Proposed
New US Exit Tax
Tax Costs
Would Be Higher for Expatriating Individuals
By David
L. Fleming
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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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