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Talking Expat Taxes #8

Swiss Tax & Investment Strategies: Critical Insights for US Expats

Alex McGowin sits down with Jonathan Lachowitz, a seasoned cross-border financial advisor specializing in US-Swiss financial matters. Drawing from over two decades of experience living and working in Switzerland, Jonathan provides critical insights into Swiss taxation, retirement planning, and investment strategies for US expats. Learn about the complexities of Swiss wealth tax, pension systems, and crucial considerations for maintaining US investment accounts while living abroad. Whether you're contemplating a move to Switzerland or already residing there, this episode offers invaluable guidance for navigating the intricate landscape of cross-border financial planning.

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Show Notes

For Americans overseas, Switzerland isn't a tax haven. In places like Geneva and Vaud, tax rates are generally considerably more expensive than the U.S. One surprise for people is not only is Switzerland a relatively expensive country to live in, but if you're working and earning a good salary and have wealth, your tax rates can be considerably higher.

Takeaways

  • Swiss Tax Structure

    Federal tax maxes at 12%, but cantonal rates can exceed 30% (varying significantly between cantons). Wealth tax applies annually to worldwide assets (excluding foreign real estate).

  • Swiss Retirement & Pensions

    Swiss pension system operates on three pillars. There are mandatory employer contributions increase with age, but these comes with complex interactions regarding US retirement accounts.

One of the bigger mistakes I see with people moving overseas is saying, 'I've worked with my tax advisor for 15 years, my company's sending me overseas, and they're going to keep doing my taxes.' If your tax advisor has three overseas clients, you're probably not in the right place.

Today's Guest
Jonathan Lachowitz

Jonathan Lachowitz

Jonathan Lachowitz is a distinguished cross-border financial expert serving as Chairman of American Citizens Abroad (ACA) and founder of White Lighthouse Investment Management. A dual US-Swiss citizen with over 20 years of experience in Switzerland, he brings unique expertise in navigating the complexities faced by Americans abroad. As a Certified Financial Planner in both the US and Switzerland, Jonathan manages approximately $800 million in assets through offices in Lausanne and Massachusetts. His firm specializes in comprehensive financial planning for international families, with particular emphasis on US expat tax optimization and investment management. Through his leadership at ACA, he actively shapes policy discussions in Washington D.C. regarding overseas Americans' taxation rights while maintaining a dedicated focus on client education and advocacy. white-lighthouse.comEmail Jonathan

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00:01:00Alex

Welcome to another episode of Talking Expat Taxes. Today I got, Jonathan Lakowicz here with me, who is, um, you know, he's actually, I know him through a group of, tax professionals, international professionals that I'm in now, and he specializes. He kind of is a jack of all trades, is the way I would describe him from talking with him.

00:01:22Alex

He lives part time in Switzerland, part time in the U.S. does investment strategies and knows a lot about taxes in the U.S. and in Switzerland. So we're gonna pick his brain today about how it works in Switzerland, moving to Switzerland, things to look out for financially tax wise.

00:01:37Alex

But yeah, Jonathan, appreciate you bringing on. I'll let you introduce yourself a little bit and what you do and then we can get into it.

00:01:42Jonathan

Alex, thank you so much for having me today. It's a pleasure to talk with you again and yeah, let me jump right in and give you a little bit about my background, which is a nice little niche in the industry that we work in, in financial services. So I am American by birth and additionally Swiss by choice, having put in over 20 some odd years living, full time in Switzerland and correct, I split my time now between the US and Switzerland, I have companies in both locations and we're specialized in doing financial planning and investment management for Americans overseas. We have several hundred clients living in Switzerland, many more in the US and elsewhere in the world. And, as you know well, because of the US tax code, Americans overseas are pretty much unique in the rest of the world in the fact that they are tax based not just on their residency, but also based on their citizenship. So with that, It seems to me, and I am not, if you will, a tax professional, even though I get mistaken for one often, um, I do like to read tax treaties and tax code, um, but this is much more to help people make good choices in their financial planning and investment management strategies.

00:03:03Jonathan

And so with that, I find it much more interesting to hang out with people like you so we can actually talk interesting details on how to make good choices for people. So when I started 19 years ago, I was living in Lausanne, Switzerland, had at the time one child had 18 months of cashflow in the bank and decided I was going to start a business competing with Swiss banks.

00:03:27Jonathan

I had no clients at the time, had just passed the CFP and went out there trying to find people who needed help in financial planning. And it became obvious very quickly that Americans in Switzerland, where I had already lived and worked for a while, were facing challenges opening investment accounts, maintaining investments, dealing with tax issues, and this was well before the FATCA legislation that made things even more challenging.

What is the ACA and the work they do to help US Expats

00:04:00Jonathan

So, I worked in large industry outside of the financial services sector for about 15 years, was educated mostly in the U.S., but did move to Switzerland in 1991 after graduating college. A few other things that I've done, I've written for the Wall Street Journal for a few years on expat finance, for a few other publications as well, have been interviewed here and there, and then one of the big things I do on the outside is the volunteer work for American Citizens Abroad.

00:04:28Jonathan

ACA was founded in Geneva, Switzerland over 40 years ago. But for over a decade, we've been based in Washington, D.C. And at ACA, we're non partisan, non profit, and our main role is to educate people in government, U.S. government, and Americans overseas about issues that they face, whether it be around citizenship, taxation, social security, or other matters.

00:04:55Jonathan

So we spend a lot of time talking with different constituencies in DC and elsewhere, trying to understand the problems of overseas Americans. And of course, taxation often comes up as one of the big pain points for overseas Americans. So fast forward now, 19 years after starting the business, we have employees in five different countries. We have clients in over 15.

