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Ask Slashdot: Should I Let My Kids Become American Citizens?
An anonymous reader writes "Can you help me decide whether to allow my small daughter and son to become American citizens? I am American and my partner is Swedish. We have both lived in Belgium for many years and have no plans to leave. I became a Belgian citizen some years ago and kept my American citizenship. My partner has both her original Swedish and now Belgian citizenship. We are not married. Instead we have a registered partnership, which is common in northern Europe, confers most of the benefits of marriage, and raises no eyebrows. However, the American government does not recognize such partnerships, so in their eyes I am still single. Generally, children of American citizens abroad automatically become American citizens themselves at birth. But our kids fall under an exception. Male American citizens who live abroad and have children out of wedlock with a non-citizen mother do not automatically transmit citizenship to their children unless they sign an "affidavit of support" promising to support their children until the age of 18. If you don't sign before the child reaches 18, the child is not considered an American citizen. This has been upheld by two Supreme Court rulings (Nguyen v. INS and Flores-Villar v. United States). For legal beagles, the relevant statutes are 8 U.S.C. 1401 and 1409. (Read on below for the rest.)
The kids have Swedish and Belgian citizenship. We could go down to the American consulate and get American citizenship for them any time, but I keep putting off the decision and I am not sure I want to do it at all. Sentimentally I would like the kids to have American citizenship, but there is really only one practical pro to it: American citizenship would allow them to live, work, or study in America more easily, if they choose, when they get older. The cons:
- They would be immediately enmeshed in the U.S. tax bureaucracy, which would require them to file U.S. tax returns for life even if they never set foot in the U.S. This, as I know from experience, is a huge bother, even when you don't owe anything.
- Sometimes they would owe U.S. tax, though, for example for capital gains, unearned income, and in some countries self-employment income.
- My son would have to register for the draft.
- The decision, once made, is difficult to back out of: renouncing one's U.S. citizenship costs $2300 and a lot of paperwork.
- They can easily travel to the US for family visits as Belgian/Swedish citizens.
- There are lots of good universities in Europe. And if they really wanted to study in the U.S., it's not too hard to do as a European.
What do you think I should do? The clock is ticking, and I find it hard to choose between the evil of not being able to be American if they choose, and the evil of unjust, lifelong pursuit by the IRS. Here are two good relevant links.
Silly question. People are paying good $$$ to ditch American citizenship (and worldwide taxation) by the droves and you're considering hobbling your kids to the Home of the IRS? FYI the US is one of only 2 countries that tax non-residents as if they were living in the USA... the other is fuckin' Ethiopia, so that gives an idea of why not to shit on your kids' heads with eagle poop.
My cousin is an American citizen, but lives in Switzerland. Her daughters are also citizens, having registered at the consulate. Swiss banking laws and IRS stuff is coming back to bite them, as they girls are both over 18, and now are working on renouncing. They have American, EU and Swiss citizenship at the moment. I fully support their renouncing, even my cousin, as the US laws have made their lives hell.
I'm posting as AC because I want nothing to impede their decisions, or have anything come back to bite me. If I could claim EU citizenship from Germany, I'd do it in a heartbeat.
I've lived and breathed the US tax system as an immigrant to the US. I know just how hideously complex the citizenship-based US tax system is. I (and my family) live in NZ and I'm not a US citizen but my wife is, and my NZ-born daughter automatically inherited US citizenship from her. I plan on keeping my daughters US citizenship hidden from the world for her own benefit. Her birth is not registered with the US govt and she travels on a NZ passport. She technically has all the US tax and reporting obligations from birth with no choice in matter (on her part or my part). At great expense she is required to report annually her income, assets, trusts, and company directorships to the US govt. The US govt imposes fines for failing to do so accurately and they are draconian. She is required to pay taxes to the US beyond what she owes to the NZ govt. Thanks to the new FATCA regime imposed upon the world, banks in NZ are tying to detect her US citizenship so her details and financial info can shared with the NZ IRD who will then pass it on to the US IRS.
All this is and she is barely 2 years old.
If you are CERTAIN she will be living in the US in the future then sign her up for citizenship. And leave it to the last minute so she can give her informed consent when she is most able to give it. But US citizenship is more of a burden than a blessing so she is generally better off without it.
If you fail to register for the draft, you are ineligible for any sort of educational federal financial aid (should you choose to take advantage of it), and you will have great difficulty ever obtaining federal employment in many different agencies (if that's something you'd like to do.)
They may not owe US taxes, but they will probably have to file paperwork every year declaring such. Failure to file the paperwork can result in large fines, which are a problem if they ever decide to travel to the US.
I'm a US citizen living abroad with a dual-citizen son. I can tell you that there are advantages and disadvantages. The benefits are that they can travel freely to the US and live and work in the US without having to obtain a green card. Also they can travel on either of their pasports largely depending on which country they travel to and they will qualify to receive assistance from any US consulate or embassy when overseas. They will be legally entitled to vote in any federal elections in the US when they turn 18, although if they have never actually lived in the US in practice they can't because no state will allow them to register to vote in that particular state.
