UPDATE BELOW:
I woke this morning at 4 a.m. PDT and, as is my wont, turned on ESPN. But the woman on ESPN was saying that many people were watching the royal wedding. Ooh, I thought, I forgot. So I turned to ABC and watched it for a while as I did my bicycle exercise. The worst part: a black U.S. minister, Michael Curry, who took full advantage of his 15 minutes of fame; he seemed to forget at times that the wedding wasn’t about his agenda and his views. (Although I loved Ben E. King’s “Stand by Me” that followed.)
As regular readers of this blog know, I tend to be a glass-half-full person. So here’s my optimistic take. When the new bride, Meghan Markle, finds out that she and her husband must file U.S. taxes every year and, if their U.S. tax liability exceeds their British tax liability, must pay the difference to the IRS, she will start lobbying for a long-overdue change to the U.S. tax law. Other long-suffering Americans who live abroad have pushed for this for years, but the push will gain renewed energy from Ms. Markle and from many of the American celebrities who attended.
Signs of change in an old English castle: Today’s wedding of Prince Harry and Meghan Markle nudges the British royal family into a new era.
So reads the little New York Times headline that just showed up on my phone.
My question, though, is “Will the wedding of Prince Harry and Meghan Markle nudge the U.S. government into a new era?” Grover Norquist and Patrick Gleason write:
This system of citizen-based taxation (CBT) is practically unique to the U.S., with only one other nation, Eritrea, sharing the same approach. In fact, it is a 150-year-old relic that started with an effort to tax Civil War draft dodgers who had fled to Canada.
You might think that since U.S. income taxes tend to be lower than taxes in foreign countries where most Americans living abroad live, the effect is small: it means the annual hassle of paying an account to do a 1040 form showing that the American abroad owes zero. So the American abroad pays somewhere between $200 and $2,000, depending on complexity, for a CPA to do the form.
But two things about that. First, it’s probably closer to $800 than to $200 and, for many people abroad, that’s not tiny. Second, whether they pay more depends strongly on the particulars of the foreign tax code and the U.S. tax code. Last summer I was talking to neighbors (neighbours?) at my cottage in Canada–she is an American ex pat and he is a natural-born citizen of Canada. They were venting about these facts and she was understandably hesitant to renounce her U.S. citizenship. I made the point above–it’s a hassle but it’s small. On the contrary, her husband said, the capital gains tax screws them. In Canada, you are taxed on 50% of your capital gains. That’s not the same as having 50% of your marginal tax rate apply to your capital gains, even though it sounds the same. Why? Enter the U.S. tax system. The United States has a lower tax rate on the full capital gain. So how do the U.S. tax authorities look at your capital gains in Canada when you file the U.S. 1040? You have to pay that lower tax rate on your whole capital gain. So if you’re in the 33% bracket in Canada and you have capital gains, your tax is 16.5% of the gain. But then when you go to file for the United States, your tax rate, if you’re in the top capital gains bracket, is 20%. He pointed out that some years he is in that bracket. (He owns a business and his income varies a lot from year to year.) The difference is 3.5 percentage points. So on a $40,000 capital gain, he will pay to the U.S. feds an additional 3.5% times $40K, which equals $1,400. Huge? No, but not tiny either.
There is one way that the U.S. government could respond to Ms. Markle’s and others’ entreaties: pass a special bill that exempts the royals but no others. Let’s hope they don’t settle for that.
UPDATE:
Commenter BC has graciously offered the following link that goes into these issues more and addresses some of the concerns I would have for Ms. Markle.
READER COMMENTS
Plato’s Revenge
May 19 2018 at 12:34pm
UNDERSTANDABLY hesitant to renounce US citizenship? Remind me as an outsider why it’s so understandable. In fact, I hear that it’s not uncommon
It’s one thing to hold on to the option of living (and working) in the US. That’s obviously big. But just holding on to the allegiance to an empire that has long ceased being a republic?..
In the same vein: how can Meghan of Windsor (or whatever her new name is) NOT renounce her US citizenship?
Vivian Darkbloom
May 19 2018 at 12:46pm
“When the new bride, Meghan Markle, finds out that she and her husband must file U.S. taxes every year and, if their U.S. tax liability exceeds their British tax liability, must pay the difference to the IRS, she will start lobbying for a long-overdue change to the U.S. tax law.”
That’s not quite correct. As an American citizen, Markle has to file a US tax return and report on that her worldwide income. That’s indeed a hassle and is often complicated. However, as a non-resident alien, Harry won’t have to unless they elect to file a joint US income tax return under IRC section 6013(g). That’s *very* unlikely to happen and passing a law to “exempt the royals” isn’t necessary to shield Harry from US tax on his non-US source, non-effectively connected income. I’m 100 percent sure Harry and his multitude of sophisticated advisors have been all through that.
Your US/Canadian neighbor friends may have previously made the “g” election because it allows them to file a joint tax return (and the attendant benefits of that filing status may outweigh the costs), or they simply don’t know what they are talking about. The latter is a very common phenomenon.
