Category Archives: passports

“Dual citizenship affords unique opportunities for cross-border tax evasion” claims report issued by @SenateFinance

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As described by AARO (“Association of American Residents Overseas”) in an April 7, 2023 blog post:

On March 29 the Senate Finance Committee Democratic staff issued a report titled “Credit Suisse’s Role in U.S. Tax Evasion Schemes of its investigation of Credit Suisse’s compliance with a 2014 plea agreement with the Department of Justice involving the bank’s participation in a conspiracy to hide offshore accounts from the IRS.

Per Committee chair Senator Ron Wyden’s (D-OR) press release, the report details Credit Suisse’s role in a “potentially criminal tax conspiracy” involving accounts of a U.S. based family that were closed 10 years ago, recycles the Clinton/Bush era tax evasion case by U.S. businessman Dan Horsky, and discusses large undeclared accounts belonging to 23 ultra-high net worth U.S. citizens.

We are surprised that such a large and well-resourced committee working for two years was unable to unearth so little misconduct at a mega-bank that has now collapsed due to mis-management. Most outrageously, the report states that “Dual citizenship affords unique opportunities for cross-border tax evasion,” which gives the impression that ordinary Americans living abroad are prone to criminal tax evasion.

AARO has a meeting scheduled with Senator Wyden’s office in May during our annual Overseas Americans Week, during which we will express our extreme dissatisfaction with this characterization. We will let you know if there are any developments.

AARO deserves thanks and credit from all Americans overseas for publicly pushing back on the report created and published by the Democrat led Senate Finance Committee. The report is outrageous, a waste of public funds and appears to be a “back handed attempt” to justify the hiring of more IRS agents and increasing/justifying the imposition of FBAR penalties. The report is NOT (contrary to media reports) really about Credit Suisse. The report uses Credit Suisse as a “prop” to remind the people of America, that there are some people in America (it all took place ten years ago), who deliberately attempt to evade the payment of U.S. tax. The modus operandi includes moving their money to financial institutions and entities outside the United States. Yes, it’s true. Of course, as an added benefit the Senate Finance Committee gets to demonize Swiss banks (in general) and Credit Suisse (in particular). But make no mistake. The Senate Finance report is NOT about Swiss banks. It’s an advertisement to justify the hiring of more IRS agents funded by the Inflation Reduction Act, to legitimize the imposition of more FBAR penalties and to suggest that Republicans are (somehow) soft on tax evasion.

Why this report is dangerous for U.S. citizens generally and for Americans abroad specifically

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US Citizenship Was A Problem For Boris Johnson Before He Even Knew About The Tax Issues

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I recently was alerted to this article written by Boris Johnson in 2006. Most people are aware of the tax problems. Fewer are aware of the problems of travel as a US citizen.

To be clear:

US citizens are required to both enter and leave the United States on a US Passport!

Boris Johnson Spectator article

Passport Revocation: The new weapon in the US war on Americans abroad

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Circa 2015:

The logical progression continues …

I just got off the phone with someone who has just received a letter from the IRS stating that:

1. He had a “seriously delinquent” tax debt; and

2. That notice of the “seriously delinquent” tax debt was being forwarded to the State Department.

In 2016 I did a presentation on this topic just a few months after the law came into force. You may view the presentation here:

FastAct2

It is clear that the letters from the IRS have started to go out. The purpose of this post is to explain in simple terms what this means for Americans abroad.

To put it simply:

1. If you have received the notice and you do NOT have a current U.S. passport then:

The State Department cannot issue you a passport.

2. If you have received the notice and you DO have a current U.S. passport then:
The State Department may revoke your passport but is not required to revoke your passport.

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Global Entry, NEXUS and the effect of renouncing US citizenship

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This is another post in what is becoming a series about “travel documents” for U.S. and Canadian citizens and permanent residents. To travel the world you need to be able to get easy access to and from different countries. “Travel documents” are required. Travel documents include (but are not limited to): passports, permanent resident cards, Global Entry cards and NEXUS cards. Different rules may apply in different contexts (are you traveling by air, land or sea)? My previous posts about “travel documents” have been:

Canadian citizens and permanent residents of Canada

Travel Documents: Canadian citizens need either a U.S. or Canadian passport to enter Canada by air (or by land)

Why would someone renounce their “permanent resident of Canada” status?

Law permanent residents of the United States AKA “Green Card” holders

What’s a #GreenCard anyway? It’s NOT what you don’t know. It’s what you know that isn’t true!

Although a “reentry permit” can provide evidence of intention to reside permanently in the USA, it does ask about tax returns!
This post focuses on the NEXUS program (in the context of the U.S “Global Entry Program”).

I encourage you to visit the U.S. Government “Global Entry” page. You will be amazed at how broad these programs actually are.
Introduction

A common question (I have been asked this many times) for Canadians renouncing U.S. citizenship:

How will my renunciation affect my NEXUS card?

I provided the following “Readers Digest” answer on Quora. But I thought I would provide a broader answer in this post.

Read John Richardson's answer to Can you still qualify for a Nexus card if you renounce your US citizenship after becoming a naturalized Canadian citizen? on Quora

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Travel Documents: Canadian citizens need either a U.S. or Canadian passport to enter Canada by air (or by land)

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This post is a reminder for Canadian citizens traveling outside of Canada who wish to return to Canada by air! YOU NEED THE RIGHT KIND OF “TRAVEL DOCUMENT” TO RETURN TO CANADA!
Section 6 of Canada’ Charter of Rights and Freedoms guarantees the right of Canadian citizens to enter Canada.

6. (1) Every citizen of Canada has the right to enter, remain in and leave Canada.

Yet, certain travel documents are required as proof of identity and citizenship.
There is a distinction between a “travel document” and one’s “citizenship or immigration status”. The “travel document” is generally considered to be “proof” of the “citizenship status”. A Canadian “permanent resident” card, which is valid for at most five years, is proof of having the status of “permanent resident” of Canada. A U.S. Green Card, which is subject to renewal, is a document that is proof of having the status of being a lawful permanent resident of the United States. All travel documents are valid for finite periods of time and must be renewed.
The expiration of the “travel document” does not affect the “citizenship” or “immigration” status. For example, the failure to renew the U.S. Green Card does NOT mean that you lose the right to live permanently in the United States. (You will be required to file U.S. taxes until your status as a lawful permanent resident has been terminated. The recent cases of Mr. Topsnik, discussed here and here, confirm that Green Card holders are subject to U.S. taxation until their status as permanent residents has been terminated.)
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