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Rick Santorum’s Tax Plan


The only reason why I am mentioning this plan is the sheer ridiculousness of its foundation. In his editorial in the Wall Street Journal today, Santorum announces that he will pay for his tax plan by “repealing ObamaCare and all of its associated taxes.” That is patently absurd. No matter how much I may dislike Obamacare, the likelihood that it will be entirely repealed is slim to none. To stake an entire tax plan (flat tax at that) on something likely to be unattainable, is a bit foolish and naive.

You can read the plan below in its entirety:

Since 2007, 15,000 American factories have shut down and more than two million manufacturing jobs have been lost. Wages have flatlined; American families are struggling.

In every recovery since 1960, real GDP grew by 4% a year, according to a report from the Congressional Joint Economic Committee. The Obama-Biden policies have resulted in a paltry 2.3% annual growth since the recession ended in 2009. This growth gap has cost the country $5.4 trillion in lost economic output and 5.5 million fewer jobs than would have been expected during a normal recovery.

So what is Hillary Clinton’s vision to get the economy moving? She wants to slam investors with higher capital gains taxes. Bernie Sanders wants to raise the top personal-income tax rate to 90%.

Donald Trump’s plan to make America great again? He’s offering a complicated tax cut that the Tax Foundation reports will explode the deficit by more than $10 trillion over a decade. Are any Republicans offering serious, specific proposals to scrap the toxic tax code? Jeb Bush wants three rates. Marco Rubio wants two. Rand Paul has proposed a single rate and creating a European-style value-added tax.

America deserves better. That’s why, in my first 100 days as president, I will submit to Congress a comprehensive Economic Freedom Agenda that will abolish the existing tax code. Under “The 20/20 Flat Tax: A Clear Vision For America,” individuals will pay a simple, low 20% individual rate that will be applied to all streams of income. It eliminates the marriage penalty, death tax and alternative minimum tax. It will treat every American the same. No longer will savings and investment be penalized.

Individuals will receive a $2,750 credit, which will replace the standard deduction and personal exemption. The credit will be refundable and replace the Earned Income Tax Credit. The child tax credit will remain. For low- and middle-income workers, the provision will shield much of their basic wages from federal income taxes. They can keep more of what they earn.

In exchange for the refundable tax credit and low rate, itemized deductions will be eliminated, except for two. Charitable giving in any amount will be fully deductible, to affirm and encourage Americans’ generosity. Mortgage interest—up to $25,000 a year—will also be deductible, as a means of helping low- and middle-income workers buy and maintain their family home without subsidizing millionaires and billionaires.

Businesses too will benefit from a flat 20% tax rate. It will replace the current corporate income-tax rate of 39.1% that is only exceeded by Chad and the United Arab Emirates. An initial 0% tax rate on American manufacturers, phasing up to 20% over two years, will help make America the No. 1 manufacturer in the world again.

Companies will be allowed to deduct 100% of their capital costs in the first year. Full expensing will eliminate complicated depreciation schedules and encourage investment in new plants and equipment. To encourage American companies to bring revenues home and reinvest the $2.1 trillion in profits that have been parked overseas, my plan calls for a low 10% rate on business income that is repatriated.

I will eliminate the deductibility of interest and corporate welfare, including all carve-outs, loopholes and tax shelters. No more special deals and favors for the rich and powerful and their lawyers and lobbyists.

An analysis of my plan by the Tax Foundation found that GDP would rise by 10.2% above the Obama-Biden trajectory over 10 years. Capital investment would grow by almost 30% and wages would increase by 7.3%. More than 3.1 million additional jobs would be created beyond current projections.

I will pay for my plan by repealing ObamaCare and all of its associated taxes. My flat tax will reduce federal revenues by $1.1 trillion over 10 years, after accounting for increased GDP growth and job creation. But according to the Congressional Budget Office, repealing ObamaCare will reduce federal spending by $1.7 trillion over 10 years and increase economic growth by 0.7% annually.

Thus, the 20/20 Flat Tax will not increase the deficit. It will allow us to make needed reforms, such as the expansion of Health Savings Accounts, to give patients and doctors, not Washington bureaucrats, more freedom and control over their health care, and to expand coverage. The new tax code will also provide the resources needed to rebuild our military in an increasingly volatile world.

To maximize the country’s economic potential I will, on my first day in office, repeal each and every Obama-administration regulation that creates an economic burden of more than $100 million. The Keystone XL pipeline will be approved, and expanded production of domestic fuels will be encouraged, not hobbled by federal regulations.

