In this episode, Aidan Grant is joined by Daniel Jaffe, Managing Partner at Jaffe & Co, to peel back the layers of the often-overlooked tax responsibilities that come with expat life.
We explore the crucial question of who actually needs to file US tax returns while living in the UK and why overlooking this duty can lead to significant consequences. From income thresholds and foreign bank account reporting to the special case of “accidental Americans,” this episode provides clarity on this complex topic, and clears up common misconceptions and streamline the path to compliance.
Daniel shares insights into Foreign Bank Account Report (FBAR) requirements and the intricacies of reporting foreign financial accounts, highlighting that while these reports are informational, understanding and adhering to them is crucial for avoiding complications. Highlighting the unique challenges faced by green card holders and those inheriting US retirement accounts while abroad, providing real-life examples and expert insights to guide you through the labyrinth of international tax compliance.
As tax season looms, navigating the maze of deadlines and strategies can feel overwhelming, especially when juggling obligations on both sides of the Atlantic. We break down the important deadlines US taxpayers in the UK should mark on their calendars, like April 15th and December 31st, to maximize foreign tax credits and ensure timely compliance. With insights on choosing between cash and accrued basis for tax credits, this episode is packed with practical advice for US expats aiming to optimize their tax filings.
Whether you’re a seasoned expat or new to living abroad, this episode offers valuable guidance to ensure you’re on the right side of tax law.
Key Takeaways:
Every US citizen (and green card holder) is a US taxpayer, regardless of where they live or the duration of their residence outside the US. This includes taxation on worldwide income. Being physically outside the US does not exempt anyone from IRS reporting obligations or compliance.
Accidental Americans or those unaware of their tax obligations can use the “Streamlined Foreign Offshore Procedures” to become IRS compliant. This involves filing the last three years’ federal tax returns and the last six years’ Foreign Bank Account Reports (FBARs). This process is specifically available for non-willful noncompliance (e.g., due to inadvertence or misunderstanding).
All US persons must file FBARs (Foreign Bank Account Reports) if the total value of their foreign financial accounts exceeds $10,000 at any point during the year. This requirement applies broadly to bank accounts, pensions, ISAs, savings accounts, and even accounts held in a trustee or managerial capacity. Non-compliance carries significant potential penalties.
The US-UK tax treaty allows taxpayers living in the UK to claim foreign tax credits on their US tax returns for UK taxes paid. Coordinating tax payments correctly between UK HMRC and the US IRS is critical to avoid penalties and unexpected liabilities. Timing issues, such as paying UK taxes before December 31st to align with the US tax calendar, can help optimize foreign tax credit claims.
Cases involving unique income sources (e.g., ISAs, UK pensions, capital gains) or situations where tax was paid to the wrong jurisdiction (e.g., US versus HMRC) require specialist advice. Professionals can assist with tailored strategies to address compliance, minimize liabilities, and navigate international tax treaties effectively.
Chapters:
02:31 – Understanding US and UK Tax Filing Requirements 08:51 – Understanding Tax Filing Obligations for US Citizens in the UK 20:15 – Understanding Foreign Tax Credits and Reporting 28:26 – Understanding Accidental Americans and Tax Obligations 33:30 – Understanding Tax Filing Obligations for Green Card Holders and Compliance Procedures 40:01 – Navigating Tax Compliance Across Borders 46:31 – The Importance of Compliance in International Taxation
Disclaimer: This content is provided for general information only and does not constitute legal or other professional advice. Appropriate legal or other professional opinion should be taken before taking or omitting to take any action in respect of any specific problem. Collyer Bristow LLP accepts no liability for any loss or damage which may arise from reliance on information contained in this material.
Decoding the FBAR and a lot more: Key Requirements for US Citizens Abroad with Daniel Jaffe
In this episode, Aidan Grant is joined by Daniel Jaffe, Managing Partner at Jaffe & Co, to peel back the layers of the often-overlooked tax responsibilities that come with expat life.
Published 28 April 2025
INTERNATIONAL TRUSTS, TAX AND ESTATE PLANNING & PRIVATE WEALTH & TAX & ESTATE PLANNING & UK/USA TAX & ESTATE PLANNING & UK/USA TAX & ESTATE PLANNING
In this episode, Aidan Grant is joined by Daniel Jaffe, Managing Partner at Jaffe & Co, to peel back the layers of the often-overlooked tax responsibilities that come with expat life.
