I am no longer a US tax resident. My child is a US citizen. Does this make me a US-connected person under FATCA?

[kozhevnikovvd]

I have moved to Belgium from US 11 months ago. I am not a US citizen. I worked in the US for 3 years, then moved out. I have a child born in the US, so he is a citizen. Now in Belgium banks won't open an investment account for me because I am considered a US-connected person. They say it's because I have SSN and because of FATCA law that makes things too complicated for them. I have googled a bit and found out, that if an immediate family member is a US citizen, that makes me US-connected as well. So am I really a US-connected person?

[Bsch4477]

That’s more of a legal question than a tax question so better addressed to someone knowledgeable in international business law. 

[Opus 17 · Accepted solution]

@pk  might know.  Most of us focus on preparing tax returns and won’t be versed in the potential reasons why a Belgian bank would not want to open an account for you.

One note: if you have US citizenship or a green card (permanent resident) then you are considered a US taxpayer at all times, even if you left the country. You would have to surrender your citizenship or green card to no longer be covered under US tax law.

If you didn’t have a green card and were just under a work-eligible visa, then you are not a US taxpayer any longer, but you may need to find another expert to help determined if you are still “connected.”