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 Proposed New US Exit Tax 
Tax Costs Would Be Higher for Expatriating Individuals
By David L. Fleming
October 2007
Individuals expatriating from the United States will face a high tax price when attempting to take their assets with them under legislation (H.R. 3056) approved 23-18 by the House Ways and Means Committee July 18.  Although the bill's primary focus is to stop the private debt collection program at the Internal Revenue Service, its centerpiece revenue raiser will dramatically change the landscape for those who attempt to give up their U.S. citizenship to escape U.S. tax on their assets.

Expected to bring in $764 million over 10 years, the complex provision would impose an immediate tax on individuals who renounce their U.S.  The bill includes detailed, specific rules for the tax and how it would affect a wide range of assets, including deferred compensation, tax-deferred accounts such as retirement and pension plans, and nongrantor trusts. 
 

In general, H.R. 3056 requires that all property of a covered expatriate be treated as sold on the day before the expatriation date for its fair market value for tax purposes.  Gains and losses from the sales would have to be taken into account for the taxable year of the sale, according to the bill. 

Expatriating taxpayers will be allowed to exclude up to $600,000 in income from the sale treatment of the property, the legislation stipulated.  However, the exclusion may not reduce taxable income below zero. 

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The bill imposes a 30 percent tax on eligible deferred compensation, to be deducted and withheld by the payor.  This includes compensation from foreign pension plans or similar retirement arrangements or programs.  The bill also imposes immediate tax on tax-deferred accounts, such as retirement and pension plans.  For accounts held on the day before an expatriation date, an expatriate would be treated as having received a distribution of the entire interest in the account on that date.  Specific types of accounts that will fit in this area include individual retirement accounts, qualified tuition plans, Coverdell education savings accounts, health savings accounts, and Archer medical sav-ings accounts. 

In addition to the changes for deferred compensation and tax-deferred accounts, the legislation will impose a 30 percent tax on taxable portions of distributions from non-grantor trusts.  If the fair market value of such property exceeds its adjusted basis in the hands of the trust, gain will be recognized to the trust as if such property were sold to the expatriate at its fair market value.  The bill also specifies that covered expatriates would be treated as having waived any right to claim withholding reductions under U.S. tax treaties for distributions from nongrantor trusts. 

It is important to not that this bill is still making its way through Congress but is expected to pass in some form.  Depending on the date the bill becomes law, it could affect individuals who expatriate during the present tax year.  Accordingly, careful planning for expatriating should be done with this pending bill in mind. 
 

David Fleming received his Juris Doctor degree from Stetson University College of Law and his LLM degree from St. Thomas University School of Law.  Mr. Fleming is a Certified International Financial Centers Planner and is recognized as a Chartered Wealth Manager and Registered Financial Specialist by the American Academy of Financial Managers.  Mr. Fleming owns his own consulting firm, Wealthcare International, and is a partner in an international title insurance agency, Wealthcare International Title Services.  For further information and updates, Mr. Fleming can be contacted by email addressed to titleservices@wealthcare.com
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