most valuable document you can possess in the world. Period.

kimilseung May 18th 2012 6:28 pm

Re: Saverin expatriation.
 

Originally Posted by moadikum (Post 10069493)
This forum is filled with people, not from the USA, who feel otherwise. A US Passport still is - and will be for the foreseeable future - the most valuable document you can possess in the world. Period.

The $680.00 (or whatever it is now) is more than it is worth to me right now. Full stop.

I think Boiler is right, it is perceived as an insult to America, more important to some than lost tax.

oxonlad May 18th 2012 6:33 pm

Re: Saverin expatriation.
 

Originally Posted by kimilseung (Post 10069502)
The $680.00 (or whatever it is now) is more than it is worth to me right now. Full stop.

I think Boiler is right, it is perceived as an insult to America, more important to some than lost tax.

I fully support Saverin's right to take his money elsewhere - American should not be turned into a financial prison. So I suppose I understand both sides of the coin.

materialcontroller May 18th 2012 6:47 pm

Re: Saverin expatriation.
 

Originally Posted by moadikum (Post 10069493)
This forum is filled with people, not from the USA, who feel otherwise. A US Passport still is - and will be for the foreseeable future - the most valuable document you can possess in the world. Period.

Go on then, I'll bite. What advantages does a US passport have over other, lesser, ones?

robin1234 May 18th 2012 6:59 pm

Re: Saverin expatriation.
 

Originally Posted by materialcontroller (Post 10069542)
Go on then, I'll bite. What advantages does a US passport have over other, lesser, ones?

You are spared the temptation of going to Cuba on vacation?

Giantaxe May 18th 2012 7:00 pm

Re: Saverin expatriation.
 

Originally Posted by materialcontroller (Post 10069542)
Go on then, I'll bite. What advantages does a US passport have over other, lesser, ones?

You have the privilege of getting taxed by the US on your worldwide income regardless of whether you're a resident of the US?

SultanOfSwing May 18th 2012 7:03 pm

Re: Saverin expatriation.
 

Originally Posted by materialcontroller (Post 10069542)
Go on then, I'll bite. What advantages does a US passport have over other, lesser, ones?

I no longer have to give USCIS any more money ...

oxonlad May 18th 2012 7:06 pm

Re: Saverin expatriation.
 

Originally Posted by materialcontroller (Post 10069542)
Go on then, I'll bite. What advantages does a US passport have over other, lesser, ones?

Why don't you ask that question of those on this forum who are looking for one?

robin1234 May 18th 2012 7:07 pm

Re: Saverin expatriation.
 
If you are killed in a US drone strike while abroad, the US government will have to come up with a lame justification, if you are a citizen. Whereas if you are not a citizen, they can ignore it completely?

Giantaxe May 18th 2012 7:08 pm

Re: Saverin expatriation.
 

Originally Posted by moadikum (Post 10069582)
Why don't you ask that question of those on this forum who are looking for one?

Why would you want to limit yourself to that subset?

kimilseung May 18th 2012 7:12 pm

Re: Saverin expatriation.
 

Originally Posted by moadikum (Post 10069582)
Why don't you ask that question of those on this forum who are looking for one?

Can you inform us of who they are?
Not being funny, but off the top of my head I do not remember anyone with the purpose of getting a US passport, I am sure there are examples you can point us to, but most people do the citizenship thing as just the next step and was not an end in itself.

nun May 18th 2012 7:36 pm

Re: Saverin expatriation.
 
I have both US and UK passports.

The US passport is great if you want to live and work in the US, but it is a big disadvantage if you live abroad because of the tax burden and the difficulty of foreign investing as a US citizen. There are still many people who covert US citizenship as they see it as a route to greater freedom and prosperity, but the same could be said of the people coming to the UK, Germany, Australia, Canada etc.

The UK passport is good to have as it lets you live and work in the EU and it does not have the same expatriate tax issues as a US passport.

I would only advise someone to take US citizenship if they intended to live in the US for the rest of their life. If there is any chance that they will live outside the US again I would tell them to avoid US citizenship like the plague.

I intend to retire to the UK and I have spent countless hours researching the associated tax and money issues/problems.

materialcontroller May 18th 2012 9:08 pm

Re: Saverin expatriation.
 
I don't mean to be rude nun. But if you want to avoid the over-arching financial implications and are intending to retire to the UK anyway, surely you could do what this Saverin guy has done and just ditch the US citizenship?

nun May 19th 2012 2:53 am

Re: Saverin expatriation.
 

Originally Posted by materialcontroller (Post 10069776)
I don't mean to be rude nun. But if you want to avoid the over-arching financial implications and are intending to retire to the UK anyway, surely you could do what this Saverin guy has done and just ditch the US citizenship?

