Today's comment is by Mark Nestmann, Wealth Preservation & Tax Consultant for The Sovereign Society, and President of The Nestmann Group.
Dear A-Letter Reader:
I've just returned to Phoenix from The Sovereign Society's Offshore Advantage Seminar in Puerto Vallarta, Mexico...billed as "A Beginner's Guide to the Offshore World."
Of course, not everyone attending this seminar was a beginner. But many were, and of those beginners, a significant number believed dangerous myths about how the United States taxes offshore investments.
The fact is that the Uncle Sam taxes every American citizen on their worldwide income, no matter where they live or for how long. Virtually every other country in the world, except for Eritrea and the Philippines, taxes their residents...but not citizens residing abroad.
Lots of people, including me, think this is unfair.
Nonetheless, "facts are facts," and those of us who are U.S. citizens must deal with the realities of how our country taxes us, domestically and offshore.
Over the years, I've met many individuals who have committed some serious tax mistakes because they just didn't know any better. Quite a few haven't lived in the U.S. for decades and simply had no idea that they still needed to pay U.S. taxes. They didn't understand that they needed to file a U.S. tax return, every single year, on their foreign earned income. And I've advised quite a few that they needed to report their foreign bank accounts and their interests in foreign corporations annually as well.
If you ignore (or simply don't know about) these reporting requirements, you could face serious repercussions. If you add up the maximum criminal penalties for non-compliance with these mandatory reporting rules, you could face years in prison, and millions of dollars in fines. For instance, the penalty for a U.S. citizen to not report a foreign bank account, for just one year, is a five-year prison term and a US$250,000 fine.
What breaks my heart is that many of these misguided individuals never dreamed they had any tax obligations in the United States because they no longer live here. Simply moving yourself or your assets offshore doesn't disconnect you from the U.S. tax system.
If you're in this situation, you can become compliant with U.S. tax and reporting obligations by hiring a U.S. tax attorney who could prepare and file the necessary forms and tax returns. The cost of doing so could be tens of thousands of dollars (but well worth it, if you consider the alternative). It's also quite possible that if you did take this step, before any investigation was initiated, there would be no criminal penalties imposed. But if you fail to become compliant, the next time you travel to the United States, you could be pulled out of the line going through Customs and whisked off to an IRS office for interrogation and eventual arrest.
There are many advantages to going offshore as the attendees in Puerto Vallarta learned-among them asset protection, financial privacy, and access to lucrative, global investments that are off the radar of your U.S. broker or money manager. But only rarely are there tax advantages for a U.S. person offshore. And if you do choose to go offshore as a U.S. citizen, there are numerous tax and reporting obligations that you must adhere to.
Moral of this cautionary tale: it's dangerous to assume you're in full tax compliance. Always consult with a U.S. tax attorney just to be safe.
MARK NESTMANN, Wealth Preservation & Tax Consultant
Phoenix, AZ
assetpro@nestmann.com
www.nestmann.com
EDITOR'S NOTE: Don't fall for these dangerous tax myths! Listen to Mark's tax tips by pre-ordering the 2006 Offshore Advantage Seminar audio. It could save you hundreds of thousands of dollars in fines. Click here for more information.