Good
Morning, This Is Your Wake-Up Call
Immigration & Citizenship
Strategies For A Post September 11 World
by David S. Lesperance
David Lesperance, Barrister
& Solicitor is Chief Legal Counsel to Global Relocation Consultants
S.A., a consultancy that specializes in the integration of immigration
and citizenship, offshore trusts and tax planning. GRC specializes in assisting
individuals acquiring residency and citizenship to fulfil tax or estate
planning objectives and works closely with banking, accounting and related
professionals on behalf of its clients.
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On the morning of September
11th, 2001 the veil of complacency was ripped violently from the face of
America. Until that time, war and terrorism were events happening in far
away lands. The American public could not conceive of such major acts of
war on their home territory. Until this time Americans had only to contend
with minor irritants - increasing loss of privacy, lawsuits, and excessive
taxation. Living in the comfort and abundance of their birth land afforded
them the luxury of dealing with these problems another day.
By comparison, many other countries
had already experienced the brutal realities of war and terrorism. Present
day Europeans need look back no further than a generation to remember the
Holocaust, the Dresden firestorm, the Blitz, or the Iron Curtain. Similar
to September 11th, these historic events were incompre-hensible, but in
retrospect, the underlying causes were recogniz-able.
In the last century change has accelerated
exponentially, especially in the practice of war. It took several years
of escalation before World War I erupted. By World War II, "blitzkrieg"
meant that the enemy could score decisive victories within a matter of
weeks. In 2001, within one hour, an army of only a dozen people had struck
the vital blow. The lesson to be learned is that to survive and prosper
in this New World Order, safeguards and strategies must be in place long
before the attacks begin. Do not try to buy fire insurance after the fire
has started - your house will surely be burned to the ground before you
can even get an insurance broker on the phone.
One of the advantages of stealth
aircraft is that nobody knows it's there until after it is gone. A stealth
expat has the same advantages ~
With this in mind, let
us examine some emerging key trends followed by some practical residence
and citizenship strategies to help us survive in this rapidly changing
world.
TREND 1: We will live
in several places throughout our lives (domestic & international).
It is now commonplace for us to have
several different careers or jobs during our lifetime. As we progress through
our education, career, and retirement life-stages, we will continually
change our residence. Such moves will be increasingly international in
nature, as the westernized standard of living spreads worldwide. Some of
us will maintain current homes in several countries as we bridge our various
life stages or as a hedging strategy.
TREND 2: Countries will join
together in regional blocks for increased security from terrorists.
The move to unite Canada and the
US into "Fortress North America" has begun. While many of us are aware
of the growth plans for the North American Free Trade Zone, we are less
aware that for the past several years most of continental Europe has been
part of a common visa zone known as the “Schengen Treaty Zone”. Following
the lead of North America and Europe, most developed, and many developing
countries will significantly tighten their regional borders as part of
their alliances. Accordingly, if we wish to travel, work, or retire overseas
we must secure some type of status in all regional associations. Doing
so will ensure the ability (for our-selves and our family) to take advantage
of the international nature of increased mobility.
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TREND 3: We will
want to move to or carry the travel documents of low profile countries.
We will increasingly want to carry
the passport of a low-profile country and may even choose to have a second
or primary home in that country. Since September 11th, the perception is
that the world is a more dangerous place and that random violence can occur
anywhere. Accordingly, no one wants to be identified as "the American or
Westerner in Room 602” or to spend too much time in high-profile target
areas.
TREND 4: We will have
several citizenships and residences in the event that one country acquires
a highly unattractive attribute.
The most obvious examples of unattractive
attributes are mandatory military service or taxation by citizenship. Another
consideration is the anticipated deterioration of privacy when living in
"western developed" countries, as these countries increase internal security
to “find the terrorists within”.
We will want to move to or carry
the travel documents of low profile countries ~
.
.....the passing of the USA Patriot
Act in late 2001, and the recent offshore credit card record requests by
the IRS, mean the US is aggressively leading the way in scrutinizing all
domestic and international financial trans-actions of its taxpayers.
TREND 5:
Countries will increase invasive fiscal and personal information reporting
regimes under the rationale of exposing terrorists or money launderers.
