A Simple Unilateral Treaty Fix for Citizenship Taxation

January 29, 2026 - X Space - 2025 Taxpayer Advocate Report Discussing Americans Abroad

Speakers include: Dr. Laura Snyder Dr. Suzanne deTreville John Richardson Tim Smyth The Compliance Crisis: 2025 Report on Americans Abroad 1 source This transcript features a discussion among advocates regarding the 2025 National Taxpayer Advocate Report [https://taxpayeradvocate.irs.gov], which officially identifies the severe compliance burdens facing Americans living abroad as a major problem. The participants highlight how the U.S. citizenship-based taxation system creates “second-class citizens” who struggle with overwhelming reporting requirements, punitive penalties, and a lack of IRS support. A central focus is the report’s warning that the fear and frustration experienced by expats ultimately threatens the integrity of the entire U.S. tax system. The speakers emphasize the gross inequities of exit taxes, particularly regarding foreign pensions, which can make it financially impossible for many to either comply with the law or renounce their citizenship. Ultimately, the dialogue argues that the only true resolution is to separate citizenship from tax residency to end the extraterritorial reach of U.S. tax obligations. This is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit expatriationlaw.substack.com [https://expatriationlaw.substack.com?utm_medium=podcast&utm_campaign=CTA_1]

Is U.S. Citizenship A Right Or A Taxable Condition?

The Compliance Crisis: 2025 Report on Americans Abroad 1 source This transcript features a discussion among advocates regarding the 2025 National Taxpayer Advocate Report [https://taxpayeradvocate.irs.gov], which officially identifies the severe compliance burdens facing Americans living abroad as a major problem. The participants highlight how the U.S. citizenship-based taxation system creates “second-class citizens” who struggle with overwhelming reporting requirements, punitive penalties, and a lack of IRS support. A central focus is the report’s warning that the fear and frustration experienced by expats ultimately threatens the integrity of the entire U.S. tax system. The speakers emphasize the gross inequities of exit taxes, particularly regarding foreign pensions, which can make it financially impossible for many to either comply with the law or renounce their citizenship. Ultimately, the dialogue argues that the only true resolution is to separate citizenship from tax residency to end the extraterritorial reach of U.S. tax obligations. _________________________________________________________________ The report includes the following description of a hypothetical U.S. citizen abroad: “Sue, a U.S. citizen, has lived and worked in Australia for many years after marrying her Australian husband, Sam. As a dual citizen, Sue pays Australian income taxes on her wages but also remains subject to U.S. tax laws. They have been advised their income is always less than the foreign earned income exclusion. They have joint checking and savings accounts in an Australian bank, and on various paydays the combined balance of their joint accounts exceeds $10,000 USD. Sue participates in an Australian superannuation, a compulsory system for retirement savings. Three years ago, she inherited some stock shares from her Australian aunt, which she keeps in the same brokerage house that maintained her aunt’s account. Sue and Sam have not filed a U.S. income tax return or an FBAR. Sue eventually learns that because she is a U.S. citizen she must also file a U.S. tax return to report her Australian income, with Forms 3520, 3520-A, 8938, and 8621 (depending on the investment in the superannuation). They also must electronically file FinCEN Form 114 (FBAR) using FinCEN’s BSA E-Filing system. If they file tax returns, they may owe U.S. taxes and penalties thereon. They would also be subject to foreign trust penalties for failing to disclose Sue’s Australian pension plan, FATCA and FBAR penalties, and possibly foreign gift penalties for failure to disclose her Australian inheritance that is not subject to tax.” This is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit expatriationlaw.substack.com [https://expatriationlaw.substack.com?utm_medium=podcast&utm_campaign=CTA_1]

