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Discussion about current events, culture, independent candidates, business, education, travel, death and taxes, global mobility, citizenship and residence by investment options, Americans abroad, FATCA, CRS, U.S. citizenship renunciation, Green Card abandonment, citizenship taxation, PFIC, GILTI, foreign trusts, I-407 and more ...
Episodes
Sunday Jun 30, 2024
Sunday Jun 30, 2024
June 30, 2024 - participants include:
Diana - @DianasPlace
John Richardson - @ExpatriationLaw
AI generated description:
"In this final June podcast, John Richardson from Toronto, Canada, sits down with Diana, an Ontario resident who shares her harrowing experience with the U.S. tax system via her green card. On the eve of Canada Day, Diana recounts her journey through the bureaucratic maze, the unexpected financial burdens, and the emotional toll of striving for compliance. From the infamous "name and shame" list to the complexities of tax obligations, Diana's story sheds light on the lesser-known challenges faced by those entangled in the U.S. tax system.
Tune in to hear about her ultimate escape to a "form-free" life and her advice for anyone considering marrying an American."
Saturday Jun 29, 2024
Saturday Jun 29, 2024
June 29, 2024 - Participants include:
Jim Bennett- Fair Tax
Steven Hayes Fair Tax
John Richardson - @ExpatriationLaw
I have previously hosted Jim Bennett and Steve Hayes of Fair Tax fame. Previous podcasts are available here. Much has happened since our last discussion.
The June 20, 2024 Supreme Court ruling in Moore v. U.S. demonstrates that it's time for taxation to return to its original purpose of raising revenue.
Notably the Fair Tax would accomplish two goals:
1. It would turn the United States into a territorial tax system (the U.S. would NOT income/events outside the United States; and
2. It would replace the compliance costs and weaponisation of the income tax with a simpler (and likely more fair) sales tax.
AI Description
"Join John Richardson from Toronto, Canada, as he welcomes back Jim Bennett and Steve Hayes from Fairtax.org. In this engaging episode, they dive into the implications of the recent Moore decision and its potential impact on the future of the fair tax. Discover how the fair tax could change the landscape of U.S. taxation, promoting personal responsibility and reducing government overreach. This conversation is essential for anyone interested in the intersection of tax policy and personal freedom.
Learn about the fundamental differences between the current income tax system and the proposed fair tax, and why it might be crucial for a healthy, functioning democracy. Don’t miss this insightful discussion that touches on historical perspectives, legal intricacies, and the practical benefits of a consumption-based tax system."
Tuesday Jun 25, 2024
Tuesday Jun 25, 2024
SEAT has prepared a new survey and is asking both current and former Americans abroad to participate. Advocacy for Americans abroad is greatly enhanced by the availability of current information. The survey is on the SEAT site:
https://seatnow.org/2024/06/14/tell-your-story/
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June 25, 2025 - Participants include:
Dr. Karen Alpert - @FixTheTaxTreaty
Anthony Parent - @IRS_Medic
Keith Redmond - @Keith__Redmond
Dr. Laura Snyder - @TAPInternation
John Richardson - @Expatriationlaw
AI Description:
"Join John Richardson and a panel of experts as they dissect the recent Harvard Law Review note that attempts to defend the constitutionality of the U.S. Exit Tax. The episode features Anthony Parent from the IRS Medic podcast, along with SEAT members and co-founders Keith Redmond, Karen Alpert, and Laura Snyder.
The discussion kicks off with an overview of the Exit Tax, a levy imposed on Americans renouncing their citizenship to escape U.S. taxation. The panel critiques the Harvard note for its factual inaccuracies and defamatory statements about Americans living abroad. They argue that the article misrepresents the reasons behind renunciations and fails to consider the complex compliance issues faced by expatriates.
Further, the conversation explores the broader implications of the Harvard Law Review's stance, the need for severing citizenship from tax residency, and the potential unconstitutionality of the Exit Tax post-Moore decision. The panel also highlights the importance of advocating for the complete severance of citizenship from tax residency to solve the problems faced by Americans abroad.
Tune in for an insightful debate on the flaws in the Harvard Law Review note and the broader issues of U.S. taxation on expatriates."