We explore the crucial question of who actually needs to file US tax returns while living in the UK and why overlooking this duty can lead to significant consequences. From income thresholds and foreign bank account reporting to the special case of “accidental Americans,” this episode provides clarity on this complex topic, and clears up common misconceptions and streamline the path to compliance.
Daniel shares insights into Foreign Bank Account Report (FBAR) requirements and the intricacies of reporting foreign financial accounts, highlighting that while these reports are informational, understanding and adhering to them is crucial for avoiding complications. Highlighting the unique challenges faced by green card holders and those inheriting US retirement accounts while abroad, providing real-life examples and expert insights to guide you through the labyrinth of international tax compliance.
As tax season looms, navigating the maze of deadlines and strategies can feel overwhelming, especially when juggling obligations on both sides of the Atlantic. We break down the important deadlines US taxpayers in the UK should mark on their calendars, like April 15th and December 31st, to maximize foreign tax credits and ensure timely compliance. With insights on choosing between cash and accrued basis for tax credits, this episode is packed with practical advice for US expats aiming to optimize their tax filings.
Whether you’re a seasoned expat or new to living abroad, this episode offers valuable guidance to ensure you’re on the right side of tax law.
Key Takeaways:
Every US citizen (and green card holder) is a US taxpayer, regardless of where they live or the duration of their residence outside the US. This includes taxation on worldwide income. Being physically outside the US does not exempt anyone from IRS reporting obligations or compliance.
Accidental Americans or those unaware of their tax obligations can use the “Streamlined Foreign Offshore Procedures” to become IRS compliant. This involves filing the last three years’ federal tax returns and the last six years’ Foreign Bank Account Reports (FBARs). This process is specifically available for non-willful noncompliance (e.g., due to inadvertence or misunderstanding).
All US persons must file FBARs (Foreign Bank Account Reports) if the total value of their foreign financial accounts exceeds $10,000 at any point during the year. This requirement applies broadly to bank accounts, pensions, ISAs, savings accounts, and even accounts held in a trustee or managerial capacity. Non-compliance carries significant potential penalties.
The US-UK tax treaty allows taxpayers living in the UK to claim foreign tax credits on their US tax returns for UK taxes paid. Coordinating tax payments correctly between UK HMRC and the US IRS is critical to avoid penalties and unexpected liabilities. Timing issues, such as paying UK taxes before December 31st to align with the US tax calendar, can help optimize foreign tax credit claims.
Cases involving unique income sources (e.g., ISAs, UK pensions, capital gains) or situations where tax was paid to the wrong jurisdiction (e.g., US versus HMRC) require specialist advice. Professionals can assist with tailored strategies to address compliance, minimize liabilities, and navigate international tax treaties effectively.
Chapters:
02:31 – Understanding US and UK Tax Filing Requirements 08:51 – Understanding Tax Filing Obligations for US Citizens in the UK 20:15 – Understanding Foreign Tax Credits and Reporting 28:26 – Understanding Accidental Americans and Tax Obligations 33:30 – Understanding Tax Filing Obligations for Green Card Holders and Compliance Procedures 40:01 – Navigating Tax Compliance Across Borders 46:31 – The Importance of Compliance in International Taxation
Please note that Collyer Bristow provides this service during office hours for general information and enquiries only and that no legal or other professional advice will be provided over the WhatsApp platform. Please also note that if you choose to use this platform your personal data is likely to be processed outside the UK and EEA, including in the US. Appropriate legal or other professional opinion should be taken before taking or omitting to take any action in respect of any specific problem. Collyer Bristow LLP accepts no liability for any loss or damage which may arise from reliance on information provided. All information will be deleted immediately upon completion of a conversation.
CB Checkpoint: Optimising your key business documentation, policies & procedures.
There are a number of key policies, procedures and documents your business should keep up to date, to be both legally protected and in preparation for investment or exit.
Collyer Bristow’s ‘CB Checkpoint’ team will give your business a full check-over, reviewing your key documentation and advising on any changes that are suggested or required. We will deliver a full report of our findings and offer support, should you need it, to ensure legal protection for your business, its assets, and ultimately its reputation.
CB Checkpoint: Optimising your key business documentation, policies & procedures.
There are a number of key policies, procedures and documents your business should keep up to date, to be both legally protected and in preparation for investment or exit.