Vivian Darkbloom
May 19 2018 at 1:10pm
Another point:
It is also possible the Canadian half of that couple got a green card based on the spouse’s status to make it easier to enter and stay in the US for extended periods. That would make him a US resident alien who is treated like a US citizen for US tax purposes (absent a treaty “tie-breaker” residency claim under the US-Canada Treaty). As a resident alien, no “g” election is required to file a joint return.
There’s no reason Harry would want or need a green card. He’s almost certainly treated as a diplomat for any activities he may wish to carry out in the US. Article 19 of the US-UK Income Tax Treaty (Government Service) provides additional tax protection to him.
David R Henderson
May 19 2018 at 1:51pm
@Vivian Darkbloom,
However, as a non-resident alien, Harry won’t have to unless they elect to file a joint US income tax return under IRC section 6013(g).
Good point. I suspect she will have substantial income, though.
It is also possible the Canadian half of that couple got a green card based on the spouse’s status to make it easier to enter and stay in the US for extended periods.
He didn’t.
@Plato’s Revenge,
It’s one thing to hold on to the option of living (and working) in the US. That’s obviously big.
True. But you’ve missed another option: being able to come back to the United States and know, without doubt, that you cannot be prevented. They worry that the U.S. immigration people would look askance at her for renouncing.
Phil
May 19 2018 at 5:20pm
Frankly, David, you disappoint me with this. I thought the ceremony was a very beautiful blend of her culture and his. Have you ever attended a predominantly black church service? He was not self-serving at all.
Further, that comment has nothing to do with the main point of your post, so why bring it up?
Danno
May 19 2018 at 10:00pm
Small point but I thought the new Duchess was renouncing her U.S. citizenship. Would she be able to receive the title if she didn’t?
David R Henderson
May 20 2018 at 10:50am
Dear Phil,
I’m sorry to disappoint you. Various friends told me on Facebook that they actually liked his speech a lot. I kept going back to ESPN because the parts I saw didn’t seem to have anything to do with their marriage. But I should have persisted. Fortunately, I’ve DVRed it and I’ll look later. And no, I haven’t ever attended a predominantly black church service although there was one in my almost all-white neighborhood when I lived in Santa Monica, and I badly wanted to. I think my atheism got in the way.
Also, I agree that my comment is extraneous. I think I’ve picked up the “Facebook disease,” at least marginally: making catty comments on something rather than following Thumper’s mother’s advice.
David R Henderson
May 20 2018 at 10:52am
@Danno,
That would do it, wouldn’t it? And I doubt that she would have the fear my neighbor had: she would likely be welcomed by the immigration authorities whenever she came.
Alan Goldhammer
May 20 2018 at 2:09pm
Regarding Me. Markle’s income for U.S. tax purposes, we can only conjecture. She was written out of ‘Suits’ in the final episode several weeks ago and she may be more interested in doing charity work going forward. Her taxable income may prove to be negligible.
BC
May 20 2018 at 3:33pm
Even beyond the filing costs and taxes, there is an issue of privacy since Markle’s tax returns may at times reveal information about the Royal Family’s finances:
http://www.nydailynews.com/entertainment/gossip/confidential/meghan-markle-give-u-s-citizenship-avoid-tax-hassle-article-1.3939410
She may have to give up her US citizenship for the sake of the Royal Family, which may actually leave her countryless for some time because, apparently, it will take her several years to become an British citizen. Even with British citizenship as a backup, giving up American citizenship is a big deal, even if an outsider like Plato’s Revenge doesn’t understand why.
David R Henderson
May 20 2018 at 5:35pm
@BC,
Thanks much.
I’ve updated accordingly.
Vivian Darkbloom
May 21 2018 at 1:37am
“Even beyond the filing costs and taxes, there is an issue of privacy since Markle’s tax returns may at times reveal information about the Royal Family’s finances”
Under current law Markle’s US reporting obligations would not extend to Harry’s assets. As obliquely referenced in the article, the reporting of non-US bank accounts (under FinCen) would only apply to *joint* accounts over $10,000 (and, although not stated in the article, to those accounts over which Markle would have signature authority even if the account is not joint). The reporting under FinCen is largely duplicated under the FATCA (Foreign Account Tax Compliance Act) which requires reporting under IRS Form 8938 but for which the thresholds are higher. The reporting “problem” can be easily avoided or reduced to a minimum and should not reveal much at all about the “Royal’s finances”.
I live abroad and I’m subject to these rules myself and I often find them overly burdensome and some of them unnecessary. The tax laws often guarantee the worst of two worlds. Americans abroad don’t enjoy many of the “privileges” their domestic counterparts do (no Medicare coverage or subsidies for offshore health insurance, for example, even if massive premiums had previously been paid). That said, I’m not really all that concerned about the potential incursion into the “Royal’s finances” which are, in terms of scope and importance, a far cry from any joint accounts held by Markle and Harry. I would be much more concerned that reporting rules of this type with the attendant criminal penalties are abused by prosecutors to use technical violations to gain leverage over unwitting violators. I think we are currently seeing some of those “gotcha” tactics in the Mueller investigation.