00:05:20Jonathan

And one of the things you see in working with overseas Americans is even though they face the same tax code in the United States, where they happen to live and their circumstances make their situations often quite unique. So, one of the bigger mistakes I see with people moving overseas, say, in taxes, is saying, oh, you know, I've worked with John Smith as my tax advisor for 15 years.

00:05:49Jonathan

My company's sending me overseas. And he's going to keep doing my taxes. And meanwhile, one of my observations was one big mistake Americans overseas make is thinking their domestic CPA happens to know something about U.S. tax compliance for overseas Americans. And this is where people like you are so important in that, you know, if your tax advisor has three overseas clients, you're probably not in the right place.

00:06:21Jonathan

If they specialize in working with overseas clients, and they know what a Form 1116 is, and they know what a 5471 is, and they know what FBARs are, and they know all these various forms that are impacted, they can help keep you out of trouble, which is, I think, the number one goal, often as a U.S. taxpayer overseas.

00:06:45Alex

Yeah, I was talking to a client this morning and that's how I usually lay it out. I want to save people money and save people taxes. And that's definitely a goal. But number one goal is don't pay unnecessary penalties and file and file your tax returns correctly and make it simple.

00:07:01Alex

Most of the time you're much better off having a simple structure than saving a dime with this overly complex thing that probably is not bulletproof, you know? So that's my general strategy. I mean, it depends on the temperament of, and what the person's looking for. But yeah, I agree completely.

Understanding the Swiss Tax System

00:07:19Jonathan

Indeed, indeed. So, tell me, what else would you like to know about Switzerland or taxation?

00:07:27Alex

Yeah for sure. So, and I totally understand, you know, you're not a Swiss taxes expert, but, and so we can, I guess we'll caveat this to say, if you're moving to Switzerland and have real Swiss legal questions, you need to find an accountant in Switzerland that does this for a living.

00:07:32Jonathan

And there's plenty, but I can cover some of the basics, I think, that might be interesting.

00:07:51Alex

And that's what I think we'll try to hit on is these practical aspects, you know, not necessarily the deep technical parts of the Swiss tax law, but you know, if you're moving to Switzerland, what are like the basic things you need to think about it first? And one thing I'm curious about, you know, Switzerland, I've kind of worked in individual tax and corporate tax through my career. And Switzerland is always post FATCA, you know, and we can dive into that if we want, what that is and the impact there. But, post FATCA it's still, Switzerland has this ideal as like some tax haven to Americans. And I mean, I guess, what, what is your opinion on that? When people think inherently, like they're going to save tax money by moving to Switzerland, you know, is that, is that an appeal for moving to Switzerland?

00:08:35Jonathan

Certainly for Americans overseas, no. I mean, there are certain types of taxes that can be beneficial, but for most people who are employees or retirees, you're going to find, depending where you move in Switzerland, the taxation can be very, very different. And Tax Haven, it's really historically, like many other jurisdictions, any country can be a tax haven, right?

00:09:06Jonathan

If you don't live there, oftentimes in the past countries were not so interested in telling on their, you know, depositors or, or other business that they did on a cross border basis. Of course, a lot has changed, but I would say from a compliance standpoint, looking at what we have to go through in Switzerland, it's far more strict in terms of anti money and laundering regulations than in the United States. And even, you know, a little fact about Switzerland. Anyone in Switzerland can more or less go to the local tax office and for about 50 Swiss francs, about 55 dollars, I could ask, what's my neighbor's income and wealth reported in any given year? So it's not, not all that secret, either.

00:09:52Jonathan

So people will do this for business partners or employees or for a variety of reasons, but things are not quite as secretive and not quite as much of a tax haven. And in many cases, you know, penalties for doing the wrong thing can be far more strict.

Switzerland's Wealth Tax vs US Capital Gains Tax

00:10:10Jonathan

Switzerland has a wealth tax as opposed to a capital gains tax in most cases.

00:10:15Jonathan

And if the Swiss find that you have not reported a certain account or a certain asset, they'll go back 10 years with potential penalties and interest as well as the taxes do. Far more strict than say, an overseas voluntary disclosure program or something along those lines.

00:10:32Alex

Right. I got you. Yeah. Honestly, I tell a lot of my clients, on the inbound side, the U.S., I find it to probably be the biggest tax haven in the world. With FATCA and the reporting requirement, all the other foreign countries have to tell the U.S. about U.S. citizens bank accounts, but a foreign person, if you're not a citizen of the U.S., the U.S. is the greatest place to invest in the world.

00:10:55Alex

You're not taxed on capital gains. You're not taxed on interest. You don't have to tell your home country that you have the investment there. It's a pretty good deal.

00:11:02Jonathan

Well, this is the ironic thing is in the OECD, you have the what's called AEI, or automatic exchange of information. So let's say you have a French person living in France with an account in Switzerland. The Swiss bank is required to report income to the French government.

00:11:21Alex

Right.

00:11:22Jonathan

This automatic exchange of information goes on with so many different countries today. This happened post FATCA except the U.S. But even the U.S., the FATCA agreements say that the U.S. is supposed to share information with other countries. It just seems it hasn't started yet.

00:11:40Alex

Actually, I didn't know that. I thought it was totally one sided. Maybe it's just that...

00:11:43Jonathan

If you actually go into the agreements, I think it's whether the U.S. will share It seems to be held up somewhere in congress or not, but uh, it doesn't seem to be a high priority. Let's put it that way

00:11:54Alex

Right. Yeah, I can imagine.

