Don't Blame the Victims: Individuals and the MRT

182 Tax Notes Fed. 1617 (Feb. 26, 2024).

11 Pages Posted: 2 Apr 2024

See all articles by Karen Alpert

Karen Alpert

University of Queensland - Business School; Financial Research Network (FIRN)

John Richardson

Citizenship Solutions; Stop Extraterritorial American Taxation (SEAT)

Laura Snyder

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

Date Written: February 26, 2024

Abstract

Moore v. United States has garnered a lot of attention. This includes commentary asserting both that (i) few individuals were subject to the Mandatory Repatriation Tax (MRT), and (ii) the few that were at fault for any damages they suffered - there were steps they could and should have taken to avoid being subject to the MRT.

The MRT had devastating effects for Americans living and operating small businesses outside the United States. This paper: (i) demonstrates that the MRT affected more individuals than multinational corporations, and (ii) explains why there was little that Americans living and operating small businesses outside the United States could have done to avoid the damages inflicted on them by the MRT.

Ultimately, it is time to stop using U.S. tax policies to punish American nationals for living outside the United States, and it is time to stop blaming them for the punishment - such as the MRT - inflicted on them.

Keywords: Mandatory Repatriation Tax, Transition Tax, Tax Cuts and Jobs Act, Controlled Foreign Corporations, S Corporations, Constitutional Rights, Human Rights, Equal Protection, Citizenship-based Taxation

JEL Classification: D63, F22, F23, G34, G38, H24, H25, K19, K34, K37

Suggested Citation

Alpert, Karen and Richardson, John and Snyder, Laura, Don't Blame the Victims: Individuals and the MRT (February 26, 2024). 182 Tax Notes Fed. 1617 (Feb. 26, 2024)., Available at SSRN: https://ssrn.com/abstract=4749890

Karen Alpert

University of Queensland - Business School ( email )

Brisbane, Queensland 4072
Australia

Financial Research Network (FIRN) ( email )

C/- University of Queensland Business School
St Lucia, 4071 Brisbane
Queensland
Australia

John Richardson

Citizenship Solutions ( email )

Box 19602, Manulife P.O.
55 Bloor St. W.
Toronto, Ontario M4W 3T9
Canada
6478607737 (Phone)

HOME PAGE: http://www.citizenshipsolutions.ca

Stop Extraterritorial American Taxation (SEAT) ( email )

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

HOME PAGE: http://www.SEATNow.org

Laura Snyder (Contact Author)

Association of Americans Resident Overseas (AARO) ( email )

4 rue de Chevreuse
Paris, 75006
France

Stop Extraterritorial American Taxation (SEAT) ( email )

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

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

Paper statistics

Downloads
849
Abstract Views
1,325
Rank
53,602
PlumX Metrics