Tax Law Has US Citizens Second Guessing US Citizenship

The Foreign Account Tax Compliance Act or FACTCA is a law that is causing many U.S. Citizens to renounce their citizenship. FATCA requires the reporting of foreign accounts or assets by U.S. citizens and residents. IRS Form 8938 is used to report these assets. The effort and time to do this reporting as well as the potential cost are causing some U.S. citizens and residents to renounce their citizenship or forfeit their green cards. In addition foreign banks and other entities must now report the assets of Americans living outside the United States. There are some exceptions to FATCA.

According to the IRS, “Taxpayers with a total value of specified foreign financial assets below a certain threshold do not have to file IRS Form 8938

• If the total value is at or below $50,000 at the end of the tax year, there is no reporting requirement for the year, unless the total value was more than $75,000 at any time during the tax year
• The threshold is higher for individuals who live outside the United States
• Thresholds are different for married and single taxpayers
• Taxpayers who do not have to file an income tax return for the tax year do not have to file IRS Form 8938, regardless of the value of their specified foreign financial assets.”

Americans have been renouncing citizenship in record numbers in order to avoid large tax bills.

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