Also, “the Royal’s finances” are a legitimate question of public scrutiny for the British (to the extent their finances are exposed to the British public, they are disclosed to the world). The same is true in the United States of senior public servants. “The Royals” receive massive amounts of public money to finance their royal operation and they receive other public subsidies, direct and indirect. As it now stands, the income of the “Royals” is not subject to UK income tax, although only recently “the Royals” agreed to make voluntary payments in lieu of tax*. Given the amount of public money “the Royals” consume and the subsidies and privileges they enjoy, one should expect their finances to be subject to a bit of public scrutiny.
*This raises interesting US tax issues potentially for Markle under US foreign tax credit rules, but this comment is already too long.
Harry Lewis
May 21 2018 at 9:55am
Parts of the British press have been confidently suggesting Prince Harry and Meghan Markle’s nuptials on Saturday will benefit the country’s economy to the tune of hundreds of millions of pounds. Retail spending is likely to get a lift from fans and well-wishers buying Royal Wedding souvenirs and food and drink for parties. When I wrote about this in my blog, guys from cheap essay writing service help me and it was a wonderful post. According to the council’s weekly footfall reports a total of 201,826 people passed through Windsor town center in the week beginning Monday 7 May, a 36.9 percent increase on the same week last year when 147,433 people were in town.
Robert EV
May 21 2018 at 11:29am
1) Without CBT, how do the beneficiaries pay for the services of the embassies when they need them (and this “service” includes having those services available on a contingency basis)? And if they don’t, then why should all the rest of us have to pay for them?
2) An article I read on Michael Curry’s speech is that it might add a much needed kick in the pants to the Anglican faith (writing this from the Anglican’s point of view).
3) “pass a special bill that exempts the royals but no others”
It blew my mind that this sort of law wasn’t unconstitutional. Something I learned today.
Dan
May 21 2018 at 12:40pm
“The worst part: a black U.S. minister, Michael Curry, who took full advantage of his 15 minutes of fame; he seemed to forget at times that the wedding wasn’t about his agenda and his views.”
This seems gross to me, David. I guess it’s good that you didn’t call Curry “uppity” or refer to him as “boy”, but it’s just kind of nasty and dismissive of someone who leads a major denomination. Especially given that we’re talking about an event where the other “big conversation” is about who has the silliest hat. It’s not like he was pulling a Joe Wilson or something.
You’re using your platform and a tie-in to this big popular event as a spring board to talk about something you apparently care deeply about – the US tax treatment of mixed national couples. Why is is it so awful that someone used his platform and this big popular event to talk about something that he cares deeply about?
Presumably the couple was involved in deciding who would officiate the wedding, and it seems unlikely that they were surprised by Curry’s remarks. I’m 100% sure that if they particularly cared about avoiding “drama”, they could have booked someone more traditional like https://www.youtube.com/watch?v=_bY0fdgpISc.
David R Henderson
May 21 2018 at 1:54pm
@Dan,
Thanks. As I said to Phil above, I agree that my comment was extraneous.
Maybe that takes you to thinking about “uppity” and “boy,” but, if so, that’s your issue, not mine.
Hazel Meade
May 21 2018 at 2:42pm
What does Michael Curry’s skin color have to do with anything?
I know plenty of white folk who are at least equally enamoured of their own agenda and ideas. Including ministers!
Mark Z
May 21 2018 at 7:10pm
Hazel,
I don’t know what David’s background is, but speaking from mine white/Hispanic Catholic masses (or Catholic-ish Episcopal masses) are much more scripted than black churches’, and even long winded or mildly opinionated homilies are generally disdained by the congregation.
Black churches tend to be different from predominantly white ones in many ways. I don’t think it’s necessarily racist to acknowledge this. I’m sure many black Protestants have understandably seen white masses as boring and uninspired compared to their own.
David R Henderson
May 22 2018 at 12:20am
@Hazel Meade,
What does Michael Curry’s skin color have to do with anything?
It doesn’t. I was writing this for people who saw the wedding. In my experience, people don’t remember names but do remember skin color. I was identifying him that way so that people would know whom I was talking about.
Gerald Arcuri
May 22 2018 at 4:46pm
Dave,
Reverend Curry’s over-long ( “windy” ) remarks at the royal wedding may, as some commenters have averred, been typical of a sermon in a black American church, but I, like you, found them off the mark for the occasion. He seemed to be playing to the audience and caught up in the “wonderfulness” of the event and his prominent role in it.
As for the contents of his remarks, they fit the “faux” liberal “Christian” mood of the entire opera. Harry, Megan, the royal family’s and the Queen’s commitment to traditional ( read “orthodox” ) Christian doctrine regarding marriage and sexuality is nil – as is the commitment of the modern Anglican and Episcopal churches. So, you get a sort of pastiche of a Christian marriage ceremony, overlaid with British pomp, and black culture. I’m surprised that no one sang the Beatles’ “All You Need is Love”. Because that’s what Murray’s claptrap amounted to. The vows were made with their fingers figuratively crossed behind their backs.
The royal wedding was nothing more than an exercise in infantile sentimentality. Kabuki theatre is more real.
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