2011-10-03
New Brunswick’s Premier (a premier is a province's head of government, much like a governor of a state in the U.S.), David Alward, recently announced that he is filing U.S. tax returns back to 2003. Alward is a dual U.S./Canadian citizen. He was born in Massachusetts, but has not resided in the U.S. since he was quite young.
An article by the Telegraph-Journal mistakenly attributes Alward’s current need to file U.S. tax returns with the Foreign Account Tax Compliance Act (FATCA), enacted in 2010 as part of the Hiring Incentives to Restore Employment. The Premier, as a U.S. citizen, is obligated to file U.S. tax returns just as any other U.S. citizen.
Sometimes taxpayers living outside the U.S. are under the impression that they only need to file U.S. tax returns if they reside in the U.S. or if they have U.S. source income. Although this would be correct for most other countries (most other countries tax based on residency), the U.S. is an exception. All U.S. citizens, regardless of where they live and regardless of whether they may also be citizens of other countries, are subject to U.S. tax on their worldwide income.
Double taxation can typically be avoided through foreign tax credits and/or income tax treaties. However, in some instances, double taxation can result.