Introduction: As Goes Tax Reform For US Multinationals, So Escalates The Harm To Individual Americans Abroad
In the 18th century people were "guilty". In the 21st century people are #GILTI. pic.twitter.com/ItGBwKStFw
— John Richardson – lawyer for "U.S. persons" abroad (@ExpatriationLaw) April 14, 2021
The Problem: The proposed changes in International Tax (mostly in relation to corporations) will affect numerically more individuals than corporations. The effects on Americans abroad, who run small businesses outside the United States, will be absolutely devastating.
Two Solutions: Suggestions for how to protect individuals (including Americans abroad) would be to make changes to the Subpart F regime – GILTI, etc. There are at least two ways this change can be achieved:
1. To NOT apply Subpart F to INDIVIDUALS who are shareholders of CFCs.
2. If Subpart F is to apply to individual shareholders of CFCs, it should NOT apply to those individual Americans abroad who meet the residence requirements to use the S. 911 Foreign Earned Income Exclusion. (I.e. people who are almost certainly tax residents of other countries.)
March 25, 2021 – The Senate Finance Committee Held A Hearing Described As: