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Americans abroad: Taxes &
 Rising Global Financial
      Accountability


            A presentation for the Fireside Forum,
           American Women’s Club of Oslo,Norway
                                     April 23, 2012

JUNE EDVENSON, AMERICAN ATTORNEY
      EDVENSON CONSULTING
Rising Global Financial Accountability

 Problem
   Individuals and companies try to reduce their tax

  burden at a time when governments need the funds
  for necessary services, infrastructure and investment.


 Needs
   A ’level playing field’ for global financial accountability

   Greater transparency of transactions across borders

   Regulations that reduce the risk of advantage-seeking

    behaviors
Rising Global Financial Accountability

Goals
To share the burden of taxation
For the benefit of the public
For use for public and social causes.
Directions
To reduce bribery and corruption
Brought about by lack of transparency
In financial transactions
Of all types and stripes.
Financial Accountability in the News

             a few recent examples . . .
1.   Swiss banks and UBS case
2.   SWIFT system and Iranian trade sanctions
3.   Greece, internal fraud and corruption
4.   Italy, internal fraud and corruption
5.   Multi-lateral pressures for internal control,
     transparency and accountability
Accountability & Americans abroad

 Impact
   Americans must report their foreign income and taxes (and
    U.S. Income) to the U.S. Internal Revenue Service (IRS)
   More recent requirements include sharing information on the
    balance in foreign bank accounts & foreign securities
 Effects vary in different countries
   In Norway, our high tax rate means we usually would not owe

             tax to the U.S. after reporting.
                     Ex: In France, their lower tax
                     rate affects Americans who
                     may owe tax to the U.S.
American Reactions

 Anger: Why me?
 Confusion: What must I do? Am I in trouble?
 Resentment: I shouldn’t owe the U.S; I don’t live
  there.
 Other Responses:
    Ex: Renunciation of U.S. citizenship
    Ex: Advice by the Taxpayer Advocate Service
    Lobbying
    Options (2): Comply or revoke your citizenship
American Filing Requirements

 IRS Personal Income Tax Forms
   American citizenship
      Dual  citizenship would not affect the duty to file
      American citizenship requires one to file with the IRS
      If a person is behind, file the 3 prior years plus the current year

    Minimum income that requires filing personal income forms:
      Single:
             (2011): Under 65, $9,500; over 65: $10,950
      Married filing separately (2011): $3,700
      (Convert 2011 NOK to dollars by dividing by 5.6022)

 Resources:
 http://www.irs.gov/pub/irs-pdf/i1040gi.pdf
Bank Information Filing Requirements


 FBAR – Report of Foreign Bank and Financial
 Accounts

    Form TDF 90-22.1: http://www.irs.gov/pub/irs-
     pdf/f90221.pdf


 Form 8938 – Statement of Specified Foreign
 Financial Assets

    http://www.irs.gov/pub/irs-pdf/f8938.pdf
    http://www.irs.gov/pub/irs-pdf/i8938.pdf
FBAR Process and Goals

 Who must file?

     You send this to Dept. of Treasury if you have the equivalent of at
      least a total of $10,000 in a foreign bank account that year. This
      includes control or rights to access that account. It also includes
      options, funds, annuities, securities and insurances.

 What information must one file?
 For each account:
   The name and address of your bank/security/other financial
    institution
   The account number and name(s) on the account
   The highest balance in the account in the given year
Form 8938 Process and Goals

 Who must file?
 You only file it if (1) you have to file an income tax return for that
  year, even if your foreign assets meet the minimum amount to be
  reported on the form, and (2) your assets total are over the
  amount at end of year: For 2011: $200,000 single or married
  filing separate, and $400,000 married filing jointly.

 What information must one file?
 This goes with your income tax return to the IRS. It includes:
 For each account:
   The name and address of your bank/security/other financial
    institution
   The account number and name(s) on the account
   The balance ’range’ in the account in the given year
Two Americans with foreign assets

 The slacker, an example:      The honest hard-worker:
 Lives in Miami                Lives & works in Norway
 Makes money in the U.S.       Pays large income taxes
  he can send abroad             to Norway
 Sends it to a Cayman          Reports to the IRS
  Islands bank.                 Does not owe tax to the
 Does not declare it in the     U.S.
  U.S. for tax
Looking to the future

 Positive Consequences             Unavoidable Results
    Larger tax collections            Americans overseas
     from persons who should            experience a seemingly
     pay tax                            unfair reporting burden:
    Less avoidance of tax             Difficult forms
     liability among ex-pats           Scary deadlines
    Creates a model for other         Lack of ease to understand
     nations to follow                 Forces those with no
    Begins to level the playing        resulting payment
     field and close gaps in            obligation to produce
     accountability caused by           time-consuming reports to
     national borders                   the U.S. government
Making the right decision

 Ethics in a shrinking world
   Cosmopolitanism – making the world better for all.

   Justice and re-distribution of wealth

   Works to reduce financial market burdens on the poor

   Globalization means a more equitable distribution of wealth.

 The role of personal responsibility
   Consequentialism: What is the result?

