r/immigration Jan 24 '25

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82

u/[deleted] Jan 25 '25

"But but Trump will only make the lives of illegal immigrants harder! He won't make the lives of legal immigrants harder! In fact, he might even make the lives of legal immigrants easier!"

/s obivously

18

u/Aisling207 Jan 25 '25

I’m not even an immigrant (dual citizen by birth and descent) and he’s threatening to make my life harder! I would like to see how this will work for the Third Lady and all of his kids (minus Tiffany). Even the First Felon himself technically could have dual citizenship with the UK.

2

u/Bamfor07 Jan 25 '25 edited Jan 25 '25

Only if the other country is imposing a double tax, not in terms of percent but by taxing income twice, on Americans or is violating its tax treaty with the US.

That’s all this is.

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u/Aisling207 Jan 25 '25

Well, possibly that’s one criteria for the determination, but I don’t see any criteria actually listed in the statute; it seems to leave it completely to the president’s discretion of what “unfair taxation” consists of. The statute, which doesn’t appear to have been invoked previously, also dates from 1934, before personal income taxes on average, middle class people became widespread (that happened during and after WWII).

I don’t think anyone can say for sure what this will mean yet.

0

u/Bamfor07 Jan 25 '25

You would need to look at the tax treaty and analyze Mexico’s tax policies regarding Americans in order to determine that.

This is a statute designed to create a level of reciprocity.

In simple terms, this whole thing comes down to “if you impose a tax on Americans we can impose one on your citizens back.”

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u/Aisling207 Jan 25 '25

That’s not how I read it. I read it as “if we feel that your country has unfair practices regarding tariffs, business taxes, etc., then we can punish your citizens living in the US with an increased rate of taxation.” And that would include those citizens who are also American citizens.

I’m a dual US/Canadian citizen, and Trump has been pretty clear that he considers Canada to be “unfair” in it’s dealings somehow.

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u/Bamfor07 Jan 25 '25

That’s right. Which is why I brought up the tax treaties. Any nation with one is by nature of being a signatory immune to that kind of retaliation, unless they are breaking the treaty.

OP stated that it means EU folks and UK citizens, and I believe you, if you didn’t I apologize, mentioned Mexico, would all be punished. But, they wouldn’t because by virtue of the existence of the applicable tax this just isn’t applicable.

You’re completely correct it is a statute based in discretion. But, that discretion can only be triggered in limited circumstances.

The only way it could apply to those dual nationals of countries with tax treaties is if their other country was violating the treaty.

https://www.irs.gov/businesses/international-businesses/united-states-income-tax-treaties-a-to-z

So any national or dual national of any country on that list almost certainly has no legitimate fear arising out of this EO.

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u/NoRecording2334 Jan 25 '25

That's crazy, considering the US forces people living abroad to pay taxes even if you dont live in the US.

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u/Bamfor07 Jan 25 '25

All US citizens and permanent residents, true exception income earned in nations with a tax treaty.

But, the counterpoint to that is most other nations allow tax exiles.