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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.
Yes. They don't lose anything by becoming citizens (there are tax issues but they are pretty minor), and being a US citizen has a lot of advantages, like the support of US consulate services. They can then decide which passport to travel on depending on what is most convenient. And they can then donate to American political causes if they want. On the whole the benefits outweigh the costs, and if it really does become an issue they can renounce citizenship later. However, you and they should talk to a lawyer about this first to make sure there aren't any special issues that might come up in your particular case. When in doubt, always go with real legal help not random people on the internet.
Why is 'the clock ticking'? You didn't mention their ages, but say that you have to make the choice before they are 18. Can't they make their own choice, long before their 18th birthdays?
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.
They also receive the gift of being obligated to pay US taxes. They will love you for that.
No US tax is not something simple. Here in Switzerland, a U.S. citizenship can be a real burden. I know personally at least 2 ex US citizen who gave up the citizenship just because they were tired of the complex situation they were facing.
>there are tax issues but they are pretty minor
You're kidding. Have you actually experienced them? The tax issues are mindboggling in their complexity because the US law is written for US institutions and concepts. Trying to work out how arrangements in any of 160 other countries with their own laws and institutions translate into American concepts is a minefield. Something that is simple in your country of residence becomes impossible in another. Accountants who are familar with both local and US tax law don't come cheap so many people spend thousands of dollars a year trying to get it right; all to pay zero tax because there is rarely any tax to be paid. But if you get it wrong the penalties are punitive, all because the US views citizens who have the temerity to live overseas as unpatriotic tax dodgers.
And the benefits? What exactly would those US consulate services be that are so valuable? I can't think of any.
Yes. They don't lose anything by becoming citizens (there are tax issues but they are pretty minor), and being a US citizen has a lot of advantages, like the support of US consulate services.
I'm a dual citizen (born American, obtained British citizenship while I lived there), and while my default position would be "you should grant them US citizenship as that opens up more options to them if they ever want to live in the US" (and despite the many issues, there are still good reasons to want to live here for many people), it should be said that the tax bullshit really is onerous, and renunciation would be expensive. It is like the US congress has built a financial Berlin wall around the country ... sure, you're free to leave, if you can pay up (and pay for expensive tax preparers who specialize in filing US taxes for expats, as the forms are by no means easy), but good luck ever getting out from under our thumb.
It's not an easy question to answer, and as someone else suggested, I would involve your 16 or 17-year old child in the decision beforehand, with good financial and legal advice on the implications pro and con. Weighing the option of living here vs. the never-ending IRS headaches of living abroad--that's a tough one.
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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.
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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).
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.
no, I agree with jeremiah.
we have failed. we are a failure. some may not see it, but we will implode sooner or later and then, all hell will break loose.
there is NO plan for sustainability, here. we keep spending on wars and hostility and yet we let 'home repairs' go undone. for decades, now, we have done this.
we are the country of 'dumbing down'; we have the worst healthcare system in the world; we let people go homeless if they lose their jobs and can't find a new one quickly enough; we have crime rates that are astronomical; we have half of the country thinking the world is a few thousand years old and that half also denies science whenver possible.
we are no shining example of what a good country is, anymore. our politics are a mess, our spies are ruining WORLD WIDE security for everyone and we are the main cause of this kind of escalation.
don't even get me started on the work environment here. very little maternity leave, no paternity leave, a recent push for no sick time or vacation time (they lump it all together) and we also have the shortest amount of vacation time compared to all the modern countries. our corporations work the workers to death and then dispose of them, IF you can even GET a job in the US (h1b, yes! born here, sorry.)
there are many good things about the US, don't get me wrong. but if you are not already 'stuck' here, I would certainly NOT entertain coming here, moving here, doing business here and certainly not becoming a citizen here!
(of course, I expect to be added to some watchlist given my comments here. and that's yet another reason to avoid the US. you can't trust the US anymore. we don't even follow our own laws uniformly. if you are rich, you have all you want; if you are not rich, then a 2nd set of laws will apply to you).
don't. just don't. we used to be great. maybe we will again in the future, but right now, its a disaster here.
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Well, if they are almost 18, why don't you just let them decide for themselves? Explain the pros and cons, they should be old enough to understand. If you think they lack the maturity to make the decision, then they'll probably be better off without the complexity of filing American tax reports for the rest of their lives. Basically, don't do it unless they understand the consequences and want you to.