   ’Doing the right thing’: Following the law.

   Virtue ethics: Being a ’good’ person.

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Americans abroad taxes and global financial accountability - awc-ff-april 2012

  • 1. Americans abroad: Taxes & Rising Global Financial Accountability A presentation for the Fireside Forum, American Women’s Club of Oslo,Norway April 23, 2012 JUNE EDVENSON, AMERICAN ATTORNEY EDVENSON CONSULTING
  • 2. Rising Global Financial Accountability  Problem  Individuals and companies try to reduce their tax burden at a time when governments need the funds for necessary services, infrastructure and investment.  Needs  A ’level playing field’ for global financial accountability  Greater transparency of transactions across borders  Regulations that reduce the risk of advantage-seeking behaviors
  • 3. Rising Global Financial Accountability Goals To share the burden of taxation For the benefit of the public For use for public and social causes. Directions To reduce bribery and corruption Brought about by lack of transparency In financial transactions Of all types and stripes.
  • 4. Financial Accountability in the News a few recent examples . . . 1. Swiss banks and UBS case 2. SWIFT system and Iranian trade sanctions 3. Greece, internal fraud and corruption 4. Italy, internal fraud and corruption 5. Multi-lateral pressures for internal control, transparency and accountability
  • 5. Accountability & Americans abroad  Impact  Americans must report their foreign income and taxes (and U.S. Income) to the U.S. Internal Revenue Service (IRS)  More recent requirements include sharing information on the balance in foreign bank accounts & foreign securities  Effects vary in different countries  In Norway, our high tax rate means we usually would not owe tax to the U.S. after reporting. Ex: In France, their lower tax rate affects Americans who may owe tax to the U.S.
  • 6. American Reactions  Anger: Why me?  Confusion: What must I do? Am I in trouble?  Resentment: I shouldn’t owe the U.S; I don’t live there.  Other Responses:  Ex: Renunciation of U.S. citizenship  Ex: Advice by the Taxpayer Advocate Service  Lobbying  Options (2): Comply or revoke your citizenship
  • 7. American Filing Requirements  IRS Personal Income Tax Forms  American citizenship  Dual citizenship would not affect the duty to file  American citizenship requires one to file with the IRS  If a person is behind, file the 3 prior years plus the current year  Minimum income that requires filing personal income forms:  Single: (2011): Under 65, $9,500; over 65: $10,950  Married filing separately (2011): $3,700  (Convert 2011 NOK to dollars by dividing by 5.6022) Resources: http://www.irs.gov/pub/irs-pdf/i1040gi.pdf
  • 8. Bank Information Filing Requirements  FBAR – Report of Foreign Bank and Financial Accounts  Form TDF 90-22.1: http://www.irs.gov/pub/irs- pdf/f90221.pdf  Form 8938 – Statement of Specified Foreign Financial Assets  http://www.irs.gov/pub/irs-pdf/f8938.pdf  http://www.irs.gov/pub/irs-pdf/i8938.pdf
  • 9. FBAR Process and Goals  Who must file?  You send this to Dept. of Treasury if you have the equivalent of at least a total of $10,000 in a foreign bank account that year. This includes control or rights to access that account. It also includes options, funds, annuities, securities and insurances.  What information must one file?  For each account:  The name and address of your bank/security/other financial institution  The account number and name(s) on the account  The highest balance in the account in the given year
  • 10. Form 8938 Process and Goals  Who must file?  You only file it if (1) you have to file an income tax return for that year, even if your foreign assets meet the minimum amount to be reported on the form, and (2) your assets total are over the amount at end of year: For 2011: $200,000 single or married filing separate, and $400,000 married filing jointly.  What information must one file?  This goes with your income tax return to the IRS. It includes:  For each account:  The name and address of your bank/security/other financial institution  The account number and name(s) on the account  The balance ’range’ in the account in the given year
  • 11. Two Americans with foreign assets  The slacker, an example:  The honest hard-worker:  Lives in Miami  Lives & works in Norway  Makes money in the U.S.  Pays large income taxes he can send abroad to Norway  Sends it to a Cayman  Reports to the IRS Islands bank.  Does not owe tax to the  Does not declare it in the U.S. U.S. for tax
  • 12. Looking to the future  Positive Consequences  Unavoidable Results  Larger tax collections  Americans overseas from persons who should experience a seemingly pay tax unfair reporting burden:  Less avoidance of tax  Difficult forms liability among ex-pats  Scary deadlines  Creates a model for other  Lack of ease to understand nations to follow  Forces those with no  Begins to level the playing resulting payment field and close gaps in obligation to produce accountability caused by time-consuming reports to national borders the U.S. government
  • 13. Making the right decision  Ethics in a shrinking world  Cosmopolitanism – making the world better for all.  Justice and re-distribution of wealth  Works to reduce financial market burdens on the poor  Globalization means a more equitable distribution of wealth.  The role of personal responsibility  Consequentialism: What is the result?  ’Doing the right thing’: Following the law.  Virtue ethics: Being a ’good’ person.