Thursday Jun 20, 2024
Thursday Jun 20, 2024
June 20, 2024 - Participants include:
Dr. Laura Snyder - @TAPInternation
John Richardson - @Expatriationlaw
The purpose of SEAT has been and continues to be to conduct research (including the SEAT survey), prepare position papers, make submissions by SEAT to various governments, facilitate advocacy by individuals impacted, file amicus briefs and provide a centre for educating interested parties about the U.S. extra-territorial tax regime. (SEAT's work may be found on the SEAT website.)
SEAT believes that the problems caused to Americans abroad by the U.S. extraterritorial tax regime can be ended ONLY by severing citizenship from tax residency. We encourage the United States to join the rest of the world by taxing individuals on the basis of residence and source and NOT based on the citizenship of an individual.
Part of SEAT's work has been break our research into specific issues and categories. These categories are expressed as "SEAT Working Papers". In order to make the "SEAT Working Papers" available in podcast form, SEAT co-founders Karen Alpert, Laura Snyder and John Richardson are developing a series of podcasts - featuring interactive discussion - where we distill the "working paper" into conversational format. It is our hope that these podcasts will make SEAT's content available to a larger group of people.
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Today on June 20, 2024 the Supreme Court of the United States released its decision in the Moore Transition Tax case. The court ruled 7 to 2 against with Moores with Justices Thomas and Gorsuch dissenting.
In this podcast Laura Snyder and I discuss our impressions (it's only been out for a few hours) of the Court's decision.
Individuals were the owners of far more CFCs than multinationals. A large percentage of CFCs owned by individuals are owned by Americans abroad. Individuals were not mentioned in the decision.
Therefore, it is clear that those Americans abroad who are considering renunciation should renounce as soon as reasonably possible!! It is simply too risky to retain your U.S. citizenship and live outside the United States.
In spite of the seven to two ruling against the Moores, I regard the decision as:
A short run loss for the Moores and a possible long run win for taxpayers. My reasoning is detailed in the following tweets ...
https://x.com/ExpatriationLaw/status/1803808588797780417
https://x.com/ExpatriationLaw/status/1803794413639926061
Generally four of the nine justices suggested that taxation may be subject to certain constitutional - due process - limitations. The remaining five justices did NOT discuss any limitations on taxation.
The full decision is may be read here:
https://www.supremecourt.gov/opinions/23pdf/22-800_jg6o.pdf
Previous SEAT podcasts about Moore include:
https://prep.podbean.com/e/december-5-2023-debriefing-the-moore-case-what-happened-at-the-hearing/
https://prep.podbean.com/e/moore-v-united-states-december-5-2023-the-argument-before-the-court/
Thursday Jun 13, 2024
Thursday Jun 13, 2024
June 13, 2024 - Participants include:
Dr. Karen Alpert - @FixTheTaxTreaty
Dr. Laura Snyder - @TAPInternation
John Richardson - @Expatriationlaw
The purpose of SEAT has been and continues to be to conduct research (including the SEAT survey), prepare position papers, make submissions by SEAT to various governments, facilitate advocacy by individuals impacted, file amicus briefs and provide a centre for educating interested parties about the U.S. extra-territorial tax regime. (SEAT's work may be found on the SEAT website.)
SEAT believes that the problems caused to Americans abroad by the U.S. extraterritorial tax regime can be ended ONLY by severing citizenship from tax residency. We encourage the United States to join the rest of the world by taxing individuals on the basis of residence and source and NOT based on the citizenship of an individual.
Part of SEAT's work has been break our research into specific issues and categories. These categories are expressed as "SEAT Working Papers". In order to make the "SEAT Working Papers" available in podcast form, SEAT co-founders Karen Alpert, Laura Snyder and John Richardson are developing a series of podcasts - featuring interactive discussion - where we distill the "working paper" into conversational format. It is our hope that these podcasts will make SEAT's content available to a larger group of people.
Laura's newest paper is titled:
"The Invisibility Of The American Emigrant"
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4832126
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AI Description:
"Join John Richardson from Toronto, Canada, as he delves into the struggles of U.S. citizens living abroad with Dr. Laura Snyder from Paris and Dr. Karen Alpert from Australia. This episode focuses on Laura Snyder's compelling paper, "The Invisibility of the American Emigrant," which highlights the systemic issues that overseas Americans face, particularly concerning taxation and banking policies.
The discussion explores how American expatriates are ignored or belittled by U.S. policymakers and academics, despite their continuous efforts to communicate their challenges. The episode also examines the complexities of filing U.S. tax returns from abroad, the role of the tax preparation industry, and the lack of IRS resources dedicated to serving Americans overseas.