The disadvantages are that when they start working they will always have to file a tax return in the US, regardless of where they actually live. For the most part they will receive an exemption for US taxes for any income they receive while working overseas with the exception of self-employment income, if they are legally self-employed then they will have to pay self-employment tax in the US in addition to any tax they pay overseas (some, but not all foreign countries have a self-employment double-tax agreement with the US, though which mitigates this). For me to avoid this tax I had to form a foreign corporation and work for that corporation so I'm not legally self-employed.
Another disadvantage is that they will be required to register for the US selective service when they turn 18 (the draft). There has not actually been a draft since the Vietnam war, though, so this is not likely to become an issue, but it is certainly something to consider.
As stated by the parent they can always renounce citizenship later and avoid the tax and selective service issues, but this is expensive (about $2500USD).
Also speaking of expense, having to file two tax returns means additional accountants fees and additional paperwork, especially if the country you live in has a different tax year than the US (which is very common). Having to maintain two passports is another extra cost as well, but not very expensive when you spread the fees out over the life of the passport.
All of the above said, I made an informed decision to register my own son as a US citizen and I do agree that the benefits outweigh the down sides, but it's certainly not a "nothing to loose" situation, there are downsides and it pays to make an informed decision with full knowledge of them.
Windows is a bonfire, Linux is the sun. Linux only looks smaller if you lack perspective.
that a rational answer is "hell no, there's no reason to get your kids burdened with dealing with the US government and laws". But I wouldn't be surprised if Europeans said the same about the EU.
Actually, having moved between EU countries, I haven't found any disadvantages whatsoever in having a EU nationality. The tax situation that US citizens living outside the USA are caught in is frankly bizarre. As a EU citizen, you can live wherever you want, pay your taxes there, and your own country will leave you alone (slight complication in a year where you move from one country to another, but that is independent of your nationality).
Lack of a Social Security Number in no way makes it legal for you not to file taxes. It only makes it so you are harder to track.
Exactly this. I'm a US citizen who worked for a few years in Canada. Don't listen to OP - the tax issues are monumentally major.
Most countries tax based on residency. You earned money in your country of citizenship, you pay taxes there. You earned money in another country, you work out the taxes over there. Your native country doesn't get involved. This is why Canadians working in the U.S. for part of the year have to be able to document the number of days they stayed there. If they're in the U.S. for more than 183 days, they're considered a U.S. resident and don't owe Canadian taxes.
The U.S. taxes based on residency and citizenship. You earn money anywhere in the world, the IRS expects you to pay U.S. taxes on it if you're a citizen. If your kids become U.S. citizens, ignore the U.S. tax filing obligations for 20 years because they're living in Sweden or wherever, then when they're in their 30s and married and have kids they decide to visit the U.S., the moment they try to step foot into the U.S. the IRS will nail them for back taxes on everything they earned for the last 20 years. (Ok, there's probably a statute of limitations, but you get the idea.)
A lot of Americans living abroad work their butt off trying to renounce their U.S. citizenship just so they don't have to deal with this tax hassle. Do not subject your kids to it unless they intend to live in the U.S. (Some U.S. states do the same thing. California is notorious for it. If you were living in California prior to taking a job in the U.K., California still considers you a "resident" since you didn't move to another U.S. state, and expects you to pay California taxes on everything you earned in the U.K. Even California kids who go to college out of state and don't formally establish their residency in that state have gotten nailed for it when they work a part-time job while at school.)
The U.S. has tax treaties with most developed nations, where taxes paid in those countries on earned income (i.e. wages) can be applied as credit to taxes the IRS says you owe. Since most countries have a higher tax rate than the U.S. Federal taxes (U.S. Federal + State ends up being about the same), this usually means you won't owe the IRS any taxes on earned income. But they still expect you to file a tax return every year. And if you've got unearned income (e.g. interest on a savings account, stocks), you're probably gonna end up double-taxed on that (in both your country of residence, and by the U.S.).
Unless your kids are going to live in the U.S., don't do it.
Bull. The US tax laws change all of the time. In the last couple of years, they have become even more complex with more forms. The IRS is legally obligated to know everything about what you own, what accounts you have, everything. The US has lost many citizens in the last couple of years just for this reason.
US citizens residing in foreign countries are still required to pay US Federal Income Tax while abroad, even if they never return. I guess you're paying for the protections the local embassies could theoretically give you, if you don't expatriate and renounce your citizenship in accordance with 8 USC 1481(a)(6).
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Some quick links I found covering the issue.
Americans Living Abroad Becoming Trapped by Citizenship Based Tax Rules
Mayor Of London Boris Johnson Announces He'll Renounce U.S. Citizenship
When American Expats Donâ(TM)t Want Their Kids to Have U.S. Citizenship
Meet the 'accidental American' with a big tax bill
PwC suggests a check to see if you're an 'accidental American'
âAccidentalâ(TM) Americans Still Owe Income Tax
Statute of Limitations is 10 years IF YOU FILE.