00:11:57Jonathan

So but back to Switzerland, like places like Geneva and the Canton of Vaux next to Geneva where Lausanne is, you, the tax rates are generally considerably more expensive than the U. S. So one surprise for people is not only Switzerland, a relatively expensive country to live in, if you're working and earning a good salary and have a bit of wealth, your tax rates can be considerably higher than in the United States. And so if you're thinking of moving there, having a good understanding of not just that you're moving to Switzerland, but where in Switzerland. So Switzerland, their government structure is the most similar of Europe to the United States, meaning it's broken down between federal, Canton or state and commune, just like more or less we have in the U S where it's you know, country, federal, state and local or municipal. And so one big difference is the income tax at the federal level maxes out at about 12% in Switzerland, but the local cantonal rates can go up well over 30%. So, you know, if you're self employed in the Canton of Vaux, you're, you know, top tax rates around 52 and half percent or so.

00:13:20Jonathan

So it's you know, it feels more Nordic, or Scandinavian than it does a tax haven. And, but even as an employee, we have plenty of clients who have tax rates well into the 40 percent just on their income and, you know, dividend income is included. It's not, no special treatment there. And then on top of that, you have a wealth tax that can go up to, again depending where you live, up to about one percent of income per year, of wealth per year.

00:13:53Alex

And so if you move from the U.S., is that, I'm not as familiar with the wealth tax there, so is that an annual tax, the 1% tax?

00:14:00Jonathan

It is, an annual percent

00:14:01Alex

of worldwide assets?

00:14:03Jonathan

Worldwide wealth except for real estate. So, real estate is taxed differently in foreign real estate will add to the total amount of wealth for the base, the rate that you pay, but you don't pay, the wealth tax on, on foreign real estate.

00:14:19Alex

See, this is where some double tax can come in with that because you're paying, well, let's say you have, let's say you move to Switzerland, you have a home in the U.S. and you spend a few years in Switzerland to see if that's where you want to stay. And eventually you say, all right, I'm selling my house back in the U.S.

00:14:37Alex

We're staying in Switzerland. Well, you've been paying this wealth tax presumably and you're going to own that home each year and then you sell the house in the U.S. the U.S. is still going to tax it as a capital gain. If you get outside of that principal residence, you know, exclusion. And you're not, there's no credit for that. You're not, you can't credit that wealth tax against the, maybe, I mean, I don't know. I wouldn't think you could because it's not an income tax, but there's probably...

00:15:00Jonathan

Real estate is treated a little differently in terms of wealth and income taxes. So the Swiss do charge a capital gains tax on home,

00:15:09Alex

OK, so in that scenario, you'd still pay tax again in Switzerland on the sale of that home. Potentially.

00:15:15Jonathan

Potentially, but not necessarily. But if, if you were talking about an investment account, the Swiss don't tax realized capital gains, but they do tax wealth.

00:15:27Alex

That was more of the example I was trying to say. Exactly.

00:15:30Jonathan

So there, there is a mismatch. And the wealth tax is, you, generally not seen as being able to use a foreign tax credit.

00:15:38Jonathan

Though, depending on the way the wealth is structured, You may be able to get a deduction on Schedule A. And so if 50 percent of your wealth is an income generating investment account, then you can generally deduct 50 percent of your wealth tax on a Schedule A. To the extent it makes sense, right? If you're not in AMT and you have earned income, etc. So that the deduction actually matters.

00:16:06Alex

Right. So if you're moving to Switzerland with, with wealth, with assets in the U.S. considerable assets, this is where it's going to turn into a coordination that you have to do between your U.S. tax advisors and planners and, and your local tax advisors and financial planners To see, you know, how best to structure these assets. Is it worth putting it in some types of assets versus others, you know, and making sure you're getting the most out of the foreign tax credit regime. You know, in some cases it may even be worth, may even be worth getting like liquidating to get that step up in basis in some cases. I don't know.

00:16:40Jonathan

Each situation is a bit different, and also where you move in Switzerland makes a big difference. If you're in Geneva or Vaux, your wealth taxes are really high. If you're in several of the other cantons, like Zug or Schwyz or Nidwalden, you may have a tax rate that's 15 times less than in Vaux or Geneva.

00:17:00Alex

So the wealth tax, the wealth taxes is federal or it's a Canton tax or it's federal, but depends on the Canton?

00:17:08Jonathan

The joke about Switzerland always is It depends because each canton is quite different and even for tax advisors most of the tax advisors we know If they're in the German part of the country, they generally only work doing tax work in the German part of the country and the French part of the country the same thing. Estate planning is a little more universal but income tax filing you're almost always better off going with someone who is close to where you live in terms of the language group.

00:17:42Jonathan

Why? Well, Switzerland is quite provincial, right? You know, the United States has 330 some odd million people. Switzerland has a bit over 8 million people. In Switzerland, if you file a tax return, somebody actually looks at it. Like everybody's tax return every year. And one of the things that you often see is when people first come to Switzerland, A tax advisor or an employer will estimate the taxes, and there seem to be these large variations that come in a year and a half or two years later when they get around to actually assessing or looking at your situation.

00:18:22Jonathan

So the amount of times that we see people, where their professional tax advisor is off a considerable amount. It's not small and these big surprises tend to come up and it's often to the the detriment of the person having to pay and in switzerland you get this final notice so if they come back and say your 2022 tax year is completed it is extraordinarily difficult to get a tax year reopened when that notice comes.

00:18:55Alex

Okay. Yeah. So you don't amend a return?

00:18:56Jonathan

Not easily not easily.

00:19:00Alex

So, so your suggestion in that case is when you come for a financial advisor, you're better off getting someone local to that Canton, or, or,

00:19:09Jonathan

For the tax advice, and quite frankly, the Swiss tax returns are quite a bit easier than the U. S. ones, and the Swiss tend to invest a lot in automation and simplification, so you can actually go to the website of any given canton, and almost all of them will have a tax calculator, including the federal government, so that you can get a pretty good estimate, based on your situation, but where people will start to not understand things is, I don't know, let's take a typical American example.

