U.S. expatriation tax - calculation of net worth

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netrover
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Joined: Wed May 16, 2012 4:55 pm

U.S. expatriation tax - calculation of net worth

Post by netrover »

I am a Canadian citizen and my wife is a dual U.S./Canadian citizen.

In calculating her net worth for the purpose of determining whether she is "covered" within the exit tax calculation, what portion of our jointly owned assets will be used?

I've done a lot of searching on this and can find no definitive answer. I think I found that if we were both US citizens the limits would be doubled, but nothing that addresses our (fairly common I would think) situation.
onlynewsky
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Post by onlynewsky »

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123 newsky
primo
Posts: 93
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Post by primo »

I'm in the same situation exept I'm the dual. I saw someone ask this question on Phil Hodgen's site. The upshot was that the assets should be treated like they would be under community property laws. So, if something is held jointly, it's 50/50. That's how I did it.
Filo
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Post by Filo »

I'm not disagreeing with primo, because I really don't know the answer to netrover's question.

Is it possible that the notion of "community property" implies that *all* assets are considered joint, not just the ones that have both names listed as owners?

When our wills were made up years ago, our notary (a lawyer who cannot represent a client before the court -- in Québec) researched the laws of the place where we were married, and the laws of the places where each of us was legally resident at the time of marriage to determine property issues. I don't know whether you have the time or the money to consult a notary or lawyer to answer your question; he would have to be knowledgeable in US tax law as well.
primo
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Post by primo »

Filo, I think you are right about all assets being considered joint, at least if they were acquired after marriage. In my own case, all assets are joint but for RRSPs and those have almost equal amounts in them. I found the link for Phil Hodgen's explanation (it agrees with your more complete explanation)

http://hodgen.com/question-about-expatr ... om-reader/
Filo
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Post by Filo »

primo -- thank you for that link.

I have often seen the $636,000 figure mentioned, but not the $2,000,000 figure. I'm not rich, but I own a house, and that really louses things up because it was bought when the Canadian dollar was low, so the US-calculated capital gain of a deemed disposition is high. As to whether the exclusion amount for selling a domicile mentioned in the form 1040 instructions applies to a person expatriating (renouncing citizenship), I don't know.

I will stubbornly fill out almost any tax form, but the 8854 is way too crucial. Who do potential expats hire to evaluate their situation in advance to help them decide whether to expatriate? An enrolled agent? Serbinski?
primo
Posts: 93
Joined: Mon Jan 23, 2012 11:51 pm

Post by primo »

Hi Filo,
I don't know if the exclusion mentioned in the 1040 would be included. I didn't get any help with expatriation other than the internet and various forums. I also own a house but jointly. I was below the 2 million in assets as well as the 636,000 in capital gains. The forum that has been most useful is the Isaac Brock Society. It is a blog of a group of expat Americans, mostly Canadian dual citizens, that are renouncing or trying to figure out how to renounce. It's really helpful and probably someone there will have some good information. There is a section on the right hand side where you can ask a question. The forum is very active so you will get lots of feedback. I have read that Phil Hodgen's firm will do a phone consultation if you are comfortable with filling the forms yourself. I have no idea of the cost. Good luck.
http://isaacbrocksociety.com/
Mach7
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Post by Mach7 »

Netrover,

As far as i know, if she has signature authority on any of your accounts, then yes you must include these in your tabulation.

You also must consider her tax liability over the last 5 years...it think that as long as it is under 148k you are ok.

\So in summary, if her networth is 2 mil or greater with a tax liability of more than 148k over the last 5 years then you are a covered expat.

My advice would be to get her name off any and all of your accounts, (no signature authority) and make the calculation from there.
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