As a U.S. senator I never voted for a tax increase, and the first two bills I co-sponsored were the Balanced Budget Amendment and the Line Item Veto. I always fought for bold tax cuts and government reform. My administration will be no different.

The stakes for America are too high for the GOP to nominate untested newcomers, first-term senators, or governors without proven national results. I offer Americans a clear conservative vision, serious plans for reform and the experience to get the job done.

Mr. Santorum, a former U.S. senator from Pennsylvania, is a Republican candidate for president.

Global Economy Now Affecting US Job Market


From the AP:

A sagging global economy has finally caught up with the United States.

Nervous employers pulled back on hiring in August and September as China’s economy slowed, global markets sank and foreigners bought fewer U.S. goods. Friday’s monthly jobs report from the government suggested that the U.S. economy, which has been outshining others around the world, may be weakening.

Lackluster growth overseas has reduced exports of U.S. factory goods and cut into the overseas profits of large companies. Canada, the largest U.S. trading partner, is in recession. China, the second-largest economy after the United States, is growing far more slowly. And emerging economies, from Brazil to Turkey, are straining to grow at all.

A result is that economists now expect the Federal Reserve to delay a long-awaited increase in interest rates, possibly until next year.

Employers added just 142,000 jobs in September, and the government sharply lowered its estimate of gains in July and August by a combined 59,000. Monthly job growth averaged a mediocre 167,000 in the July-September quarter, down from 231,000 in the April-June period.

The unemployment rate remained a low 5.1 percent, but only because many Americans have stopped looking for work and are no longer counted as unemployed. The proportion of adults who either have a job or are looking for one is at a 38-year low.

U.S. stock prices have tumbled as fears of a global slowdown have intensified. Volatile financial markets can make businesses too anxious to expand and hire.

“We’re back to a period of what I call corporate caution,” says Nariman Behravesh, chief economist at IHS. “It’s wait and see. If things stabilize, we could see hiring come back.”

On Friday, the Dow Jones industrial average fell about 200 points soon after the jobs report was issued before recovering to close up 200. The yield on the 10-year Treasury note dipped below 2 percent, a sign that investors anticipate sluggish growth and low inflation.

Over the past year, the dollar has risen about 15 percent against overseas currencies, making U.S. goods costlier overseas and imports cheaper. Declining exports have led many analysts to slash their growth estimates for the July-September quarter to a subpar 1.5 percent annual rate or less.

Heavy equipment maker Caterpillar has said it will cut up to 5,000 jobs by year’s end. Lower oil prices have hurt its sales of drilling equipment, and overseas sales of its construction machines have fallen.

Hershey has said it will shed 300 positions in the U.S. this year after sales in China plunged.

A host of other companies have announced layoffs in recent weeks, including Wal-Mart, the world’s largest retailer; ConAgra Foods, which makes Chef Boyardee and Slim Jims; and Chesapeake Energy, which has been hurt by lower oil prices.

The tepid pace of hiring clouds the picture for the Fed, which is considering whether to raise rates from record lows. Fed Chair Janet Yellen has said that the job market is nearly healed. But she’s also said she wants to see further hiring and pay growth for reassurance that inflation is edging toward the Fed’s 2 percent target. Average hourly wages are up just 2.2 percent in the past year – far below the 3.5 percent or 4 percent considered healthy.

Many economists now expect no rate hike until 2016, though some still think the Fed will begin raising rates in December – a step that would eventually send consumer and business borrowing rates up.

Some analysts, like Michael Gapen, chief U.S. economist at Barclays Capital, say they remain confident in the economy’s resilience. Gapen notes that the threats from overseas resemble earlier periods in the economic recovery when anxiety about Europe’s financial crisis slowed hiring and roiled U.S. markets.

He says he thinks underlying drivers of the U.S. economy are healthier now and can power through overseas pressures.

“The consumer is in much better shape, and the housing sector is in better shape,” Gapen said. “This is something that is more of a soft patch,” rather than a “meaningful recession risk.”

Some Americans are still willing to splurge out on pricey goods: Auto sales surged to the highest level in a decade last month, and sales of new homes reached a seven-year high in August.

The disparity between overseas weakness and solid consumer spending was evident in the September jobs report: Manufacturers shed jobs for a second straight month while retailers, restaurants and hotels all added positions.

Central banks in China and Europe could take further steps this year to stimulate growth. And most expect growth in Germany to pick up next year. That could lessen the threat from overseas.

Still, the sluggish growth of the U.S. labor force – the number of people either working or looking for work – poses a headwind for job growth. The aging population means more baby boomers are retiring.

