3 An agreement can contain only one of these rules, not both. Thus, in the agreements, employment coverage is allocated either on the basis of a delegated activity or on the basis of place of residence. Totalization agreements tolerate derogations from the above rules to determine the social security system that should apply to a particular worker. If both countries accept an exception for a single worker, the country that has agreed to cover the worker in question will cover that worker accordingly. An exceptional example would be the renewal of a few months of a short stay in a country beyond the five-year limit for the application of the single-family house rule. An agreement could be reached between the two countries to ignore the worker`s additional three months abroad. This would prevent the worker concerned from being taxed by the country in which he or she works. Instead, this worker would remain subject to the social security system of his country of origin.  U.S. totalization agreements with other countries generally have some key elements. Overall, totalization agreements eliminate the dual social security of workers in the United States and the other country where they are from or in which they work.
In doing so, one worker is excluded either from the other country`s taxation and social benefits program. There are many rules governing a worker`s social security system. One rule, the territorial rule, stipulates that a worker is subject to the laws of the country in which he works. This rule is active in all U.S. agreements. Under this rule, a German citizen working and residing in the United States would pay FICA taxes and would ultimately be entitled to Social Security and Medicare benefits from the United States.  Labour shortages in Europe just after The Second World War led to an unprecedented period of labour immigration. As a result, many workers have found themselves in an unusual position to divide their careers between two countries, often with ambiguous rules on tax debt. In many cases, workers and their employers have been forced to pay double taxes on social security in order to avoid gaps in coverage that would otherwise prevent these displaced workers from receiving benefits when they retire. As a result, Western European countries have begun to conclude bilateral agreements that would clarify the tax obligation of social security and protect workers` welfare rights. The goal of all U.S. totalization agreements is to eliminate dual social security and taxation, while maintaining coverage for as many workers as possible under the country where they are likely to have the most ties, both at work and after retirement.
Any agreement aims to achieve this objective through a series of objective rules. 11 Almost all fcn contracts are still in effect to date and remove payment restrictions on non-resident aliens outside the United States, in accordance with Section 202 (t) of the Social Security Act.