DRAMATIC INCREASE IN US EXPATRIATES SURRENDERING THEIR CITIZENSHIP (AND TAX FILING REQUIREMENT WITH THE IRS) -HERE ARE LEGAL RULES - THERE ARE ALSO SEPARATE AND COMPLEX IRS TAX RULES

 

 A. THE IMMIGRATION & NATIONALITY ACT  Section 349(a)(5) of the Immigration and Nationality Act (INA) (8 U.S.C. 1481(a)(5)) is the section of law governing the right of a United States citizen to renounce abroad his or her U.S. citizenship. That section of law provides for the loss of nationality by voluntarily and with the intention of relinquishing nationality: "(5) making a formal renunciation of nationality before a diplomatic or consular officer of the United States in a foreign state, in such form as may be prescribed by the Secretary of State."

B. ELEMENTS OF RENUNCIATION A person wishing to renounce his or her U.S. citizenship must voluntarily and with intent to relinquish U.S. citizenship: appear in person before a U.S. consular or diplomatic officer, in a foreign country at a U.S. Embassy or Consulate; and sign an oath of renunciation Renunciations abroad that do not meet the conditions described above have no legal effect. Because of the provisions of Section 349(a)(5), U.S. citizens can only renounce their citizenship in person, and therefore cannot do so by mail, electronically, or through agents. In fact, U.S. courts have held certain attempts to renounce U.S. citizenship to be ineffective on a variety of grounds, as discussed below. Questions concerning renunciation of U.S. citizenship in the United Statespursuant to INA section 349(a)(6) must be directed to United States Citizenship and Immigration Services (USCIS) of the Department of Homeland Security. 

 C. REQUIREMENT - RENOUNCE ALL RIGHTS AND PRIVILEGES A person seeking to renounce U.S. citizenship must renounce all the rights and privileges associated with such citizenship. In the case of Colon v. U.S. Department of State, 2 F.Supp.2d 43 (1998), the U.S. District Court for the District of Columbia rejected Colon’s petition for a writ of mandamus directing the Secretary of State to approve a Certificate of Loss of Nationality in the case because, despite his oath of renunciation, he wanted to retain the right to live in the United States while claiming he was not a U.S. citizen. 

 D. DUAL NATIONALITY / STATELESSNESS Persons intending to renounce U.S. citizenship should be aware that, unless they already possess a foreign nationality, they may be rendered stateless and, thus, lack the protection of any government. They may also have difficulty traveling as they may not be entitled to a passport from any country. Statelessness can present severe hardships: the ability to own or rent property, work, marry, receive medical or other benefits, and attend school can be affected. Former U.S. citizens would be required to obtain a visa to travel to the United States or show that they are eligible for admission pursuant to the terms of the Visa Waiver Program. If unable to qualify for a visa, the person could be permanently barred from entering the United States. If the Department of Homeland Security determines that the renunciation is motivated by tax avoidance purposes, the individual will be found inadmissible to the United States under Section 212(a)(10)(E) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(10)(E)), as amended. Renunciation of U.S. citizenship may not prevent a foreign country from deporting that individual to the United States in some non-citizen status.

 E. TAX & MILITARY OBLIGATIONS /NO ESCAPE FROM PROSECUTION Persons who wish to renounce U.S. citizenship should be aware of the fact that renunciation of U.S. citizenship may have no effect on their U.S. tax or military service obligations . You must file special forms and final tax returns with the IRS to avoid having to file taxes in the future. In addition, the act of renouncing U.S. citizenship does not allow persons to avoid possible prosecution for crimes which they may have committed or may commit in the future which violate United States law, or escape the repayment of financial obligations, including child support payments, previously incurred in the United States or incurred as United States citizens abroad.

 F. RENUNCIATION FOR MINOR CHILDREN/INDIVIDUALS WITH DEVELOPMENTAL OR INTELLECTUAL DISABILITIES Citizenship is a status that is personal to the U.S. citizen. Therefore parents may not renounce the citizenship of their minor children. Similarly, parents/legal guardians may not renounce the citizenship of individuals who lack sufficient capacity to do so. Minors seeking to renounce their U.S. citizenship must demonstrate to a consular officer that they are acting voluntarily, without undue influence from parent(s), and that they fully understand the implications/consequences attendant to the renunciation of U.S. citizenship. Children under 16 are presumed not to have the requisite maturity and knowing intent to relinquish citizenship; children under 18 are provided additional safeguards during the renunciation process, and their cases are afforded very careful consideration by post and the Department to assess their voluntariness and informed intent. Unless there are emergent circumstances, minors may wish to wait until age 18 to renounce citizenship.