The decline in the proportion of Americans in the workforce also signals that many remain discouraged about their job prospects. Modest growth and steady, if unspectacular, hiring haven’t encouraged lots more people to look for work.

Taxpayer Advocate Report: Some Say Filing Season Was “Worst In Memory”

Every summer, the Taxpayer Advocate releases one of two annual reports to Congress. The summer report is the “Annual Objectives Report” which seeks to identify and work on priority issues for the upcoming Fiscal Year. The Taxpayer Advocate, Nina Olson, had done a good job for years trying to look out for the people, especially the the IRS being in such a tumultuous state recently.

This year’s report had three top priorities:

1) Long-Term IRS Strategic Planning and Taxpayer Service

The NTA expresses concern that the IRS continues to view itself primarily as an enforcement agency, with taxpayer service receiving less emphasis. As the IRS undertakes the development of a concept of operations, the NTA urges the IRS to place primary emphasis on “meet[ing] the needs of the overwhelming majority of taxpayers who are trying to comply with the tax laws.”

2) Assisting Victims of Identity Theft-Related Refund Fraud

Taxpayer service also failed for victims of identity thieves—as the problem has grown worse and more IRS filters are catching more potentially fraudulent returns, victims often have to wait a half year or more to receive their refunds.

3) Administration of the Patient Protection and Affordable Care Act (ACA)

This past tax year added the challenge of dealing with the new provisions under the ACA–the Premium Tax Credit (PTC) and the Individual Shared Responsibility Payment (ISRP). The upcoming year will see more complexity, and TAS will focus on training its case advocates to better assist taxpayers, notably on ACA collection activities and the Employer Shared Responsibility provision.

In related topics, reflecting on the recently completed filing season, Olson states the IRS ran a generally successful filing season under difficult circumstances, but maintains that there was still a group of taxpayers for whom the filing season was “the worst in memory.”

You can read the full report here:

The IRS’s Growing Role as “Rules Interpreter”

A recent article by the National Review brought to light how the IRS has taken on the role of “rules interpretation” in recent years, which is beyond its scope as the nation’s tax collecting agency. The most notorious example of this new role is highlighted in the King vs Burwell case before the Supreme Court — where the IRS interpreted the language of Obamacare other than what was expressly written down as law. However, as the National Review discusses, the IRS has grown accustomed to interpreting law as it sees fit, without the oversight of Congress. Therein lies the problem.

With Burwell, the question being debated is over the letter of the law vs the spirit of the law. As Obamacare was written, tax subsidies were available for federal exchanges (letter of the law). As the IRS is the administrator, so to speak, of the subsidies, it interpreted that line of law to apply to all healthcare exchanges (spirit of the law) and ruled that subsidies were available for both federal and state exchanges, even though Obamacare never specified state exchanges, only federal. The federal government was sued, claiming that the IRS had not the power to administer subsidies beyond what was written, passed, and voted into law. SCOTUS will issue its ruling on the matter later this summer.

The question of rules interpretation is an interesting one. How much power, if any, does the IRS have in sorting out the minutiae of detail in the myriad of tax credits and subsidies that the tax code is riddled with?

The potential for abuse is certainly there. The National Review article focused on just one type of tax credit, the “production tax credit” (PTC) which applied to wind-energy producers, and all the changes the IRS made to the rules regarding this tax credit over the past few years:

*“In December 2012, Congress extended the production tax credit (PTC) to cover wind-energy producers who were in the beginning stages of construction by the subsidy’s cutoff date. The IRS clarified shortly thereafter that wind-farm projects would be able to receive the special tax giveaway if they spent as little as 5 percent of the construction costs.”

*“In April 2013, the IRS apparently decided the tax credit wasn’t large enough. So it simply raised the value of the PTC from $22 per megawatt-hour of electricity produced to $23 per megawatt-hour. Voilà — more federal spending courtesy of you, the taxpayer.”

*“In September 2013, the IRS went a step further. It expanded the PTC to cover wind-farm projects that generate power before the end of 2015, despite the fact that the PTC for all projects was set to expire at the end of 2013. The IRS also said in the notice that even projects that come online after that might still qualify; the agency intends to make decisions on a project-by-project basis.”

*“In August 2014, the IRS decided it would not only pay wind-energy developers for each megawatt-hour they produce. It would also allow them to sell a project — regardless of whether it was completed — and use the selling costs they incur to count toward qualifying for the PTC.”