00:19:41Jonathan

You have kids, you have a few 529 accounts. You're like, oh, these are great. These are not taxable. Got a Roth IRA, no tax there. Well, in Switzerland, your 529s and your Roth IRAs are considered like normal investment accounts. They're taxable for wealth tax purposes and income tax purposes.

00:20:00Alex

Okay. Yeah, so that's a great point. So let's back up real quick. What is the basics for? You know, I'm an American. I'm moving to Switzerland. Let's say I got a job in Switzerland. I'm going to be employed there. When do I need to start filing tax returns and what does that process look like?

Filing a Swiss Tax Return

00:20:17Jonathan

Almost universally in Switzerland, we'll have people file their local Swiss return first, and once that's done, they start their U.S. return.

00:20:29Alex

So it's a calendar year system?

00:20:31Jonathan

A calendar year system, and most cantons, again, each one is a little different, most of them you get until March 31st to file your return.

00:20:40Alex

Okay. So you file, and are they filed separately, like US Federal and State, or, it's one return?

00:20:46Jonathan

It's one return and it all goes through the canton or the state, and they take care of distributing that generally. You get a separate tax bill that you pay for the federal, or a tax bill for the canton and the commune, but your tax return essentially goes to your canton.

00:21:04Alex

I see. Okay. And, and, yeah. And so you generally, so would you, I, I know like for example, if you move to the UK and you're gonna be employed in the UK and yeah, you might have investments in the U.S., but you generally, you may not have to actually file a return if everything is withheld, you know, through the system. Is that the same way in Switzerland?

Work Permits and Differences

00:21:25Jonathan

Indeed. So, generally speaking, in Switzerland, if you're at lower income levels, roughly speaking, 100,000 or less, you may only be taxed at source or withholding taxes on your income and may not be asked to file a tax return. If you're a higher income earner odds are you're going to still have your tax withheld at source, but then you will be invited to file a tax return in which case you may end up paying more or less. It starts to depend on what type of permit you have. The main workers permits in Switzerland is a B permit.

00:22:04Jonathan

Um, the, and there are several different other ones like an L and D and things like that, but the main one that most people, are ending up getting for a kind of a full time job where you transfer into Switzerland, it's often a B permit. If you've lived there for five years as an American and 10 years from some other countries, you can apply for what's called a C permit.

00:22:28Jonathan

Which the tax differential is on a B permit you generally have tax withheld at source from your employer and on a C permit you don't have any tax withheld and sometimes people get way behind and all of a sudden they file their tax return and all of a sudden they have this huge, huge payment they need to make.

00:22:47Jonathan

But yeah, when you're a Swiss citizen and or a C permit holder you're definitely filing a tax return and not having the taxes withheld.

00:22:56Alex

And is that ever something you would try to do yourself in Switzerland?

00:23:00Jonathan

What's that tax return prep?

00:23:03Alex

Filing your own tax return and a C permit.

00:23:05Jonathan

You know, we do have a fair number of people who've been there. They know the language and they have pretty easy to use software. And in Switzerland, again, you don't have that many levers that you can pull like on a U.S. return. So it is feasible. It's also generally much cheaper to have somebody do your swiss tax return than your U.S. one and it reminds me of another kind of common mistake is someone will come into Switzerland and they're like, oh, I got to give my swiss tax advisor all this information and then I have to give my U.S. tax advisor. I want to go find somebody that does both.

00:23:45Alex

Right...

00:23:46Jonathan

I kind of compare that to let's say you have a problem with your heart and you have a problem with your vision. Do you want to go to a cardiologist and an ophthalmologist? Or do you want to go to a general physician who has studied everything? If it's me, I want someone who is a bit specialized.

00:24:07Jonathan

And the firms that tend to do both, It's often like working with two firms. So, I generally don't recommend trying to find someone just because it feels convenient. Because, in any case, it's often like working with two separate companies. I would say, find someone, if you want to hire a Swiss Tax Advisor, who works with other expats, where the people speak English, if you don't speak French or German well, and where you're not.

00:24:36Jonathan

Well, really, this comes to any advisor. If you're working with an advisor where you're a typical client, that tends to be a reasonably good thing. If you're, oh wow, you're the only American we have, you end up costing your advisor a lot more time, and the chances for mistakes are pretty high too.

00:24:58Alex

Right. Yeah. No, I completely agree. I am also wary of the dual people and I see it. The only places I really see it where it does kind of work is like in Canada in the UK, but that only works because those people only do that type of cross border thing, you know, like they're working for a U.S. There's enough U.S. Canadian people to where they're only working with U.S. Canada cross border. As opposed to like U.S. global people from Canada. But even then, like you said, it still kind of feels like you're working with two firms even though like you're going to have two separate people, generally two teams working on it.

00:25:36Jonathan

Rarely do I see that being a cost savings.

00:25:38Alex

Right. Yeah. Yeah. I agree completely. Um, yeah. So I want to go back to what you mentioned with the investments, cause I think that's a huge trap for people to watch out for. So when you're coming over to Switzerland. They're not necessarily, Switzerland is not necessarily respecting the pensions that you had in the U.S. and vice versa. The U.S. is not necessarily respecting the pension treatment in Switzerland when you start investing in Swiss pensions. And the Swiss pension system is very complicated with the different, or for me it is at least, with the different, where they have different tiers.

Switzerland's Retirement & Pension System: Three Pillars

00:26:13Jonathan

Right, so let's cover a little bit retirement savings and investment. So Switzerland's retirement savings system consists of generally, of three pillars, which I like to call a table with with three legs because I think it's missing a leg. So the first pillar or pillar one is Social Security very similar to U.S. Social Security. In the U.S. we have Medicare as well. In Switzerland, you don't. One thing I will note is the U.S. social security is a lot more social than Swiss Social Security, especially for a non-working spouse or, or for a decedent spouse. Switzerland is not particularly generous to the non-working or less working spouse. So that's pillar one.

