What the Hungary Tax Treaty Termination Means for Advisors

Analysis January 16, 2024 at 04:15 PM
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The U.S. Treasury Department created a ripple in the fabric of the financial universe Jan. 1 by terminating the U.S. tax treaty with Hungary.

The move eliminated an agreement that's been helping to simplify and reduce taxes for individuals and companies with ties both to Hungary and the United States since 1979.

The Biden administration canceled the agreement because of concerns about Hungary's opposition to a global minimum tax rate, over the objections of Rep. Kevin Brady, R-Texas, and two other Republican members of Congress.

What it means: Clients may need extra attention if they earn income outside the United States, have assets outside the United States, have children studying outside the United States or dream about retiring overseas.

That could be a lot of people.

Tax treaties: The United States has negotiated dozens of tax treaties to help people and companies with cross-border lives manage their finances.

The number of people directly affected by the tax treaty with Hungary is not available, but all of the treaties combined may affect about 1.5% of U.S. citizens and about 14% of the people living in the United States.

The United States is home to about 45 million people born outside the country, and the Association of Americans Resident Overseas estimates that at least 5.4 million Americans live abroad.

The most recent Internal Revenue Service international tax return figures available, for 2016, show that about 482,000 taxpayers used Internal Revenue Service Form 2555: Sources of Income, Deductions, Tax Items, and Foreign-Earned Income and Exclusions that year to report non-U.S. income and take advantage of an exclusion for foreign-earned income

What advisors should know: Here are four other things that agents and advisors who work with individual clients should know about the termination of the tax treaty with Hungary.

1. Tax treaties are usually separate from the agreements that govern Social Security benefits and public retirement benefits programs in other countries.

Totalization agreements govern how the U.S. government and other governments treat workers who have ties to two or more countries.

The U.S. totalization agreement with Hungary is still in effect, meaning that the end of the tax treaty with Hungary will not affect workers' ability to earn and collect Social Security benefits in the United States or equivalent benefits in Hungary.

The Social Security Administration notes that the totalization agreement with Hungary covers unemployment insurance and health insurance as well as retirement benefits.

2. The termination of the U.S. treaty with Hungary could affect clients with ties to Hungary who earn dividends, interest or real estate rentals in the United States.

In the past, under the terms of the tax treaty, people with ties to both countries paid taxes on capital gains in the country where they lived.

Now, Hungarians who live in the United States and earn capital gains may see their effective tax rate on capital gains increase to a total of 35%, from 30%, according to a Deloitte analysis.

The Hungary treaty had a different annuity provision than the standard U.S. tax treaty, which put annuity income in an "all other income" category rather than in a paragraph of its own, and it's possible that that treatment could lead to complications now that the treaty is being terminated.

3.  Tax fights aimed at tax evaders and money launderers could affect ordinary clients.

The termination of the tax treaty with Hungary could hit some clients who do their best to pay their taxes according to the rules.

The Biden administration let a new treaty with Hungary negotiated in 2010 stay unratified and let the 1979 treaty end partly because of concerns that Hungary was using a low corporate tax rate and the tax treaty to give corporations a way to use operations in Hungary to cut their taxes, according to analysis posted by PayrollOrg, a payroll industry group.

The end of the treaty may now affect Hungarian clients who went to college in the United States, ended up living here and have relatively simple, modest finances.

Similarly, an earlier, broader tax fight, over a U.S. Foreign Account Tax Compliance Act requirement that financial institutions send the IRS reports about accounts held by U.S. citizens, has had a huge impact on many low-income, low-tax Americans living outside the United States.

U.S. students who study in Europe, for example, often have trouble finding bank accounts near their universities because the institutions are reluctant to get involved with sending reports to a tax agency on another continent for the sake of students with low-fee, low-balance accounts.

4. Tax treaties are of keen interest to any clients who want to run away to an exotic beach when they retire or who want to bring their parents here.

Northwestern Mutual, for example, talks about the importance of understanding the relevant tax treaties in a client-oriented guide to retiring outside the United States.

Even U.S. clients who want to retire in Canada will run up the problem that Canada already treats U.S. retirement tax accounts much differently than the IRS does. even though Canada and the United States have a well-established tax treaty.

Clients who retire in jurisdictions with no tax treaties or fragile treaties could face even more cross-border retirement tax headaches.

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