*“The IRS also loosened its requirement that companies need to spend only 5 percent of construction costs to qualify. The agency said it would consider only the nature of the work (such as digging foundations, installing transformers, building roads), not the extent or the cost of the overall project. This more subjective standard gave the IRS even more leeway in doling out government subsidies.”

*In March 2015, the IRS loosened the PTC eligibility requirements yet again. The agency clarified what “begin construction” means. Under the new guidance, if a wind-project developer began construction on a new facility prior to January 1, 2015, and places the project in service before January 1, 2017, then the facility will be considered to be in progress for the purposes of receiving the PTC. This is regardless of the amount of physical work performed or the amount of costs paid or incurred within that amount of time.”

The PTC tax credit, between December 2012 and March 2015, had its rules significantly altered by the IRS. The crux of the issue, however, is the fact that this happened without any congressional oversight. The IRS workers, the ones making the decisions on these rules, are unelected, and accountable to no one. And yet, the changing of the tax credit affects the taxpayer. National Review notes, “While the PTC has historically averaged roughly $5 billion per year, the most recent one-year extension will cost taxpayers $13 billion.” That is an alarming expansion of taxpayer money just in this particular credit instance, without the approval of Congress.

This is also an effect of the larger problem of Congress using the tax code to pick winners and losers. Here, we have special tax credits to companies in order to push “green energy”. It is the essence of crony capitalism, where politicians trade favors and barters to support certain initiatives or restrict others via new taxes or credits. They’re basically all gimmicks to aid in reelection or pander to a portion of the electorate — and then we never get rid of all the tacked-on programs and policies because no one wants to give up their special initiatives.

The code has grown immensely complex. And now we have the IRS regularly going beyond its authority as well. The IRS must be reigned in from interpreter of law back to mere enforcer, as it goes about its business of tax collection. As such, Congress would also do well to reduce the amount of crony capitalism it engages in and stop playing games with our tax code.

How Much Each Taxpayer Owes Toward the Federal Debt

Forbes recently had a very good article which explores the US Federal Debt and how it affects economic growth. It also reviews government debt for the future, and its affect on the private sector and the debt-to-GDP ratio. Unfortunately, it doesn’t cover the entirety of US debt, which includes substantial entitlement obligations, but that’s probably fodder for another article entirely. If you want a decent primer on our federal debt — which translates into $154,161 each taxpayer owes towards it — read the article below.

The availability of credit in the U.S. was a major catalyst in the economic boom of the twentieth century. However, too much of a good thing can also be a problem. Is the U.S. too reliant on debt? Is the federal government mortgaging the future earnings of an entire generation? In this article, we’ll explore these and other issues as we take a look at the debt cycle in America.

The Impact of Debt on Economic Growth
In the early part of the twentieth century, if people didn’t have the money to purchase an item, they would save for it. With the introduction of credit terms, high-dollar items became much more affordable. It also changed the way we view debt. For example, rather than think of a new car in terms of its total price, we began to focus on the amount of the monthly payment. And, as the use of debt increased, the American standard of living rose with it. Excessive debt was also one of the primary catalysts for the economic boom of the 1980s, 1990s, and part of the 2000s. However, when debt is used in excess, it steals from the future since it must be repaid. This is because a dollar borrowed today necessitates that a dollar plus interest be repaid in the future. This reduces the amount of money available for future spending. If the amount of debt accumulated is significant and the period of accumulation is long, the required debt payments will negatively impact economic growth. What about government debt? How does it impact the future and the economy?

Government Debt and the Future
As I write this article, the federal government has accumulated $18.2 trillion of debt. In 2004, the federal debt was $7.3 trillion. This rose to $10 trillion when the housing bubble burst four years later. Today it exceeds $18 trillion and is projected to approach $21 trillion by 2019. When you break this down to an amount per taxpayer, the numbers are substantial. It has more than doubled over the past 11 years, rising from $72,051 per taxpayer in 2004 to $154,161 today. As the debt continues higher, the liability of every taxpayer is also rising. The change in the amount of the federal debt per taxpayer from 2004 to 2015 represents an average annual increase of 7.16%. This is much more than the average annual wage increase during the same period.

