PREP Podcaster - ”Success Favours The PREPared Mind”

FBAR at 55: How a Cold War Rule Became an Expat Crisis

November 20, 2025 - An AI generated podcast from a John Richardson presentation with IRS Medic.

 

AI generated summary:

 

"This episode unpacks FBAR—from its 1970 origins under the Bank Secrecy Act to today’s wide reporting net that catches signing authority, beneficial ownership, and many routine foreign accounts.

We explain the filing threshold, how FBAR differs from IRS information forms, the discretionary power Treasury holds to exempt Americans abroad, and why civil and criminal penalties can be severe enough to ruin lives or push people to renounce citizenship."

Parviz Malakouti - Space 50 - November 13, 2025 - Afroyim v. Rusk

November 13, 2025 - Participants include:

 

Parviz Malakouti - @ParvizMalakouti

Brent Vanderbook - @Vanderbrook

John Richardson - @ExpatriationLaw

 

Information, reason and the outline of the "Space" is here:

 

https://x.com/ParvizMalakouti/status/1986483363931431382

 

 

Citizenship Apartheid: How Birthright Builds a Global Caste

November 11, 2025

 

Citizenship Apartheid - Paper by Professor Dimitry Kochenov

 

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4680018

 

This podcast is based on Professor Kochenov's thought provoking paper.

 

AI description:

"In this episode we unpack a provocative argument: modern citizenship functions as a form of global apartheid, sorting people by birthright into zones of opportunity and exclusion. The sources argue that passports operate as a blood-based aristocracy, granting vast privileges to a minority while trapping the majority behind steep visa walls.

We trace the system’s colonial roots, explore compensatory citizenship and regional intercitizenships, and ask whether freedom of movement—not voting—is the fundamental right at stake. The episode challenges the rhetoric of universal rights by showing how nationality often determines life chances."

Buffett, 95, Converts A Shares into 2.7M B Shares — Huge Charity Gift

November 10, 2025 - Warren Buffet letter to Berkshire shareholders. A "treasure trove"of advice ...

 

https://www.berkshirehathaway.com/news/nov1025.pdf

 

Here is the AI description:

 

"In his November 10, 2025 Thanksgiving message, Warren Buffett, 95, disclosed converting 1,800 A shares into 2.7 million B shares and immediately earmarking them for four family foundations: 1.5M to the Susan Thompson Buffett Foundation and 400K each to the Sherwood, Howard G. Buffett and Novo foundations. He explained the practical reason for moving to B shares and the timing, citing his age and his children’s trusteeship window.

Buffett also confirmed Greg Abel as Berkshire Hathaway’s CEO effective year-end and said he will step back from public-facing duties while continuing his Thanksgiving letter tradition. The message mixes this major corporate and philanthropic news with memoir-style stories about Omaha, gratitude for those who supported him, and examples of how luck and place shaped his life.

He offered sober business warnings — especially about CEO impairment and the unintended effects of pay disclosure — and a philosophical closing: accept limits, acknowledge luck, improve steadily, and live so your obituary reflects kindness and integrity."

When Marriage Meets U.S. Citizenship Tax: The Community Property Trap for Citizens Abroad

November 9, 2025 - Participants include:

 

Virginia La Torre Jeker - @VLJeker

 

John Richardson - @ExpatriationLaw

 

Prologue:

 

Virginia recently published a post discussing the issues generated by a U.S. citizen married to a nonresident alien with the couple living in a non-US "community property jurisdiction".

You are invited to read the post here:

https://us-tax.org/2025/11/07/a-complicated-u-s-tax-life-foreign-spouses-and-community-property/

What follows is an AI generated description of our podcast.

 

"John Richardson and Virginia La Torre Jeker discuss the risks U.S. citizens face when married (or considering marriage) in jurisdictions with community property rules. The episode explains how foreign marital property laws can cause a U.S. spouse to be treated as owning half of assets, triggering reporting requirements (Form 8938 and FBAR), income inclusion, and harsh PFIC rules.

The hosts advise listeners to investigate local marital property regimes, consider prenuptial or postnuptial agreements, map asset histories, and obtain both U.S. tax and local legal advice to avoid unexpected tax and estate consequences.

Born Abroad, American by Law: Should You Register Your Child?

November 8, 2025 - Participants include:

 

Virginia La Torre Jeker - @VLJeker

 

John Richardson - @ExpatriationLaw

 

Prologue:

8 U.S. Code § 1401 - Nationals and citizens of United States at birth

"The following shall be nationals and citizens of the United States at birth:

(g)

a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years: Provided, That any periods of honorable service in the Armed Forces of the United States, or periods of employment with the United States Government or with an international organization as that term is defined in section 288 of title 22 by such citizen parent, or any periods during which such citizen parent is physically present abroad as the dependent unmarried son or daughter and a member of the household of a person (A) honorably serving with the Armed Forces of the United States, or (B) employed by the United States Government or an international organization as defined in section 288 of title 22, may be included in order to satisfy the physical-presence requirement of this paragraph. This proviso shall be applicable to persons born on or after December 24, 1952, to the same extent as if it had become effective in its present form on that date; and"

 

The Podcast/discussion ...