The Fortified Citizen: Afroyim v. Rusk and Dual Nationality

In a recent legal discussion, experts analyzed the landmark Supreme Court case Afroyim v. Rusk, which established that the government cannot strip a person of their citizenship without their specific intent to give it up. The speakers highlighted how this ruling provides constitutional protection for dual nationals, making it significantly harder for the state to involuntarily revoke an individual's status. They noted that while this protects those born or naturalized in the United States, the same level of security may not apply to citizens born abroad who rely on statutory laws. Consequently, the experts recommend obtaining dual citizenship from birth to maximize legal options and ensure long-term global mobility. They concluded that while citizenship remains a fundamental right, its practical security often depends on maintaining robust documentation and navigating bureaucratic gatekeepers. This is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit expatriationlaw.substack.com [https://expatriationlaw.substack.com?utm_medium=podcast&utm_campaign=CTA_1]

A Simple Unilateral Treaty Fix for Citizenship Taxation

This AI generated podcast is based on a SEAT post announcing our latest article published in Tax Notes. The article explains how President Trump’s pledge to end the double taxation of Americans abroad can be achieved by the U.S. waiving it’s “saving clause” rights under the treaty. https://seatnow.org/2025/10/06/a-simple-and-unilateral-treaty-fix-for-citizenship-taxation-richardson-snyder-and-alpert/ [https://seatnow.org/2025/10/06/a-simple-and-unilateral-treaty-fix-for-citizenship-taxation-richardson-snyder-and-alpert/] To test your knowledge of the concepts, check out the flashcards at: https://notebooklm.google.com/notebook/69edd0bf-f0b3-4855-b544-7f93b17485ea?artifactId=906feeb7-4ee8-40c7-b26e-a3edb8112701 [https://notebooklm.google.com/notebook/69edd0bf-f0b3-4855-b544-7f93b17485ea?artifactId=906feeb7-4ee8-40c7-b26e-a3edb8112701] Unilateral Treaty Fix for Citizenship Taxation 1 source The source argues for a unilateral treaty fix to mitigate the effects of U.S. citizenship taxation on Americans living abroad, particularly focusing on how this causes double taxation. The authors contend that the U.S. Treasury can achieve this by simply declining to use the “saving clause” in tax treaties, which currently reserves the U.S.’s right to tax its citizens as residents regardless of treaty provisions. If the Treasury refrains from invoking this clause, U.S. citizens could be treated as “treaty nonresidents” like Green Card holders, allowing them to benefit from the treaty’s residency “tie breaker” rules. This administrative action is proposed as a way for the President to fulfill a pledge to end the double taxation of expats without requiring legislative or formal regulatory changes. The text explains that the current system, supercharged by the saving clause, forces U.S. citizens abroad into dual tax residency, leading to worldwide taxation and complexity, often on non-U.S. source income. This is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit expatriationlaw.substack.com [https://expatriationlaw.substack.com?utm_medium=podcast&utm_campaign=CTA_1]

Unmasking the Saving Clause: Why Americans Abroad Face Guaranteed Double Taxation

Tim Symthe - @TpSmyth01 [https://www.x.com/tp] David Bindel - @DavidBindelTx [https://www.x.com/davidbindeltx] Dr. Suzanne DeTreville - @SDeTreville [https://www.x.com/sdetreville] John Richardson - Expatriation Law [https://substack.com/profile/91512372-expatriation-law] This podcast is largely based on a post that appeared on the SEAT site at: https://seatnow.org/2025/10/06/a-simple-and-unilateral-treaty-fix-for-citizenship-taxation-richardson-snyder-and-alpert/ [https://seatnow.org/2025/10/06/a-simple-and-unilateral-treaty-fix-for-citizenship-taxation-richardson-snyder-and-alpert/] “This episode examines the U.S. tax treaty “saving clause,” which lets the United States deny treaty residency tiebreaker benefits to U.S. citizens and effectively causes double taxation for Americans living abroad. Speakers discuss history, practical harms (FBAR, pensions, capital gains), and a proposed executive-branch remedy: simply choosing not to invoke the saving clause so expats can rely on treaty tiebreakers, plus legal and durability considerations.” This is a public episode. If you would like to discuss this with other subscribers or get access to bonus episodes, visit expatriationlaw.substack.com [https://expatriationlaw.substack.com?utm_medium=podcast&utm_campaign=CTA_1]