This trend, which has been underway
for the past few years thanks to increased co-operation between governments
and initiatives of international organizations, has increased its momentum
and justification after September 11th. The implementation of the Qualified
Intermediary regime in 2000, the passing of the USA Patriot Act in late
2001, and the recent offshore credit card record requests by the IRS, mean
the US is aggressively leading the way in scrutinizing all domestic and
international financial trans-actions of its taxpayers.
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While we will leave other experts
to debate the effectiveness of these efforts in uncovering terrorist funding
sources, there is no doubt that these regimes will continue to uncover
thousands of US citizens and residents who have been engaging in thinly-disguised
tax evasion schemes. Other western countries are now eagerly beginning
to follow the US example. Given these significant trends, what practical
steps should a prudent person consider under-taking?
STRATEGY 1: Acquire any lineage
citizenship to which you may have a legal claim.
Ireland and Israel are two countries
already contemplating limiting their traditional liberal access to lineage
claims to their nationality. Other counties, like Holland and Belgium,
are reviewing their existing laws relating to previous loss of citizenship
through naturalization in foreign countries. Still other countries, such
as Estonia, Latvia, and Hungary, are expanding their access to their diaspora
as they emerge from under the Iron Curtain. If you (or one of your parents
or grandparents) were born in another country, you should examine closely
your ability to claim or reclaim that country's citizenship.
STRATEGY 2: Acquire a second
citizenship and/or passport through an economic or residence leading-to-citizenship
program.
Many large countries offer citizenship
to those who acquire residence status and fulfil tax and possibly physical
presence requirements over a predeter-mined naturalization period. Other
countries offer citizenship directly by fixing an additional government
fee in lieu of a naturalization period. Which option or combination is
best depends on your personal goals and circumstances. The proper structuring
and implementation of this type of strategy requires the assistance of
an experienced advisor. Such an adviser will look at issues such as timing,
cost, minimizing the “footprint” of tax and residence obligations through
planning structures, escaping overbearing tax regimes, maintaining the
ability to travel visa-free to as many countries as possible, and the practical
“livability” of such a strategy for all family members. A properly structured
and executed residence and/or citizenship plan will greatly affect the
lives of your descendants for several generations.
STRATEGY 3: Acquire a home
and assets outside of your home country.
This may involve obtaining a retirement
residence permit in a low-profile country or could be in combination with
economic citi-zenship or residence leading to citizenship. This strategy
would result in the long-term ability to move to a chosen location on a
full or part-time basis. This strategy may become increasingly attractive
as privacy and tax avoidance strategies fall victim to “anti-terrorist”
laws.
STRATEGY 4: Take proper legal
steps to reduce tax and privacy invasion.
The days of "off-the-shelf" trusts,
bearer share IBCs and anony-mous offshore banks accounts with linked credit
cards, as the means to reduce your tax burden and regain privacy are gone.
The new reality is that if you chose to remain within taxing jurisdic-tions,
you will have to get used to a decreased level of privacy in your financial
dealings.
Furthermore, if you wish to decrease
your tax burden, your only option is to retain sophisti-cated tax advisors
to help you take advantage of a dwindling number of legal tax avoidance
strategies. Quick, cheap undetect-able tax evasion strategies are now useless
and dangerous. Implementing legal tax avoidance plans for those who remain
taxpayers will have its own problems. Constantly changing domestic rules
result in long-term uncertainty and “change fatigue” as domestic advisors
suggest expensive on-going revisions to your “estate plan”. These government
actions will become triggering catalysts for increasing numbers of wealthy,
ambitious or educated people to take the required legal steps to withdraw
from the status of being a taxpayer.
The Irish Potato Famine, the Scottish
Highland Clearances, the Russian Pogroms, and World War II were major historical
events that drove immigration.
September 11th 2001 may well be remembered
as the time when a group of far-sighted individuals were inspired to review
their current lives and implement changes to their residence and citizenship
that would greatly enhance the lives of the generations that followed them.
Undertaking these changes in an effective, timely, and cost-efficient manner
is the current major challenge for these pioneers and their advisors. Recognizing
the impact and predictable fallout of current events is but the first step.
Taking action is the second. You have received your wake-up call, now is
the time to get out of bed.