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One of your questions I didn't see answered:
And after doing my research I found out americans file taxes every year. I haven't done it the last 18 years of working. Should I just not file?
You have two choices:
-
Full Disclosure : you tell the IRS, you haven't filled and ask them to help you rectify the situation. This could mean penalties and fines for filing late or based on your situation, they might let is slide (as it was an honest oversight). Once you've gone through this, then your back in the IRS' good graces (assuming you still file your taxes and fbar annually)
-
A "stealth" disclosure : (there's a better name but I forgot was it's called) basically, you just start to file your 2023 taxes and pretend that nothing has happened during the last 18 years... if you do this for the next 5 years (or 7 years?) and the IRS does not say anything, then you're back in the IRS good graces (they can only penalize you for x number of years) . But if the IRS decides to contact you, then they could throw the book at you (more than if you went with option 1).
Ultimately, it's a gamble with a risk. However, if you've recently learned of your citizenship and got a passport. I think it's quite plausible to get some lienency, both for the full disclosure and the stealth disclosure.
The IRS has a special procedure for this case called "streamlined procedure". Unfortunately it's a little complicated and you have to pay close attention to all the required details.
My english isn't good enough for that. I need someone to help me translate it.
In that case you should contact a professional who has done this thing before. But be aware, it's quite expensive. This site, for example, charges 749 โฌ.
Always enter and exit the US with your US passport. Not doing so is illegal.
For anything else, use your German passport, especially in the EU. That's what I have been doing for years.
I don't know if it is an issue for immigration, but you absolutely are required to file taxes every year and can get in trouble if you don't. There's a "streamlined procedure" that you can do if you've never filed taxes to start filing without incurring any fines or penalties.
As a dual citizen, you are required to show your passport if citizenship for the receiving country - I have dual citizenship and it feels weird to show one passport to get on a plane and another to get off, but it's what a customs officer will ask of you when you arrive.
Since OP was never an American resident or paid taxes, he or she shouldn't need to file taxes or be flagged on a system for anything anyway.
Since OP was never an American resident or paid taxes, he or she shouldnโt need to file taxes or be flagged on a system for anything anyway.
Unfortunately the US is one of two countries that requires all citizens, regardless of past or present residence or employment, to pay federal taxes.
For entering and exiting the US you should have a US passport and travel using it. Bring your German passport with you for proof of citizenship once you enter Germany. It's basically your visa, and dictates if you can enter the country and the permitted duration of stay. Passports are complicated, always do your research before travelling, or just call your carrier.
I thought traveling with 2 passports was a big no-no?
I can imagine that some authorities might find it suspicious, but in OPs case, it is necessary to travel with both passports to have the least hassle.
Entering the US with your German passport or returning to Germany with your US passport if you have both will lead to a lot of questions as you won't have the necessary visa in those passports.
Edit: Although I wouldn't present both passports at the same time, only the one that is applicable or more convenient for wherever you are.
Researching around this cause I thought it was interesting, certainly not an expert. Apparently your case is considered an "accidental American" and you can probably search for others in your scenario. The IRS has a tax treaty with Germany that should be able to help you reduce (or maybe eliminate) your tax burden.
https://www.linkedin.com/pulse/tax-implications-dual-citizenship-what-you-need-know-daniel-morris-jfxle https://www.irs.gov/businesses/international-businesses/united-states-income-tax-treaties-a-to-z
You never filed for tax return in 18 years - in Germany? Mate, I get back about 1500-2000โฌ every year, do it.
The US gives you that money ever year 1re filling fro taxes to the US on your German income?
No, in Germany you pay taxes every month. At the end of the year you can do a text return where you ask for some of that back. Usually expenses that are work or kids related (traveling for work, job seeking, after school etc). Nothing to do with the US...
Op is asking about US taxes, not German