Listen in as the guests provide insightful commentary on the broader implications of these issues, including how they affect not only those who identify as Americans but also those who may not even realize their U.S. citizenship status. The episode concludes with a discussion on potential solutions and the need for systemic change."
Tuesday Jun 11, 2024
Tuesday Jun 11, 2024
June 11, 2024 - Participants include:
Dr. Karen Alpert - @FixTheTaxTreaty
Dr. Laura Snyder - @TAPInternation
John Richardson - @Expatriationlaw
The purpose of SEAT has been and continues to be to conduct research (including the SEAT survey), prepare position papers, make submissions by SEAT to various governments, facilitate advocacy by individuals impacted, file amicus briefs and provide a centre for educating interested parties about the U.S. extra-territorial tax regime. (SEAT's work may be found on the SEAT website.)
SEAT believes that the problems caused to Americans abroad by the U.S. extraterritorial tax regime can be ended ONLY by severing citizenship from tax residency. We encourage the United States to join the rest of the world by taxing individuals on the basis of residence and source and NOT based on the citizenship of an individual.
Part of SEAT's work has been break our research into specific issues and categories. These categories are expressed as "SEAT Working Papers". In order to make the "SEAT Working Papers" available in podcast form, SEAT co-founders Karen Alpert, Laura Snyder and John Richardson are developing a series of podcasts - featuring interactive discussion - where we distill the "working paper" into conversational format. It is our hope that these podcasts will make SEAT's content available to a larger group of people.
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AI conversion:
"Good morning from Toronto, Canada! Join John Richardson, Laura Snyder in Paris, and Karen Alpert in Australia as they discuss the launch of a new and vital survey targeting overseas Americans. Laura shares insights on past surveys from 2019 and 2021, and why it’s crucial to update this data to reflect current experiences.
They highlight the importance of participation, emphasizing that the survey is open to both current and former U.S. citizens living abroad. By contributing, individuals help in addressing issues like citizenship taxation and more, providing invaluable data that informs future research and policy.
Discover how this survey aims to capture a comprehensive view of the overseas American experience and the steps being taken to ensure wide dissemination and participation. The team underscores the survey's anonymity and how participants can expect their data to be handled securely.
Tune in to learn how you can contribute to this important initiative and make a difference for Americans living abroad. For more details, visit the SEAT website at seatnow.org."
Saturday Jun 01, 2024
Saturday Jun 01, 2024
June 1, 2024
John Richardson - @Expatriationlaw
This podcast introduces a the oral argument in the U.S. Supreme Course in the seminal case of Afroyim v. Rusk. Afroyim has been referenced and discussed from time to time in the 16 part podcast discussing Laura Snyder's "Working Paper Series" (found on the SEAT website here).
The case was about whether Mr. Afroyim could be stripped of his U.S. citizenship for voting in an Israeli election when he was a resident but not a citizen of Israel. Interestingly, during the oral argument, the U.S. government lawyer - Charles Gordon - tried to expand the issue into whether Mr. Afroyim should have been stripped of his U.S. citizenship by later accepting Israeli nationality under Israel's "right of return" law. Fortunately, the Court did NOT allow the government to do this. Mr. Gordon was a major figure in U.S. immigration law. His 1999 death rated an article in the New York times. Interestingly the article included a reference to his involvement in the Afroyim case.as follows:
"He spent several years in private practice before joining the Immigration and Naturalization Service in 1939. He stayed for 35 years, rising to general counsel in 1966.
While at the immigration agency, Mr. Gordon argued eight cases before the Supreme Court. ''He was known as a liberal and someone in favor of a more open, fairer immigration policy,'' Mr. Roberts said, but sometimes he had to argue positions with which he disagreed.
In one such instance, three decades ago, Mr. Gordon lost the case of Afroyim v. Rusk, in which the Supreme Court ruled that a naturalized citizen cannot lose his citizenship against his will by voting in a foreign election."
Please see the following AI generated description and listen to the argument as it took place in 1967 in the Supreme Court of the United States here:
https://www.oyez.org/cases/1966/456
AI Description:
"Good evening, this is John Richardson speaking with you from Toronto, Canada. Today is June 1st, 2024. All Americans abroad will understand or should understand the significance of the 1967 U.S. Supreme Court decision in Afroyim v. Rusk. That's Afroyim v. Rusk.
