Extraterritorial Taxation #5: Refuting the Rationales

SEAT Working Paper Series #2023/5 (June 5, 2023).

31 Pages Posted: 5 Jun 2023

See all articles by Laura Snyder

Laura Snyder

Association of Americans Resident Overseas (AARO); Stop Extraterritorial American Taxation (SEAT)

Date Written: June 5, 2023


This is the fifth in a series of sixteen papers about the U.S extraterritorial tax system.

There exist multiple rationales for the U.S. extraterritorial tax system. The rationales seek to explain why overseas Americans should be subject to worldwide taxation by the United States.

This paper challenges those rationales: The allegiance rationale is outmoded and has been rejected by the U.S. Supreme Court; the benefits rationale has been discredited; the membership in U.S. society rationale is belied by the exclusion of overseas Americans from critical beneficial aspects of the U.S. economy, the U.S. tax system, and federal assistance; the “worth the tax cost” rationale disregards human rights and the realities of renunciation of U.S. citizenship; and the administrability rationale ignores that the administration of an extraterritorial tax system requires resources beyond those required to determine domicile—resources the Internal Revenue Service does not have.

Ultimately, all the rationales are theoretical. They do not confront the reality of the actual extraterritorial tax system in place today. They do not contend with the full scope and complexity of the actual system, or the system’s multitude of intractable problems and injustices.

Keywords: Extraterritorial taxtion, Citizenship-Based Taxation, Residence-Based Taxation, Expatriation, Emigration, Citizenship, Overseas Americans, Allegiance, Consular Services, Evacuation, Right of Entry, Deportation, Banking Services, IRS, Human Rights, Renunciation of Citizenship

JEL Classification: D63, E62, F22, F54, G21; G23, H24, H30, H87, K34, N41, N42

Suggested Citation

Snyder, Laura, Extraterritorial Taxation #5: Refuting the Rationales (June 5, 2023). SEAT Working Paper Series #2023/5 (June 5, 2023)., Available at SSRN: https://ssrn.com/abstract=4465327 or http://dx.doi.org/10.2139/ssrn.4465327

Laura Snyder (Contact Author)

Association of Americans Resident Overseas (AARO) ( email )

4 rue de Chevreuse
Paris, 75006

Stop Extraterritorial American Taxation (SEAT) ( email )

Box 19602, Manulife P.O.
55 Bloor St. W.
Toronto, Ontario M4W 3T9

Do you have negative results from your research you’d like to share?

Paper statistics

Abstract Views
PlumX Metrics