New Bill Allows U.S. Expats to Be Taxed as 'Non-Residents'

News December 19, 2024 at 02:45 PM
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What You Need To Know

  • Non-resident Americans would be taxed only on U.S.-sourced income, including retirement account distributions.
  • The bill could make it easier for expats to get banking services, Rep. Darin LaHood says.
  • The measure could be folded into a tax reform package in 2025.
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Rep. Darin LaHood, R-Ill., introduced legislation Tuesday to allow Americans living overseas to elect to be treated as a non-resident American and be subject to U.S. tax only on U.S.-sourced income and gains — including distributions from retirement plans.

The Residence-Based Taxation for Americans Abroad Act would implement a residence-based taxation system for U.S. citizens living overseas.

"Under this new tax regime, an electing taxpayer would be subject to U.S. tax only on U.S.-sourced income and gains (such as income from ownership in a U.S. business), distributions from U.S. retirement and deferred compensation plans, income from assets physically located in the U.S. (such as rent from real-estate investments), and other U.S.-sourced income or gains," LaHood said in a statement.

The bill requires the non-resident American to live abroad for at least three years.

The United States "is the only major country that uses citizenship-based taxation, a system that levies taxes on individuals regardless of where they live or whether they earn income in the United States," LaHood said.

“This is a non-partisan issue that impacts U.S. citizens with roots in districts across the country. In today’s world, Americans choose to live and work abroad for a host of reasons, and that does not mean that they should be subject to more onerous tax and compliance burdens,” he said.

LaHood said the issue was a priority for President-elect Donald Trump on the campaign trail, citing a Wall Street Journal interview in which Trump said he supported “ending the double taxation of overseas Americans.”

According to recent estimates, more than 5 million U.S. citizens are currently living abroad.

More than 5 million U.S. citizens live abroad, LaHood said, including "both Americans that were born and raised in the United States but have since moved abroad indefinitely, as well as 'accidental Americans,' or individuals who hold dual citizenship in the United States and a foreign country but are unaware of their status as U.S. citizens."

LaHood worked closely with Tax Fairness for Americans Abroad (TFFAA) in the drafting of the bill.

Brandon Mitchener, executive director of Tax Fairness for Americans Abroad, said the group looks forward to working with LaHood "to collect feedback on this non-partisan approach and to help advance the bill to the president’s desk next year.” LaHood is hopeful the bill can be considered in a reconciliation package next year.

The bill “could easily be folded into tax reform efforts next year,” Jeff Bush of The Washington Update said in an email.

For purposes of Foreign Account Tax Compliance Act (FATCA) only, a non-resident American would be able to apply to the IRS for a certificate of non-residency to use with foreign financial institutions.

"By allowing the non-resident American to establish that he or she is not a 'specific United States person,' foreign financial institutions would not be required to undertake burdensome reporting requirements under FATCA, which frequently discourage them from offering banking services to Americans living and working abroad," LaHood stated.

The non-resident American "would be exempt from certain reporting requirements (and substantial associated penalties) with respect to foreign assets and transactions, including Foreign Bank and Financial Accounts Reports (FBAR)."

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