Yes I could. But I have many years of SS payments and my retirement money is all in US based funds and keeping US citizenship is a way to protect myself against the sort of stuff that Schumer is proposing. As an NRA with money in the US you leave yourself at the mercy of some pretty veinal politicians. The way the legislation is right now my life would be simpler if I were to give up US-citizenship after I moved back to the UK because as only a UK citizen resident in the UK my US SS and income from US based retirement accounts wouldn't be US taxable. My taxes would probably not be much different because of the tax rates in the UK, but the paperwork burden would be a lot less. But I'll probably deal with the paperwork and the inconvenience as being a US expat abroad is probably safer than being an ex US citizen NRA with money in the US. Honestly I'd rather that I'd just stayed with the Greencard and never taken US citizenship now that I am planning to live in the UK,

Giantaxe May 19th 2012 4:42 am

Re: Saverin expatriation.
 

Originally Posted by nun (Post 10070128)
Yes I could. But I have many years of SS payments and my retirement money is all in US based funds and keeping US citizenship is a way to protect myself against the sort of stuff that Schumer is proposing. As an NRA with money in the US you leave yourself at the mercy of some pretty veinal politicians. The way the legislation is right now my life would be simpler if I were to give up US-citizenship after I moved back to the UK because as only a UK citizen resident in the UK my US SS and income from US based retirement accounts wouldn't be US taxable. My taxes would probably not be much different because of the tax rates in the UK, but the paperwork burden would be a lot less. But I'll probably deal with the paperwork and the inconvenience as being a US expat abroad is probably safer than being an ex US citizen NRA with money in the US. Honestly I'd rather that I'd just stayed with the Greencard and never taken US citizenship now that I am planning to live in the UK,

Another factor for those of us with family in the US is if there is a risk of legislation being passed that would bar renouncers from subsequently entering the US.

digbydog May 19th 2012 12:10 pm

Re: Saverin expatriation.
 

Originally Posted by nun (Post 10070128)
Yes I could. But I have many years of SS payments and my retirement money is all in US based funds and keeping US citizenship is a way to protect myself against the sort of stuff that Schumer is proposing. As an NRA with money in the US you leave yourself at the mercy of some pretty veinal politicians. The way the legislation is right now my life would be simpler if I were to give up US-citizenship after I moved back to the UK because as only a UK citizen resident in the UK my US SS and income from US based retirement accounts wouldn't be US taxable. My taxes would probably not be much different because of the tax rates in the UK, but the paperwork burden would be a lot less. But I'll probably deal with the paperwork and the inconvenience as being a US expat abroad is probably safer than being an ex US citizen NRA with money in the US. Honestly I'd rather that I'd just stayed with the Greencard and never taken US citizenship now that I am planning to live in the UK,


This is interesting. I thought being a Green Card holder meant you had the same fiscal responsibilities as a USC and the so called exit tax applied as well. Please can you explain the benefits of just keeping the Green Card over becoming a USC.

nun May 19th 2012 12:39 pm

Re: Saverin expatriation.
 

Originally Posted by digbydog (Post 10070678)
This is interesting. I thought being a Green Card holder meant you had the same fiscal responsibilities as a USC and the so called exit tax applied as well. Please can you explain the benefits of just keeping the Green Card over becoming a USC.

You are right. You must fill out the same 8854 expatriation and potentially pay the same expatriation tax whether you are giving up US citizenship or LPR. In the latter case you obviously don't have to go through the renouncing stuff at a US consulate and the Schumer legislation seems to be aimed at ex-US citizens rather than ex Greencard holders. If this goes any further it will be interesting to see how LPRs who choose to leave the US are treated.

The more I think of this the more I see the US reaction to expatriations as analogous to the way East Germany stopped their citizens from leaving the country: East Germany used a physical wall, the US uses tax law.

oxonlad May 19th 2012 12:54 pm

Re: Saverin expatriation.
 

Originally Posted by nun (Post 10070721)
East Germany used a physical wall, the US uses tax law.

Precisely!

nun May 19th 2012 12:58 pm

Re: Saverin expatriation.
 
I'm a bit confused about something in this Saverin case. I was under the impression that tax law already imposes a 30% tax on capital gains connected with US based businesses paid to NRAs unless that is reduced by some tax treaty. I don't think the US has a tax treaty with Singapore so how is Saverin so much better off from a tax situation? He had to mark-to-market the gain on his Facebook shares when the expatriated and pay 15% CGT and won't he now have to pay 30% on any additional gains? or does he just have to pay the gains on the price as of his expatriation date? If so that's a massive loophole. Of course if Facebook shares go down below the mark to market price I assume he'd be worse off form a tax perspective.

HarryTheSpider May 19th 2012 4:34 pm

Re: Saverin expatriation.
 
I understand that Saverin has already stated he will pay his full US tax obligations, and did so some days ago...

nun May 19th 2012 8:30 pm

Re: Saverin expatriation.
 

Originally Posted by HarryTheSpider (Post 10070925)
I understand that Saverin has already stated he will pay his full US tax obligations, and did so some days ago...

Sure the Facebook share price was probably estimated below $38 when he paid 15% CGT at expatriation, but what happens if he now sells his shares at a higher price. I'd have though he'd pay 30% on the difference as Facebook is a US firm and he's an NRA resident in Singapore.

nun May 23rd 2012 3:21 am

Re: Saverin expatriation.
 
At $31/share Saverin may well have paid more tax at expatriation than he would if he sold now. However, in his situation expatriation is probably worth it however low the FB share price goes as it removes a lot of IRS restrictions and paperwork.


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