Collyer Bristow’s ‘CB Checkpoint’ team will give your business a full check-over, reviewing your key documentation and advising on any changes that are suggested or required. We will deliver a full report of our findings and offer support, should you need it, to ensure legal protection for your business, its assets, and ultimately its reputation.
CB Comply: Data protection training
Collyer Bristow’s Data Privacy team offers live, interactive, engaging and practical training sessions on a variety of privacy-related topics.
Important change in Employment law
From 26 October 2024, employers have a new legal obligation to “take reasonable steps” to proactively prevent sexual harassment in the workplace.
Employers facing a sexual harassment claim will need to demonstrate the targeted measures they have implemented to comply with this new positive duty. Failure to comply may open employers up to both financial and reputational risks. Key measures include training staff and policy review/implementation.
Collyer Bristow's bespoke training is delivered by our experienced Employment lawyers in an engaging and informative way designed to ensure all employees in your organisation have a clear understanding of the new law (and the implications of it) to help you manage and prevent sexual harassment occurring in the workplace. We can then also review and/or draft all necessary policies and contracts, including those for clients and customers.
We work with clients across a vast range of industries supporting them through the full range of disputes. We provide dynamic and tailored strategies to get them back on track and focused on the day-to-day activities required for success.
CB Clarity: Pre and post nuptial agreement services
The purpose of a nuptial agreement is to agree a fair financial settlement between a couple in the event they get divorced/the civil partnership is dissolved, and it seeks to protect any pre- acquired assets such as inheritance, businesses or property and also seeks to deal with any future inheritance. Put simply, pre and post- nuptial agreements help to provide security, clarity and certainty in the future, for both parties.
CB Entrust: The personalised will writing service from Collyer Bristow
CB Entrust is not an off the shelf will such as those available on the high street, but a fixed price expert approach to writing one of the most significant documents of your life.
We work with property owners, investors, developers, funders and both landlords and tenants on the financing, growth, management and disposal of their property and portfolios.
We recognise that as each family office is unique in terms of culture, structure and scope, it is crucial to work with a multi-disciplinary team of trusted advisers with the ability to provide you with pragmatic and truly bespoke advice.
Our multi-disciplinary team has extensive experience advising clients on managing their investment portfolio whether this covers real estate, heritage property or private equity. When it comes to deploying capital, we take a commercial approach whilst striving to minimise the risk involved.
Helping those in the financial sector respond rapidly to market changes.
Now more than ever, your business needs to work with a legal team with a deep understanding of the changing financial markets which can provide you with practical, incisive guidance. Our work ranges from corporate finance, lending, and restructuring, to funding, regulation, high-value banking litigation and complex claims against financial institutions.
ENSURING THE BEST OUTCOME FOR BOTH SIDES OF THE TABLE.
Whether you are an investor or dealing with a private equity fund, our team delivers tailored solutions with a commitment to ensuring the best possible outcome for both sides of the table.
SUPPORTING THE ENGINE OF GLOBAL COMMERCE & INDUSTRY.
We have a long history of supporting the manufacturing and logistics sectors. Our clients come from such diverse sub-sectors as FMCG, automotive, medical devices, digital technology, food & drink, construction, beauty and fashion. Whether you source or process raw materials, manufacture parts or products, or transport and store the goods, we have the sector and legal expertise you need.
Across our various specialisms we work with clients and contacts based in countries all around the world. However as a firm we maintain a particular focus upon; have a cultural awareness and language expertise in; and have built considerable professional contacts in Italy, USA, Turkey, Channel Islands, and Switzerland.
All of us have at least part of our lives online and in digital assets such as emails, social media profiles, cryptocurrency and online bank accounts, to name just a few. The law recognises that digital assets can be owned. However, there is no consistency between assets and you may find that some of your most valuable assets are mere licences to use a third-party provider’s service. This has significant consequences when attempting to access, manage and transfer digital assets after death.
As well as the obvious benefits to both employers and employees of continuing to combine working from home with going into the office and more flexible hours, there are employment law and other legal implications that employers will need to consider. Each organisation’s requirements will be slightly different.
The metaverse. Artificial intelligence. E-sports. Cryptocurrency. Traditional business models and industries have either been or are being disrupted by digital innovation, paving the way for new opportunities and changing “the way that things are done.”