00:27:03Jonathan

Pillar two is similar to a 401k in the U.S. It is an employer pension plan which is generally a savings vehicle with a, in most cases, a pretty conservative investment profile. So I like to say the second pillar is mandatory. Each company has a slightly different one that they have basic requirements in the system and it's age based. Oftentimes the employer contribution goes up from ages 35. It goes up where it starts at 25. It goes up at 35. It goes up again at 45 and again at 55.

00:27:48Alex

Okay.

00:27:48Jonathan

The kind of adverse effect of that is you see a fair number of large employers starting to try to push people out the door well before 65 because the pension costs become quite high. So it's not abnormal at all for people at 54, 55, 58 to suddenly find that they're not interesting anymore for their employer.

00:28:09Jonathan

So again, second pillar, a lot of times people do build up a pretty big savings amount. One of the challenges is, of course, this is not considered a qualified plan in the U.S. so most tax advisors, if they would do it, What I would consider more or less the correct way would be the employer and employee contribution into the second pillar is reported annually as taxable income in the U.S. as well as any growth. Now, a lot of people say, oh, double taxation, this and that. Well, the plus side of it, especially if you track your U.S. tax basis in your Swiss corporate pension, your second pillar, is you can build up this big retirement asset that's already been taxed and so in Switzerland, when you withdraw that second pillar you get very favorable tax rates like in the neighborhood of five to twelve percent as opposed to the income tax rates, which are much higher And that often makes a lot of sense...

00:29:15Alex

In the U.S. you mean?

00:29:03Jonathan

Yeah, no in Switzerland, well in Switzerland one of the big differences of the the second pillar is where in the US you might roll it over into an IRA account or start taking withdrawals and invest it. In Switzerland, you have to re decide in retirement, whether you take an annuity or whether you take a lump sum and manage it yourself. And if you take that lump sum, it's all taxable at the same time, but at a very low rate.

00:29:46Alex

I see. And it's going to be taxable in the U.S., except that you've been, in your example, you've been paying tax on it, on the contributions and the growth as you go.

00:29:42Jonathan

Exactly.

Voluntary Contributions & Grantor Trusts

00:29:55Jonathan

Exactly. And then, the second pillar has a voluntary component, which we often recommend Americans not to do. Because generally, things that you do that reduce your Swiss taxes end up increasing your U.S. taxes.

00:30:11Alex

Voluntary, meaning voluntary contributions?

00:30:12Jonathan

Yes, exactly. So, there's a statutory minimum amount that you have to contribute. But if you do more than that, it can often backfire in terms of it lowers Swiss taxes, but it only increases your U.S. taxes at the same time.

00:30:28Alex

And I'm curious what you think about this, because I, I mean, I just literally today gave a Form 3520 and 3528 presentation on, on foreign trusts and retirement plans. And, you know, that's another component of this voluntary because it's more complicated than this. But you, where you usually get is who, who contributed more, the employer or the employee.

00:30:50Alex

If it's employee, you could have a grantor trust and then you're looking through this thing. And there's, and in my experience with Switzerland, at least we don't know what's in this thing, you know? And we need to know from a U.S. Perspective, but Switzerland doesn't manage its accounts for the U.S. IRS's benefit. And so that's a big part of this too is figuring out, all right, who's contributing more or less to this. You even mentioned the employee starts contributing more as they get older and this gets tripped a lot unexpectedly.

00:31:17Jonathan

Right. So you brought up a good point, which is a second reason not to move voluntary contributions, especially if your employer contributions are the same as you as an employee, is the grantor of trust treatment. Now, as you get older, oftentimes the employer contributions are a fair bit more, but these numbers are not easily available. So that grant or trust treatment, it's like, I have yet to hear of anybody from the IRS trying to go track 25 years of pension contributions and demanding, you know, that you prove that this is a grant or trust or not.

00:31:44Alex

That's been my experience. The IRS doesn't, I mean, there's a rule and, and it exists, but we, it's very gray and the IRS doesn't want to touch it either. You know, and they don't know how to, and that's the annoying part about it. And really, I mean, a problem that we have from the IRS perspective is you have a rule that's unclear and the IRS has refused to clarify it, you know, with foreign...

00:32:25Jonathan

And this is a really good example, and, you know, I'm going to show my age, I think, a little bit compared to you, but back in the early 2000s, a lot of tax advisors in the U.S. are like, huh, don't report your FBAR. Nobody ever looks at them. You know, if you go back and look at the stats in 2000, 2001, and 2002, maybe the IRS is issuing four or five FBAR penalties a year. Okay, FATCA comes around, and the UBS case that drove a lot of the legislation, and all of a sudden, everything is compliance, compliance, compliance. All these people that weren't filing, and often with the blessing of their domestic tax advisor. And so, one of the problems is you've got all these rules on the book.

00:33:10Jonathan

And they might not enforce them for 20 or 30 years, and all of a sudden some case comes up, or some directive changes, and all of a sudden it's being enforced. And this is one of the problems, like with the Grantor Trust, issue on foreign pensions, is, you just don't know. You have the same issue on, you know, the estate taxes, if, on, for non Americans who don't live in a treaty country, who invest in, say, Apple stock.

00:33:37Jonathan

You know, they don't get a 13 million dollar exemption on their federal estate tax in the U. S. They get a 60,000 dollar exemption. So, if you're an investor in U.S. securities, and you happen to be using a U.S. custodian, well, you pass away, that custodian's not gonna release your funds until you get an IRS transfer certificate.

00:33:58Alex

Yeah.