If you don't file: there is no limitation. They can collect for all earnings over the course of your entire life.
Citizens have a different limitation than the IRS. The IRS' limitation never expires if you don't file, but your limitation to collect from the IRS, should they owe you, expires in 3 years if you don't file. There is a potential loophole to this in the Codes, but the IRS privately interprets that loophole to apply to amended returns only (I tried using the loophole). As a kid I was dumb and ignorant, and I considered about 5 years of returns as a savings account I'd collect on later. Well, I lost all of those returns because of the 3-year limitation for citizens to collect from the IRS. And I'd have to sue the IRS in federal court and win to get them to honor the loophole exemption on all returns, not just amended returns.
-=/\- Jizzbug -/\=-
I'm a US citizen living abroad with a dual-citizen son. I can tell you that there are advantages and disadvantages. The benefits are that they can travel freely to the US and live and work in the US without having to obtain a green card. Also they can travel on either of their pasports largely depending on which country they travel to and they will qualify to receive assistance from any US consulate or embassy when overseas. They will be legally entitled to vote in any federal elections in the US when they turn 18, although if they have never actually lived in the US in practice they can't because no state will allow them to register to vote in that particular state.
The disadvantages are that when they start working they will always have to file a tax return in the US, regardless of where they actually live. For the most part they will receive an exemption for US taxes for any income they receive while working overseas with the exception of self-employment income, if they are legally self-employed then they will have to pay self-employment tax in the US in addition to any tax they pay overseas (some, but not all foreign countries have a self-employment double-tax agreement with the US, though which mitigates this). For me to avoid this tax I had to form a foreign corporation and work for that corporation so I'm not legally self-employed.
Another disadvantage is that they will be required to register for the US selective service when they turn 18 (the draft). There has not actually been a draft since the Vietnam war, though, so this is not likely to become an issue, but it is certainly something to consider.
As stated by the parent they can always renounce citizenship later and avoid the tax and selective service issues, but this is expensive (about $2500USD).
Also speaking of expense, having to file two tax returns means additional accountants fees and additional paperwork, especially if the country you live in has a different tax year than the US (which is very common). Having to maintain two passports is another extra cost as well, but not very expensive when you spread the fees out over the life of the passport.
All of the above said, I made an informed decision to register my own son as a US citizen and I do agree that the benefits outweigh the down sides, but it's certainly not a "nothing to loose" situation, there are downsides and it pays to make an informed decision with full knowledge of them.
My wife is dual Peruvian/US citizen, and has passports from each country. Because traveling as a Peruvian generally means getting a visa beforehand her Peruvian passport remains unused. When we went to the college one of the first things that she did after getting her legal residency was to establish her legal residency in the town where we lived so that she could pay local tuition rather than the much higher out-of-town tuition or the obscenely expensive foreign student tuition. Working here in the US is also a royal pain, should your kids ever wish/need to do so, for a non-citizen.
BTW, I lived in Peru for three years, never filed to pay taxes during that time, and when I moved back to the US just filed them as "late" and paid a very minor fine. This was two decades ago though, so that might have changed.
"Think about how stupid the average person is. Now, realise that half of them are dumber than that." - George Carlin
I'd recommend letting your kids decide if they want US citizenship when they grow up.
I think the fundamental problem being alluded to here is that there's a deadline for him to make them US citizens... and the deadline expires at the stroke of midnight on their 18th birthdays. So by definition, it's basically "now or never".
If he leaves it up to them until they grow up, they'll be in the same legal position as someone who's never had ties to the US at all. He can get them basically free expedited US citizenship by filing some forms now. Frankly, I'd say it's a dirt cheap investment he'd be crazy to NOT do right now.
As others have pointed out, even though the US appears determined to compete in the English-speaking world's mad race to see who can become "Oceania" first, it still has a de-facto global empire that would have made just about any past world leader (besides maybe Queen Victoria and Genghis Khan) jealous, and there are concrete, tangible benefits to being a citizen of the world's dominant empire.
If nothing else, the fact that they COULD -- with minimal paperwork -- live and work in the US as a matter of birthright might someday come in handy for them if they're looking for a job during an economic downturn (especially if they're still early in their careers and don't have a lot of experience). The fact is, sometimes logistics triumph over other factors in a company's hiring decisions.
My first year in Iceland, my US return was so complex that most tax attorneys refused to touch it. One offered to do it for over $1000. I ended up doing it myself. Three years later I'm still dealing with the IRS on it. It was as thick as a book.
My subsequent returns have been simpler but are still really annoying.
Seriously, don't do this to your kids. Just don't.
You know when it's okay to shout fire in a crowded theatre? When it's on fire.
If you want socialism, maybe you should move to sweden. Have fun with that 75% tax.
And yet Swedes have a higher quality of life than Americans.
There is more to life than just money money money.