Essentially, the case held that the U.S. Government could not involuntarily strip U.S. Citizens of their U.S. citizenship, a practice that continued right up until the 1986 amendments to the Immigration and Nationality Act. Afroyim was the seminal case, and it was decided in 1967. The facts revolved around Mr. Afroyim's voting in an Israeli election in 1951, despite not being a citizen of Israel.
Interestingly, today I discovered a website - Oyez.org - that replicates the exact arguments made before the Supreme Court of the United States in various decisions, including Afroyim v. Rusk. I just finished listening to it, and it is absolutely fascinating. I thought you might be interested in listening to this as well. Please click on the link in the description and enjoy yourself. It's about an hour and ten minutes and highly, highly informative.
Thanks for listening."
Once again, the link is here:
https://www.oyez.org/cases/1966/456
Saturday May 25, 2024
Saturday May 25, 2024
May 25, 2024 - Participants include:
Dr. Karen Alpert - @FixTheTaxTreaty
John Richardson - @Expatriationlaw
On May 8, 2024 Treasury issued proposed regulations designed to clarify and provide certain exceptions for Form 3520 and Form 3520A reporting for foreign trusts.
The announcement and proposed regulation can be found here:
Comments from taxpayers can be found here:
https://www.regulations.gov/document/IRS-2024-0022-0001/comment
This podcast features a discussion between Dr. Karen Alpert and John Richardson where they explore how the IRS proposed rules might impact U.S. taxpayers in Australia and their Australian Superannuations.
AI generated description:
"Good afternoon, this is John Richardson speaking with you from Toronto, Canada. Today is May 25th, 2024, and my guest is Dr. Karen Alpert, who joins us from Australia. In this episode, we delve into a proposed Treasury regulation concerning foreign trusts, including pension plans and tax-favored accounts outside the United States.
We explore the intricacies of what constitutes a foreign trust under U.S. law and whether common Australian pension plans fall into this category. The discussion highlights the stringent reporting requirements, specifically IRS Forms 3520 and 3520A, and the severe penalties associated with non-compliance.
Dr. Alpert provides a detailed analysis of the proposed regulations, discussing the criteria for determining if an account is a tax-favored foreign retirement trust. We also consider the complexities and potential pitfalls for U.S. citizens living abroad, especially those with no direct connection to the United States.
The conversation touches on the broader implications of citizenship-based taxation and proposes a more straightforward approach to identifying exempt accounts using FATCA IGAs. Join us for an insightful discussion on the challenges and possible solutions to foreign trust reporting."
Tuesday May 21, 2024
Tuesday May 21, 2024
May 21, 2024 - Participants include:
Dr. Karen Alpert - @FixTheTaxTreaty
Dr. Laura Snyder - @TAPInternation
John Richardson - @Expatriationlaw
The purpose of SEAT has been and continues to be to conduct research (including the SEAT survey), prepare position papers, make submissions by SEAT to various governments, facilitate advocacy by individuals impacted, file amicus briefs and provide a centre for educating interested parties about the U.S. extra-territorial tax regime. (SEAT's work may be found on the SEAT website.)
SEAT believes that the problems caused to Americans abroad by the U.S. extraterritorial tax regime can be ended ONLY by severing citizenship from tax residency. We encourage the United States to join the rest of the world by taxing individuals on the basis of residence and source and NOT based on the citizenship of an individual.
Part of SEAT's work has been break our research into specific issues and categories. These categories are expressed as "SEAT Working Papers". In order to make the "SEAT Working Papers" available in podcast form, SEAT co-founders Karen Alpert, Laura Snyder and John Richardson are developing a series of podcasts - featuring interactive discussion - where we distill the "working paper" into conversational format. It is our hope that these podcasts will make SEAT's content available to a larger group of people.
Extraterritorial Taxation #16: Cook Is Ripe for Revisiting
This paper contains three concurrent timelines detailing the step-by-step expansion of U.S. extraterritorial taxation as well as of citizenship and equal protection, since the 1924 U.S. Supreme Court decision Cook v. Tait. These timelines underscore how Cook is ripe for review.