00:34:00Jonathan

If you happen to hold those shares in a non U.S. institution, most of them, to my experience, don't enforce this and they just, you know look at local probate documents and they pay out the account. So you have all these kind of hidden traps and as a tax preparer your hands are kind of tied because when you know what the rules are you got to tell your client, this is what you need to do and what they need to do is often a lot more work for you and cost for them to comply. And they're like, why am I paying all this money and time? I don't even owe any taxes in the U.S. and so that cost of compliance is one of the biggest headaches for overseas Americans.

00:34:42Alex

Yeah, for sure. And I mean, I'll say that. I feel like at least for the trust that it's going and the momentum is going in the right direction. You knew this, dealing with ACA and seeing some of the things that are out there. I mean, that that's looking a little bit more bigger picture, I think. But with the trust specifically, it's gone from very bad to better. I feel like they're starting to understand just the, for example, Canadian plans got exempted. Back in 2014, or whenever it was, from these 3520 requirements. Why is Canada special for, you know...

Swiss Tax Treaties

00:35:18Jonathan

So I think this goes back to tax treaties which are a horrible way to have to deal with the system but the model treaty language exempts foreign pensions, but when treaties don't get updated for 10 or 20 or 30 or 40 years, you have all these, oh, the UK treaty is a good one. The Canada one is a good one, but the Swiss one needs some improvement.

00:35:41Alex

What year was the Swiss one? Do you know?

00:35:44Jonathan

The Swiss one was renegotiated after FATCA around 2000, I want to say 13 or 14.

00:35:50Alex

So it's based on the 2006 model?

00:35:53Jonathan

Well, except when they updated then, this was all about FATCA and they didn't fix the retirement issues.

00:35:58Alex

Yeah.

00:35:59Jonathan

Rumor has it that the Swiss US 1 is being negotiated again, but these are really slow processes. And, you know, when you get certain people in Congress who like to hold these things up, for no other reason than to hold them up.

00:36:15Jonathan

It's just a horrible way to have to try to deal with these issues Yeah, so, you know just thinking another form out there the 3520 when you receive a foreign gift or a foreign inheritance, there have been some pretty brutal automatic penalties coming out of those forms recently. We hear that that's lightening up a bit.

00:36:35Jonathan

But yeah, you have all these special requirements as an American overseas and yeah, it can be a challenge.

00:36:42Alex

Yeah. And I mean, it's just about working with people that are familiar with it. Cause yeah, it's definitely challenging, if somebody tells you it's easy and simple and you're their only client, I'd be very wary that it is so easy and simple.

Overseas Americans caught by surprise tax

00:36:54Jonathan

Right. Well, and I would say there's two components. One is you as the tax preparer saying, listen, I've seen hundreds of international tax returns. I know what to look for. But the other is on the client side, knowing what to give you. Right you the tax industry likes to prepare these organizers where everybody feels like they're doing their own tax return for the tax advisor. They're filling in all this information. But you see a lot of times people just make mistakes like we've had plenty of people, hey listen, I was told in the U.S. Embassy in 1987 that I didn't have to file a U.S. tax return if I only had Swiss income. So, for the last 35 years I've been a school teacher and I haven't been filing in the U.S.

00:37:42Alex

Yeah. I hear that story once a week.

00:37:32Jonathan

Exactly. So, now, The IRS, depending on the administration and the mood, sometimes it seems they look at everyone overseas as a criminal first, and you have to prove your innocence. And at other times, you get people that are much more reasonable and are like, Okay, we accept that this was willful, uh, or non sorry, accept that it was non-willful.

00:38:08Jonathan

They didn't mean to make all the mistakes. And, you know, this is the challenge. And, and there's a lot of Americans out there that didn't grow up in the United States and they don't know the tax culture. Like when I first spoke with people from the irs when I moved back to the U.S., you know over 15 years ago, they'd be like, well, how can Americans not know that they have to file a tax return?

00:38:20Jonathan

And it's like well if your parents are American and you were born in France, or maybe they're not even American, but you were born in the United States. And when you were three they moved overseas, please, how are you supposed to know that, you know, IRS is not sending you a postcard as an American citizen saying happy 18th birthday. Now you have a tax burden. So It's not unrealistic that people don't understand their filing requirements.

00:39:04Alex

No, I see it all the time. And that's why, I mean, not to go down another rabbit hole, but they have the amnesty and the streamline filings and they've been out there for my whole career basically. I keep thinking they're going to go away, but I think that's why they don't, you know, it's because, I mean, I don't know, they will eventually, but you know, there are still a lot of people out there that it's reasonable to believe that how would they know they have this filing requirement and IRS wants them back in the system obviously.

00:39:32Jonathan

Well, the strange thing is if you look at the overseas american population. Just like in the U.S., a huge percentage of overseas Americans don't end up owing any taxes. And one of the things we work at on ACA is trying to make this, the system more fair, but also it would be a big burden lifted off of the IRS not to deal with millions of tax returns that generate no revenue.

00:40:04Alex

Yeah, completely agree. It seems like a Yeah it's not just a tax savings. It's also a burden, like a compliance burden on both sides. The IRS, the 3520s alone, like I can't imagine the hours spent responding to notices. And I don't know whoever it was, uh, burning my notices out in the back garage, that guy was taking a lot of time too, but, uh, but yeah, no, I mean, I agree.

00:40:19Alex

It's not necessarily, I mean, a lot of what you're doing at ACA or what the group's doing at ACA is figuring out how do you score this thing because really not taxing citizens abroad is not really this big loss of revenue that you might think just naturally. I mean, it may actually be the efficiency gained could actually gain the IRS if you take it on net.