The Great Private Sector Extortion?
What problems might result from our fiscal failure? With the debt per taxpayer as high as it is, if the government continues to raise taxes on middle income earners and above, it will become increasingly difficult for many of these individuals to preserve their standard of living. This will result in a reduction of wealth that spans the entire income spectrum, excluding perhaps the super-rich. The difficulty will begin in the middle class and eventually creep toward the higher income earners if the debt problem persists. Why will this create difficulty? Because these individuals will be asked to pay higher taxes so the federal debt can be retired. It may be framed under a pretense of patriotism but will really be just another excuse to extract money from the private sector. As the private sector shrinks, economic activity will slow which will result in smaller wage increases. Therefore, these individuals will be squeezed from both ends (taxes and wages). This is one of the key reasons why the middle class is shrinking. It’s as if we’re all on the Titanic and people are continuing to sing and dance while the ship slowly sinks. Does the federal government have the ability to repay its debt? And, if it does today, what about in five or ten years? How difficult will it be then? Let’s address this question now.

The U.S. Debt-to-GDP Ratio
The debt-to GDP ratio compares the amount of the public debt to the size of the economy. For example, if GDP – which is the total of all goods and services produced in the U.S. – is $17.0 trillion and the debt is the same amount, the ratio would be 100%. As the debt rises beyond GDP, the ratio will exceed 100%. This indicates that the debt is greater than the total of what we produce. You might equate it to an individual’s debt-to-income ratio which helps lenders assess an individual’s ability to repay a loan. America’s debt-to-GDP ratio in 1980 was only 35.4%. Ten years later it was 57.7%. As you can see from the chart below, America’s debt-to-GDP ratio has continued to rise and today stands at 102.6%. Although this is not a staggering percentage, as an absolute number, $18.2 trillion in debt is very formidable.

Is the federal government getting in over its head? Will the mounting debt cause a financial hardship on Americans? As the debt continues to expand, the economy will continue to be sluggish, the tax burden will continue to grow, and the middle class will continue to shrink. If Washington doesn’t act soon, will the debt become an unmanageable burden? I believe the answer to this questions lies somewhere between “absolutely” and “very likely.” How bad could it get? It’s difficult to say. To change direction, however, we will need elected officials who are willing to put the needs of the country ahead of their own agenda. In other words, politics will have to take a back seat. You can be sure of this: You cannot circumvent the laws of economics. If we continue to accumulate debt, if we ignore the warning signs, if our officials maintain the status quo, there will be consequences. I only hope America realizes it before it’s too late.

More Burdensome Tax Compliance For Expats

If you are an American living abroad — dubbed an “expat” — you are still expected to pay income taxes and file income tax reports to the IRS. The United States is the only country in the world that has this requirement and it is mandatory until and unless one renounces citizenship.

Being an expat in recent years has become more difficult. In 2010, Congress passed FATCA, which was enacted as a means to find foreign accounts of US taxpayers (such as a Swiss bank account). Overseas banks must also report to the IRS any bank accounts held by Americans; this has led to the unintended consequence of many banks choosing not to service expats because of the additional headache for the particular financial institution.

And now compliance has become even more onerous for expats. The IRS has announced the permanent closing its three remaining walk-in offices at the U.S. embassies in London, Paris, and Frankfurt, by the end of the fiscal year. Taxpayers abroad are expected to use the internet for all their tax needs. But woe to the international taxpayer who makes a filing mistake; you can be sure that the IRS will levy hefty fines.

Furthermore, even more simple transactions will be impacted by the office closings:

“For foreign citizens who need an Individual Taxpayer Identification Number (ITIN) to do things like sell property in the U.S. or claim dependents on a U.S. tax return, the process could be even more difficult. Ms. Otto, the accountant, says that when she was based in France, foreigners could get an ITIN by getting a notarized copy of their passport and submitting that with an ITIN application to the IRS at the embassy locations abroad.

But now foreigners who need an ITIN have to mail their passport to an IRS office in the U.S. for verification. “What person in his right mind is going to mail his passport to the IRS?” she asks.”

The number of taxpayers living abroad has grown substantially in the last five years, with some estimates as much as a 50% increase. It is certainly not a time to reduce services to our overseas Americans. However, the IRS sees fit to protest budget cuts by doing that — just not just abroad, but in all facets of customer service to taxpayers.

*To get an idea of tax compliance for expats, check out this very good, comprehensive list of important forms below

Common Overseas Tax Forms

Form 2555 & 2555- EZ: These forms are for calculating your Foreign Earned Income Exclusion (FEIE) and to calculate your Foreign Housing Exclusion or Deduction. If you meet certain foreign residency requirements, you may be able to exclude up to $99,200 of earned income in 2014 and a portion of your foreign housing expenses from U.S. income tax. Note that this exclusion does not apply to self-employment taxes. If you are self-employed abroad, you are still subject to U.S. Social Security taxes unless you live in one of the 25 countries with which the U.S. has a Social Security Totalization Agreement. The FEIE is generally advantageous to use when income tax rates in the foreign country are lower than in the U.S. and/or your total earned income is below the exclusion threshold.