"To register or not to register, that is the question ... whether tis better to ..."

 

AI generated description:

 

John Richardson and tax lawyer Virginia La Torre - Jeker discuss the rights and risks when a child is born abroad to a U.S. parent — how citizenship is transmitted by law, the role of a Consular Report of Birth Abroad and U.S. passport, and practical issues like obtaining a Social Security number and traveling to the United States without having registered as a U.S. citizen.

The episode also covers tax and reporting consequences (FBAR, FATCA, information returns), financial institution screening, dual nationality concerns, and planning options including later renunciation and steps families can take to reduce unexpected U.S. tax and reporting burdens.

Unmasking the Saving Clause: Why Americans Abroad Face Guaranteed Double Taxation

October 8, 2025 - Participants include:

 

Tim Symthe - @TpSmyth01

 

David Bindel - @DavidBindelTx

Dr. Suzanne DeTreville - @SDeTreville

John Richardson - @ExpatriationLaw

 

"This episode examines the U.S. tax treaty "saving clause," which lets the United States deny treaty residency tiebreaker benefits to U.S. citizens and effectively causes double taxation for Americans living abroad.

Speakers discuss history, practical harms (FBAR, pensions, capital gains), and a proposed executive-branch remedy: simply choosing not to invoke the saving clause so expats can rely on treaty tiebreakers, plus legal and durability considerations."

 

Renounce or Retain: The High‑Stakes Tax Choice for Americans Abroad

October 1, 2025 - AI Generated Podcast ...

 

John Richardson - @Expatriationaw Presentation

 

"This episode explains the tough decision facing Americans living overseas: keep U.S. citizenship and face lifetime worldwide taxation and compliance, or formally renounce and risk immediate tax, estate, and immigration consequences.

We break down the biggest hazards—the Section 877A exit tax, the "covered expatriate" tests (net worth, five‑year tax compliance, and income threshold), green‑card rules, retirement and Social Security issues, and planning strategies (including the dual‑citizen child exception). Seek expert legal and tax advice before acting."

Can the IRS Fine You Without a Jury? The Sagoo FBAR Showdown

September 24, 2025 - Participants include:

 

Virginia La Torre Jeker - @VLJeker

 

John Richardson - @ExpatriationLaw

 

The law of FBAR is found in Title 31 of the Bank Secrecy Act. Specifically 5314 is thought to define the FBAR obligation and 5321 prescribes civil penalties.

The actual requirements are found in Regulation 1010.350.

As a result of the recent IRS penchant for large penalty assessments, individuals have begun to explore the extent to which constitutional rights extend to FBAR penalties.

Two constitutional issues which have (and continue to be) been explored are:

1. The eighth amendment excessive fines clause; and

2. The seventh amendment right to a jury trial.

In September of 2025, a Texas court ruled in the Sagoo case that that the seventh amendment right to a jury trial extended to civil willful FBAR penalties. Whether the decision goes further is open to question.

On September 24, 2025, U.S. tax lawyer Virginia La Torre Jeker, published an insightful article in Forbes titled:

The Sagoo Case: FBAR's Reckoning In A Globalized World.

 

In today's podcast John Richardson and Virginia La Torre Jeker explore her article and what it could mean for future FBAR enforcement.

 

AI Generated description:

 

 

"Host John Richardson speaks with U.S. tax lawyer Virginia La Torre Jeker about United States v. Sagu (Sept. 19, 2025), a Texas district court fight over a $1 million FBAR penalty and whether taxpayers have a Seventh Amendment right to a jury trial for agency-imposed civil penalties.

The conversation explains willful versus non‑willful FBAR standards (including willful blindness), how the IRS assesses penalties, the implications of recent Supreme Court precedent, and what the decision could mean for taxpayers with international accounts."

When Borders Matter: How U.S. Estate & Gift Taxes Hit Global Families

AI version of pdf presentation:

John Richardson

____________________________________________

Warning!! This is a very complex area. I am not entirely happy with how AI generated this podcast. It's main. purpose is to highlight the importance of understanding your situation and getting proper advice!!

 

AI generated description:

 

This episode is a clear, practical deep dive into U.S. estate and gift taxes for people with international connections. We explain the three crucial taxpayer categories—U.S. citizens, U.S. domiciliaries who aren’t citizens, and non‑resident non‑citizens—how domicile is determined, and why U.S. situs assets (like U.S. real estate or U.S. stock) can trigger estate tax exposure.

We then explore how treaties can dramatically reshape outcomes—highlighting the U.S. treaties with Australia and Canada—plus common planning issues like transfers to non‑citizen spouses and QDOTs. The key takeaway: your citizenship, intent to reside, and where assets sit determine whether your legacy faces tiny or massive U.S. tax bills, so careful cross‑border planning is essential to avoid costly surprises.