00:40:53Jonathan

So, ACA has spent a fair bit of time researching and scoring, getting scored the costs of different levers, that first came out in a bill back from Representative Holding. ACA's involvement in this has been very much behind the scenes, but really, Some of the research that we did into this, we actually, I don't know if you recall, but the U.S. government used to come out and say that there's, you know, about nine and a half million Americans overseas...

00:41:28Alex

That's the number that's always stuck in my head, but I was corrected on that recently.

00:41:28Jonathan

Yes, by Mary Louise, I'm sure. And because of that, you know, we actually went and, tried to find the source of this number and the IRS would come in and say, well, there's this huge gap of overseas Americans not filing because we're only getting a few million tax returns. Well, it turned out that nobody really went and counted the overseas Americans.

00:41:49Jonathan

And when we actually started looking at it, the number of overseas Americans was closer to four and a half to five million. And it seems that the quote non compliance from overseas is about the same as about the non compliance from inside of the United States. So that in itself what was it? An issue that wasn't an issue.

00:42:09Alex

Right. Yeah, they're using that they're using twice the number to score the revenue loss from it and probably doing that part wrong anyway, but they're still using twice the number.

Filing and paying taxes while living overseas

00:42:19Jonathan

The foreign earned income exclusion, what we're aiming for is, you know, a system whereby, you know, it has to be tight on abuse. You can't have people like moving overseas for six months, realizing a bunch of income and then coming back in the U.S. and lost that way. So the system has to be fair to the United States. It has to be fair to the overseas population. It has to be fair to these, what are called accidental Americans who have never lived in the U.S. or were there as a young child and went out. And so we have a lot of momentum right now in Washington for bipartisan support.

00:43:00Jonathan

Of legislation to improve the lot for overseas Americans, but, there's a lot going on in Washington right now. So we just hope that it gets the appropriate amount of attention in Congress.

00:42:59Alex

It's hard to keep up with. Well, we'll see what happens this year. Yeah, we got a few minutes left.

00:43:16Alex

I want to make sure we talk about more what you do in Switzerland particularly, but you know, with Americans and investments, you know, because the tax side and with Europe in general, I'll just say Europe in general in Switzerland, what we're doing or what I'm doing from a tax perspective is just making sure you're not paying tax on both on your income in both places.

00:43:38Alex

You're probably going to end up paying the higher rate in Switzerland. That's the end result, but you're not going to be paying tax in the U.S. The bigger strategy and problem. I don't know if problem's the right word, but strategy that needs to be looked at is how you invest your money. I have a lot of clients that move abroad and their financial institution in the U.S. kicks them out when they send them their U.S. address. So that's where you come in and help these people.

00:44:07Jonathan

Right. So it's funny because a lot of institutions in the U.S. or in outside of the U.S. will use, oh, you live in this country, we can't work it with you as an excuse. And sometimes that's legitimate, and sometimes it's the compliance department that says we don't want to deal with people outside of the United States or we don't want to deal with people who live in these jurisdictions and they have their reasons for it.

00:44:33Alex

Then you tell them I have a hundred million dollars. They're like, wait a second. Oh, did you say Switzerland?

00:44:36Jonathan

Yeah, exactly. Well, the funny thing is that, there are a number of U.S. institutions where their procedure is the same. We can't work with Americans living in Switzerland, but if the numbers are big enough, a lot of institutions find a degree of flexibility. Now, that being said, it can be tough because we've seen U.S. institutions like mail people a check from their IRA account and say, sorry, we're not working with you anymore, and you've got 60 days to get that redeposited or you're in big trouble.

00:45:08Jonathan

So certainly one of the challenges is which U.S. brokerage firm will work with people in a given country? So, for example, Charles Schwab has a list of countries that you can see on their website that says if you live in this country, you can keep an account open, say Switzerland.

00:45:31Jonathan

If you move to France, you can keep your accounts, but you can't open new ones. If you move to Italy, you can't keep your accounts at all. Whereas Interactive Brokers or Pershing or others will have different rules for different countries. So one of the key things that you're looking at is, will my financial institution just custody, hold in custody my accounts when I go overseas.

00:45:56Jonathan

The next level is, if you work with an advisor, will my advisor work with me going overseas?

00:46:03Alex

On the first part too, just before you move on from it, that can change. It's on the website today, next year, that might change and all of a sudden you're out.

00:46:14Jonathan

Well, absolutely. So that becomes a big challenge for the, you know, our clients for firms like ours, which is, you know, thankfully we've worked with custodians that have been pretty stable, but when we get a client that says, Oh, we're moving from country A to country B, one of the first things we're doing is checking with the custodian and seeing, okay, can they still work with this custodian?

00:46:37Jonathan

And that becomes an issue. One of the things we check as advisors. Are we allowed to work with clients in a given jurisdiction? So, for example, I don't work with clients in Canada because I don't want to go through the registration process in each province just because I happen to have one client in Quebec or one client in Saskatchewan or wherever.

00:47:00Jonathan

And so a lot of countries will allow an advisor to work as long as they're not soliciting business on a cross border basis. Other jurisdictions like Switzerland get a lot more strict, and they have done in the last few years where if you're not registered in Switzerland, you may well be as an advisor breaking the law.

00:47:24Jonathan

So as a client, whether you're doing it yourself or working with an advisor, that compliance issue is something that you're facing that you rarely face when you're a domestic, uh, client and e rest...

00:47:39Alex

So if I have 2 million split between a 401k and a traditional IRA and I'm moving to Switzerland and my money's with Schwab or pick a place. So if it's with Schwab, it's no problem.

00:47:52Jonathan

Mostly no problem except once you move overseas and they know it, they won't let you buy mutual funds. They'll restrict you to individual stocks and ETFs because mutual fund distribution is regulated differently than ETFs and individual stocks.

