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January 26, 2012

Legal & Tax Procedures For US Citizenship Surrender/or Surrender of Green Card by Long Term Resident

Surrendering your US Citizenship or long term US Residency (holding a Green Card for 8 years or more) is a two step process.  Step one: A Citizen must fill out the forms and meeting with the US Embassy and Consul and paying the $450 fee.  A Green Card holder only needs to file the proper form with Immigration. Once that is done, you have established the effective date and completed the legal side.  Of course, they will not allow you to surrender your US Citizenship until you prove you are a Citizen of another country.  The State Department will not allow you to become a man or woman "without a country."

Of course surrendering your Citizenship or Residency relieves you of the necessity of filing US tax returns in future years except with respect to any of your future earnings the have a US source.

Step Two:  You must then get final approval of the Internal Revenue Service.  You must file a final US tax return (A Dual Status Return) and Form 8854 to determine if you owe an exit tax or not.  If you are married, both you and your spouse must go through this procedure separately.

As an Attorney/ CPA I  have advise and assisted over 70 clients with their US Citizenship or Green Card  surrender.  Let us help you.  READ MORE DETAILS OF THE PROCEDURES HERE. 

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