Available at: https://ssrn.com/abstract=4466275
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AI Description:
"Understanding Cook vs. Tate: Unraveling the Transformation of US Citizenship and Taxation
In this absorbing episode, join our host John Richardson alongside guests Laura Snyder and Karen Albert as they discuss the intriguing changes in US citizenship and taxation. Delve into Laura Snyder's working paper series, focusing particularly on the 16th paper which explores extraterritorial taxation and revisits the pioneering Cook vs. Tate case. Discover how this landmark 1924 US Supreme Court decision underpinned the US extraterritorial tax system and understand its continued relevance in the evolving landscape of citizenship and taxation.
Be enlightened as Laura Snyder delivers a concise summary of Cook vs. Tate, emphasizing that it was a defining case more about citizenship rather than taxation. Listen to Karen Albert as she navigates through the expansion and complexity of the US tax system post-1924, shedding light on the changing perceptions of foreign income and assets. This insightful episode is essential for anyone interested in understanding the impact of legal decisions on present-day citizenship and taxation issues and the evolution of legal interpretations against different historical contexts.
Dive deeper into the intricacies of American tax laws, especially concerning U.S. citizens residing abroad. Explore historical discrimination precedents like the Plessy v. Ferguson decision in 1896 and understand its lasting impact on lawmaking. Transition into the United States v. Caroline Products Company case in 1938 that introduced the era of ‘levels of scrutiny'. Acknowledge the evolution of equal protection through landmark court cases like Hirabashi v. United States and Bowling v. Sharp.
Focusing on tax laws, the hosts raise valid questions on their susceptibility to constitutional challenge and express concern over the limited societal understanding of constitutional, human, and tax rights in America. The episode wraps up with a spirited discussion on the application of equal protection principles in the arena of tax laws.
Join the conversation as the hosts delve into taxation, equal protection, and their influence on modern-day US citizenship. Hear about historic cases like gay marriage intersecting tax benefits and equal protection. This discussion will challenge listeners to contemplate the potential dangers of tax laws breaching equal protection rights.
Understand the significant transformation of citizenship's constitutional standing, from being a nexus of obligations to a nexus of rights. Reflect on the relevance of Cook v. Tate and the need for re-examining the current citizenship taxation system. This conversation is a gateway to a fresh perspective towards the taxation of overseas Americans, sparking hope for a future where the voices of Americans living abroad are valued in policy-making."
Monday Apr 29, 2024
Monday Apr 29, 2024
April 18, 2024 - Participants include:
Darren Coleman - Coleman Wealth
John Richardson - @Expatriationlaw
This podcast is crossposted from Darren Coleman's Two Way Traffic podcast. The original podcast and description is here:
Darren’s guest is John Richardson of Citizenship Solutions, a Toronto-based lawyer who was born in the U.S. and has lived most of his life in Canada. His practice is largely devoted to assisting Americans who live outside the U.S. John says Americans living in Canada are often treated “unjustly” by the IRS.
AI generated description:
"In this insightful episode of "Two-Way Traffic", Darren Coleman engages with renowned cross-border attorney John Richardson of CitizenshipSolutions.ca, in a comprehensive and enlightening discussion around the legal, taxation, and financial complexities associated with living and holding wealth across the U.S and Canadian borders.
The conversation brings into sharp focus the hefty regulations and penalties American citizens and green-card holders are subjected to, regardless of their physical presence in the U.S territory. Richardson talks extensively about the seemingly maze-like tax landscapes which often lead to inadvertent non-compliance with the U.S tax laws.
Adding more depth to this complex scenario, Richardson emphasizes the importance of professional guidance for understanding individual situations and mitigating the emotional distress associated with unfamiliar tax landscapes. The dialogue concludes with a look at the alternatives available for those looking to untangle their U.S. affiliations and reduce the risk of potential penalties.
Featuring an in-depth exploration of treaty residency provisions, potential tax liabilities and punitive exit taxes, this conversation serves as a valuable guide for understanding and navigating the intricacies of U.S taxation laws and their potential repercussions, especially for Green Card holders moving back to Canada. Our expert panel's reflections on the 'closer connection rule' and ‘tax treaty tiebreak provisions’ offer practical insights for individuals trying to navigate their tax obligations.
Rich with real-life experiences, tips and essential cautionary insights, this podcast's ending note underlines the importance of specialized tax advisory in managing cross-border financial matters. This episode of 'Two-Way Traffic' serves as an engaging and informative guide into the intricate world of cross-border finance, giving listeners a deeper appreciation of tax laws and estate management, and insight into next steps towards strategic financial planning."