August 30, 2022
U.S. expats are all too aware of how difficult it can be to navigate the administrative hurdles posed by the Foreign Account Tax Compliance Act (FATCA), Passive Foreign Investment Company (PFIC) rules and other regulations when opening and managing investment accounts while living abroad. After overcoming the challenge of creating an account, U.S. expats are then faced with the tedious process of navigating the intricate interplay between U.S. and foreign country residence tax rules.
Due to these complexities, some U.S. expats have opted not to invest at all because these obstacles are so daunting. But disregarding the intricacies of investing may prevent one from reaching their financial objectives and optimizing their savings, when the truth of the matter is that U.S. citizens may still plan, save, and invest wisely and efficiently to meet their financial objectives. Here are four essential pointers for overcoming the difficulties of U.S. expat investment.
Finding a U.S. custodian that will allow U.S expats to open a brokerage account will be the first task. It is exceedingly difficult for U.S. related persons to establish non-U.S. investment accounts due to FATCA legislation which are also subject to additional U.S. reporting obligations.
Placing one’s assets in a U.S. based account has numerous benefits. The U.S. financial markets, which offer a broad variety of investment products, are the biggest and most liquid in the entire globe. You can avoid additional reporting hassles and the inherent error of engaging in a Passive Foreign Investment Company (PFIC), that can result in punitive taxes, penalties, and interest (up to 60 percent -70 percent tax rates on investment income), by making investments in the U.S. markets as opposed to foreign markets. U.S. expat investors should refrain from buying non-U.S. mutual funds, ETFs and other investments that may qualify as a PFIC.
But for many U.S. expats, opening a U.S. investment account is frequently their first obstacle. Due to worries about adhering to the regulations of the other country, several U.S. financial institutions and brokerage firms have stopped approving accounts set up with a foreign address. These worries have led numerous custodians to cancel American expats’ U.S. brokerage accounts and/or limit the services offered to non-U.S. residents.
Thankfully, a small number of American brokers still deal with Americans who reside abroad. While some will not set up an account directly for a client, others will collaborate with an advisory firm.
Understanding the tax laws of two different countries presents the biggest obstacle for American investors who reside abroad. The management of your U.S. expat investments will require careful consideration of a wide range of complex considerations, several of which include:
It’s vital to work with tax and financial experts that understand how U.S. rules coincide with the regulations of your resident nation as well as how to optimize those overlaps to decrease your tax burden and transfer fees.
Utilizing any existing tax treaties between the United States and your country of residency is essential to managing your U.S. expat investments efficiently and avoiding or minimizing double taxation. After you have created your U.S. investment accounts, spend some time learning about ways to minimize or even do away with your withholdings and tax obligations.
Localized wealth and tax consultants from countries including the United States frequently lack the expertise and knowledge required to understand the intricacies of cross-border tax and wealth management. Because they are focused on their local clients, foreign and local U.S. consultants who have never dealt with foreign investors are unlikely to be familiar with dealing with cross-border investment accounts and tax treaties.
Therefore, it is critical to assemble a group of knowledgeable advisors who are aware of the issues that are specific to the situation of an American expat. The following professionals ought to be on your team:
As fiduciaries, RIAs are required by law to always act in their clients’ best interest above all circumstances. On the other hand, commissioned brokers are not bound by a fiduciary duty to their clients and are free to charge commissions according to the products they sell.
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