Form 1116: This is the Foreign Tax Credit form and it is used to claim a credit against your U.S. income tax for income taxes paid in the foreign country. This credit applies both to foreign earned income (wages, self-employment income, etc.) and unearned income (interest, dividends, capital gains, rents, etc.). This is generally the most beneficial form to use for residents of countries with high income tax rates, those with children eligible for the additional child tax credit and those interested in contributing to U.S. retirement plans (traditional and Roth IRAs, SEPs, solo 401(k)s, etc.)

FBAR Form FinCEN 114: This form is independent of the tax return and a separate filing requirement. The FBAR applies to any U.S. person who owns, has beneficial interest or signature authority over foreign financial accounts that exceed $10,000 in the aggregate in value at any time during the year. If you have any foreign bank accounts, this also has to be disclosed on Part III of Schedule B, whether the FBAR is required to be filed or not. FinCEN 114 must be e-filed and cannot be mailed, with the absolute filing deadline on June 30, with no extension possible.

Form 8938: This form, also known as the Fatca form, is used to report Specified Foreign Financial Assets and the income derived from them. There is some overlap with the FinCEN 114 Form (FBAR), but the filing thresholds are higher, and depend on the taxpayer’s residency and marriage status, with different thresholds for the highest value reached during the year and on the last day of the year. These thresholds range from a low of $50,000 to a high of $600,000.

Other Overseas Tax Forms

Not every tax preparer will be familiar with the forms described below. If any of these forms apply to your situation, you will need to make sure that your preparer is qualified to do the work. Many of these forms are quite complex and require special training to prepare. The IRS, for example, estimates that each Form 8621 requires almost 17 hours of record-keeping and more than 14 hours to prepare. These are the forms that are most commonly missed or filed with errors. The list that follows is illustrative and not comprehensive:

If you received a gift or inheritance from a foreign person, even though it will generally not be taxable in the U.S., depending on the amount, you may have to report it in Form 3520. This form is also used to report transactions that you had with foreign trusts. If you are grantor in a foreign trust, you are likely required to file Form 3520-A in addition to form 3520.

If you run your own business in a foreign country, you may have established a company to conduct your business. Depending on the entity’s classification for U.S. tax purposes, which will be a corporation by default or will depend on the classification election made through Form 8832, you may be required to file Form 8858 if the entity is disregarded; Form 5471 if the entity is classified as a corporation; or Form 8865 if classified as a partnership. Transactions between you and your foreign company may have to be reported on Form 926.

If you live in a country with which the U.S. has an income tax convention, you may be entitled to certain treaty benefits with respect to your foreign retirement accounts, re-sourcing of certain U.S. source income to avoid double taxation, taxation of foreign social security, etc. The treaty-based positions taken in your return may have to be disclosed in Form 8833.

If you have a brokerage account or other investments (including some foreign retirement accounts) in a foreign country, these investments may be classified as Passive Foreign Investment Companies or PFICs, which are subject to special tax rules that are generally unfavorable in nature. Most foreign mutual funds and ETFs are classified as PFICS. Each PFIC you own is reported on a separate Form 8621.
Other forms that could also apply to your situation include Form 5173: Transfer Certificate which is issued by the IRS upon the death of an American citizen overseas, and is a discharge form confirming that all taxes had been paid and which is often required by banks and brokerage firms to release funds to the estate; Form 5472 for certain U.S. corporations with 25% foreign ownership and certain foreign corporations engaged in a U.S. trade or business; and Form 720, Quarterly Excise Tax Return, to report and pay excise taxes on certain foreign life insurance premiums.

Common Tax Forms – With Some Overseas Components

The following forms are common for U.S. taxpayers but also have some international elements to be aware of:

1040: Ultimately all of your income (foreign and domestic) should end up on your form 1040. Americans married to non-Americans may be able to us the Head of Household filing status instead of married filing separately. In some cases adding a non-citizen spouse (and their income and assets) to the U.S. tax return can be beneficial. All dependents on the return, must have a U.S. tax ID number.
1040: – Schedule A: Some expenses related to being overseas may be able to be claimed as itemized expenses such as certain foreign taxes, certain moving expenses and travel, mortgage interest, medical and dental expenses etc.

1040: – Schedule B: Part III of Schedule B has information related to foreign trusts and foreign bank accounts. Make sure you check these correctly.