00:48:09Alex

And I'll be honest. I kind of cheat and I don't think this is the right advice to give necessarily, but, what I generally tell people before I, before I knew you and knew you existed, find a U.S. address, use your mom's address, go get a stable account, whatever you got to do, keep your U.S. address and move to Switzerland.

00:48:30Jonathan

So here are the problems we've seen with that. One is a lot of these brokerage firms track those things. Like if they have mail returned or they see a change of address even if they know you're, we've seen just domestic clients in the U.S. kid moves to college and you know the brokerage firm comes and says you don't live at this address anymore with mom and dad.

00:48:55Jonathan

So the brokerage firms have a fair bit of ability to find out if someone really lives at a certain address so if they find, oh Alex, you're living in Iran and we know that because even though you use your U.S. phone number, our phone software says you're calling in from there, you might find your accounts closed rather quickly.

00:49:16Jonathan

One is the brokerage firms do have the resources to figure this stuff out. Sometimes they enforce it, sometimes they don't.

00:49:24Alex

So you might think you're being clever, but most likely they already know and they have just chosen not to do anything about it.

00:49:30Jonathan

Let's say your client's in California. And, they're moving to Switzerland and they decide to use their Uncle Bob's address in L.A. Where do the 1099s get sent to? They get sent to the client. They also get sent to the state of California. So all of a sudden the state of California is coming and saying, Where's your state tax return?

00:49:53Jonathan

We have all this investment income. You're using the California address. Prove to us that you don't live here. So we see state tax issues with using that address or you see, okay, Uncle Bob decides to, he's sick of California. He decides to move to Las Vegas and he says, you know what? I don't want to receive your mail anymore.

00:50:13Jonathan

And so, you know, that can be a temporary thing, but it has its pitfalls. And if, if I'm in a financial institution and I'm in the compliance department, And I find that my clients are lying to me. How much am I going to want to help them if I suddenly find out? So definitely we see brokerage firms have their clients lie about their address.

00:50:41Jonathan

That has a degree of risk. Now, okay, if you're going overseas for six months or 12 months, maybe not going to be much of an issue. But if you find yourself four years later or five years later, still using the U.S. address. In most places, there's ways that you can comply, and get around.

00:51:01Jonathan

And, you know, I'd like to say it can be difficult as an American overseas investing, but I still have yet to find a situation where we can't find a solution.

00:51:12Jonathan

And, you know, sometimes you have to be persistent, sometimes you have to be creative, and yourselfers or working with an advisor. A lot of times, you know, people in the advisory industry don't want to lose a client, so they tend to look the other way or turn a blind eye. I think that can be dangerous practice.

00:51:34Alex

Yeah, for sure. So, I mean, I'll just throw a plug for ACA too. One thing I do with that is they have, I always forget the name of state direct, the, the bank, the bank system you can use through.

00:51:46Jonathan

The State Department Federal Credit Union. Get a membership.

00:51:50Jonathan

Yeah, if you sign up for one year for ACA, I mean, it's only 70 and it goes to, to, you know, fund, the general operating expenses of ACA. But ACA members can open a State Department Federal Credit Union account. It's not a government account.

00:52:05Jonathan

It's just the name of the credit union because they started serving State Department employees a long time ago. But yes, any member of ACA can join the State Department Federal Credit Union. So as a place of last resort to get a U.S. checking account, to get a U. S. credit card, even to get car loans for your car overseas. The State Department Federal Credit Union has some great services and we're happy to be partnering with them.

00:52:33Alex

Yeah. So, I mean, the moral of that story is basically that. If you're, if you're going overseas short term and you can use, use a, address in the U.S. you're probably okay doing that, whether it's your uncle's address or whatever. But if it's longer term, you want to make sure that, you're with a financial institution that you're okay in that country, and if so, you're probably okay and you can talk, be open and honest with your bank and just hope that doesn't change.

00:52:58Alex

But it's good to know there are options out there for people with firms like yours that work with expats directly. You know, like you don't have to be with Schwab, you can find a place and there's a solution for you that we can help you find.

00:53:14Jonathan

Almost always you can find a solution and you know, there are more and more firms popping up that, you know, are working in this expat place. I still consider ourselves pretty small. I mean, we manage something around 800 million or so, but we work with normal, ordinary people, trying to help them make good choices in their financial planning and investment management. Every day is different when you work in this cross border world.

00:53:38Alex

Yeah, for sure.

00:53:41Alex

Well, hey, Jonathan, it's been great talking to you. I've definitely learned a lot about the Swiss system that I didn't know before. And I hope everybody found that valuable. How can people get in touch with you if they have questions or want to work with you?

00:53:53Jonathan

Well, as far as I know, I'm the only Jonathan Lakowitz on the internet. So a Google search is how a lot of people, or the name of our company is White Lighthouse Investment Management. So pretty easy to find online. There's lots of free articles on our website and presentations as well that people can browse through. And um, yeah, we get a lot of contacts every week. We try to see if we're a good fit for people and if we're a good fit and it makes sense we're always happy to to try to work with people and help them.

00:54:24Alex

All right. Awesome. Yeah. And you know how to get in touch with me. You can find me at mcgowintax.com, or, check out some of my YouTube videos for just some free information out there at McGowin Tax on YouTube. But thanks for listening, everybody. Thanks for coming on, Jonathan. Hope we get you on again soon, and we can dive in a little deeper to some of these some of these investment options and some of the Swiss tax...

00:54:46Jonathan

That'd be great alex, so yeah, let's plan to do this sometime again. Maybe we'll do one focused on just investments for overseas Americans or something along those lines.

00:54:55Alex

Yeah, that sounds great.

00:54:57Jonathan

Okay, good luck with your softball.

Thanks for your interest! 🎙️

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