1040: – Schedule C. If you live overseas and are self-employed, you will still have to file a Schedule C. You may be subject to U.S. Social Security though Totalization Agreements may negate the need for paying into U.S. Social Security. You will also generally be able to contribute to a U.S. solo 401(k) or SEP IRA but these may not be tax-deferred in the country where you live and work.

For more information about overseas tax returns, you should check the IRS’s website, which has thousands of pages for your reading pleasure in a section dedicated to International Taxpayers. A good starting point for any new overseas American is Publication 54: Tax Guide for US Citizens and Resident Aliens Abroad.

Some Incorrect Obamacare Forms are Still Incorrect

Roughly 2 weeks ago, I wrote about the IRS sending out corrected tax forms for the 820,000 Obamacare users who received incorrect 1095As in late January. On March 22, it was reported that, “Federal officials said on a Friday press call that about 740,000 corrected forms have been mailed out or can be downloaded from the HealthCare.gov site. About 80,000 corrected forms will be mailed and available online next week”

However, it is apparent that the IRS still has not fixed those users who remain in tax limbo right now, because it was announced that those still affected with incorrect forms are eligible now for an extension until October 15 — but only if they request it.

Those other 740,000 users who didn’t receive their correct forms until the third week of March are not eligible for the extension, but instead have to scramble to get their taxes filed by April 15th. These users were delayed an additional 7 weeks after the government failed to send them their correct 1095As on time (January 31). The 1095A is the proof of insurance for tax forms, and is necessary to calculate whether or not the proper subsidy amount was given in 2014.

The kicker here is that a person must know that he or she needs to request the tax extension. Otherwise, they will still responsible to have their taxes filed for April 15th.

This is nearly as absurd as the scenario that is unfolding with the Obamacare users who are both uninsured and do not make enough income that requires them to file taxes. In order to claim the penalty exemption based on lack of adequate income…they must file a tax return. And what if they don’t know to do so? If they do not claim their exemption, they will be on the hook for the “shared responsibility” payment and “are likely to get hit with an unexpected tax bill later on.”

Obamacare continues to be an onerous, burdensome mess for this country.

Obamacare Tax Compliance May Be An Issue For the Poorest

This year is the first year for which proof of health insurance, or payment of the “shared responsibility” tax/fee/penalty, is required to be accounted for on one’s tax return. But what happens when a person does not meet the income threshold to actually have to file their taxes?

The Weekly Standard points out that a conundrum exists for the poor. Under Obamacare rules, the economically disadvantaged,

“can get an income-based exemption if ‘you don’t have to file a tax return because your income is below the level that requires you to file.’ Sounds simple enough, right? Until further investigation reveals that this exemption is claimed directly on the tax return. That’s right – the tax return you’re not required to file.”

So the fate of those who are uninsured and also do not file? If they do not claim their exemption, they will be on the hook for the “shared responsibility” payment and “are likely to get hit with an unexpected tax bill later on.” That is sloppy at best and egregious at worst.

Obamacare purports to help those who, economically, are the least among us. The law provides financial help to purchase healthcare for the poor, or a path of exemption for those who cannot afford healthcare or the uninsured penalty. Yet it fails to provide a mechanism of compliance for those who among us who are too poor to pay taxes and the penalty. In this regard, Obamacare falls short of its most basic goals — and will wreak tax havoc in the future for those poorest ensnared by this deficiency.

A Very, Merry (Un)birthday to Obamacare

March 23, 2010: Obamacare was signed into law by President Obama. How have we fared since then? Sally Pipes over at NYDailyNews gives a good overview of how Obamacare has failed to live up to its expectations.

“Obamacare turns five years old today. But there’s little to celebrate.

When he signed his signature piece of legislation into law, President Obama guaranteed lower health-care costs, universal coverage and higher-quality care. Americans wouldn’t have to change their doctors if they didn’t want to. Five years later, the health law has failed to fulfill those grandiose promises.

“In the Obama administration,” candidate Obama boasted in 2008, “we’ll lower premiums by up to $2,500 for a typical family in a year.”

Not quite. A recent report from the National Bureau of Economic Research examined the non-group marketplace, where families and individuals who don’t get coverage through work shop for insurance. The report concluded that 2014 premiums were 24.4% higher than they would have been without Obamacare.

On Obamacare’s third birthday, the White House reassured Americans the law would protect vulnerable patient populations from increases in drug prices.

“Preventing them from being charged more because of a pre-existing condition or getting fewer benefits like mental health services or prescription drugs,” was a key purpose of the law, explained the White House.

Instead, drug costs for these patients have skyrocketed. The majority of health plans on the exchanges have shifted costs for expensive medications onto patients.

In 2015, more than 40% of all “silver” exchange plans — the most commonly purchased — are charging patients 30% or more of the total cost of their specialty drugs. Only 27% of silver plans did so last year.

Part of the problem is that Obamacare has quashed competition.

The president promised in 2013 that “this law means more choice, more competition, lower costs for millions of Americans.” But that hasn’t turned out to be true. According to the Heritage Foundation, the number of insurers selling to individual consumers in the exchanges this year is 21.5% less than the number on the market in 2013 — the year before the law took effect.

The Government Accountability Office reports that insurers have left the market in droves. In 2013, 1,232 carriers offered insurance coverage in the individual market. By 2015, that number had shrunk to 310.

A man looks over the Affordable Care Act (commonly known as Obamacare) signup page on the HealthCare.gov website in New York in this October 2, 2013 photo illustration.
As competition in the exchanges declines, so does quality — just like Obama inadvertently predicted in 2013, when he said: “without competition, the price of insurance goes up and the quality goes down.”

Consumers who purchase insurance on the law’s exchanges have fewer options than they had pre-Obamacare. McKinsey & Co. noted that roughly two-thirds of the hospital networks available on the exchanges were either “narrow” or “ultra-narrow.” That means that these insurance plans refuse to partner with at least 30% of the area’s hospitals. Other plans exclude more than 70%.

Patients may also have fewer doctors to pick from. More than 60% of doctors plan to retire earlier than anticipated — by 2016 or sooner, according to Deloitte. The Physicians Foundation reported in the fall that nearly half of the 20,000 doctors who responded to their survey — especially those with more experience — considered Obamacare’s reforms a failure.

The Obama administration claims the health-care law has been a success because millions have gained insurance coverage. But that coverage is worthless if they can’t find a doctor or hospital who will see them.

Further, as many as 89% of the Americans who signed up for Obamacare when the exchanges opened in 2013 already had insurance. In other words, many exchange enrollees simply switched from one plan to another.

And the law is set to cover far fewer people than initially promised. In March 2011, the Congressional Budget Office forecast that 34 million uninsured would gain insurance thanks to Obamacare by 2021. But this month, the agency revised that estimate to 25 million obtaining coverage by 2025.

Covering those people isn’t cheap. This month, the CBO estimated the law’s 10-year cost will reach $1.2 trillion — a far cry from the President’s initial promise of $940 billion.

So much for President Obama’s five-year-old declaration that he would not sign a plan that “adds one dime to our deficits — either now or in the future.”

Time and again, Obama has been proven wrong about what his health law would accomplish. Quality hasn’t improved, and costs continue to grow out of control. So far at least, that’s Obamacare’s legacy.”

Incorrect 1095A Forms Are Finally Being Corrected — Nearly 2 Months Later

There have been many reports about incorrect 1095A forms being sent out. The 1095A (the Health Insurance Marketplace Statement), is the form that the government sends you if you enrolled in an Obamacare plan last year, and is your proof of insurance. This form is necessary in order to fill out your 8562 worksheet on your 2014 tax form. For more about the 1095A, go here and here .

Considering that only 6.7 million people enrolled in and paid for an Obamacare plan in 2014 (after adjusting for counting dental plans), it’s pretty terrible that the Administration sent out about 820,000 incorrect 1095A forms; that’s about 12-13% of all enrollees.

The original forms were supposed to arrive in everyone’s mailbox by January 31st (like W-2s and 1099s), but then the Administration pushed that arrival date into the first week of February. Now we are in the 3rd week of March. All the people who have incorrect 1095As have been delayed in filing their taxes.

But, a correction is near!

“Federal officials said on a Friday press call that about 740,000 corrected forms have been mailed out or can be downloaded from the HealthCare.gov site. About 80,000 corrected forms will be mailed and available online next week, they said.

Consumers who already filed their tax returns using the incorrect forms provided though state or federal exchanges won’t be required to file amended forms, and the Internal Revenue Service won’t assess additional taxes, said Mark Mazur, the Treasury Department’s assistant secretary for tax policy.

The Obama administration may re-evaluate filing extensions because of the incorrect forms, but at this time, April 15 is the end of tax-filing season based on statute, officials said.”

So all these people have had to wait an additional 7-8 weeks for a correct 1095A form that they are required by the federal government to have in order to correctly calculate their “Premium Tax Form” (Form 8562) on their 2014 taxes, because the federal government screwed up their forms in the first place. Now they have to scramble to finish their taxes by April 15th.

Good luck to the Obamacare victims.