 G. IRREVOCABILITY OF RENUNCIATION Finally, those contemplating a renunciation of U.S. citizenship should understand that the act is irrevocable, except as provided in section 351 of the INA (8 U.S.C. 1483), and cannot be canceled or set aside absent a successful administrative review or judicial appeal. Section 351(b) of the INA provides that an applicant who renounced his or her U.S. citizenship before the age of eighteen (or lost citizenship related to certain foreign military service under the age of 18) can have that citizenship reinstated if he or she makes that desire known to the Department of State within six months after attaining the age of eighteen. See also Title 22, Code of Federal Regulations, section 50.20. See also Section 50.51 of Title 22 of the Code of Federal Regulations regarding the administrative review of previous determinations of loss of U.S. citizenship. Renunciation is the most unequivocal way by which a person can manifest an intention to relinquish U.S. citizenship. 

In addition to the legal rules set forth above, you must also separately comply with the IRS rules to achieve your goal of no longer filing US tax returns and paying US taxes. Those rules are complex and require filing the form 8854 along with a final tax return. We have counsel hundred of clients in this procedure and assisted them filing the required forms with great success for over 10 years. Contact us if you need assistance and help. We are CPAs and Attorneys and can provide you with ALL of the expertise you need.  Our next blog post will discuss the Tax requirements adn rules. EMAIL US WITH QUESTIONS FOR FOR HELP

Surrendering US Citizenship or Greencard? Here is How it Works

Read the following article from Forbs Magazine.  We have advised or represent dozens of US Citizens on the tax aspects of surrender, prepared the forms, etc. We have also assist long term US permanent residents with the tax matters involved with the surrender their green cards We can help you.  Email us at ddnelson@gmail.com 

FORBES MAGAZINE ARTICLE ON EXIT TAX ON SURRENDERING CITIZENS

TIPS ON RENOUNCING YOUR US CITIZENSHIP FROM FORBES MAGAZINE.

Guidance on renouncing your US citizenship from Forbes Magazine if you want to avoid the future Trump America.

We have assisted and represented well in excess of one hundred expats with the tax and legal aspects of surrendering their US citizenship  or long term green card with great success.  Want to discuss the rules and put together a strategy for your surrender.  Contact us to set up a mini consultation to discuss by skype or by phone. Most clients have discovered it is less complex than they believed.  Email us at ddnelson@gmail.com or call US 949-480-1235.

Americans Surrendering Their US Citizenship At an All time High

It is getting more complicated daily to surrender your US Citizenship.  It is a two step process. The legal side is with the State Department and costs $2,350 plus you must fill out their forms.  Part two requires that you file final tax returns with the IRS and file a special form that states all of your assets.  If your total net worth on surrender exceeds $2,000,000 or includes certain types of items, you may have to pay an exit tax on the current fair market value of some or all of those assets.  Also if your total assets exceed $2,000,000US you may also be subject to restrictions and conditions on visits to the US after surrender and gifts and inheritances left to US beneficiaries or relatives.

You must have filed the last five years tax returns and your  the amount of tax you have paid during those past five years on your income must be below a certain amount to qualify to get rid of your citizenship without tax penalties

Proper tax planning  will often reduce or eliminates many of these potential IRS tax problems. We have advised or assisted over 100 individual citizens or green card holders (long term ones are subject to the same rules) with the process and often saved them hundreds of thousands of dollars in taxes.Email us if you need assistance or help with the complex process and planning it out.

READ MORE ABOUT CURRENT SURRENDERS IN THE  FORBES ARTICLE HERE

Citizen Renunciation Fee to US Government Up 422%

Read More in Forbe Magazine: http://www.forbes.com/sites/robertwood/2015/01/13/citizenship-renunciation-fee-up-422-with-no-return-just-ask-bitcoin-jesus/

Let us know if you need help with your renunciation of US Citizenship or Long Term Green Card Holder Surrender (8 years). We can help you comply with the Tax Laws and help you plan to avoid the possible tax on appreciated property.  ddnelson@gmail.com 

Ultimate US Tax Planning for Expatriates -CITIZENSHIP SURRENDER

Read about the high number of Americans surrender their US Citizenship. Once you do, in most situations (with some exceptions) you no longer have to file US tax returns. If you first acquire citizenship in a low income tax or no income tax country you may never have to pay income taxes again. Over 1,000 surrenders were listed for the first quarter of 2014 by the IRS and State Department.

Where are the low tax or no tax countries? See list of countries and tax rates HERE

See the list of countries with zero income tax per CNBC  HERE:http://www.cnbc.com/id/48054006

We have represented and advised over a hundred expats or US residents surrender their US Citizenship (or Long Term Green Card Holders surrender their residency).  We can prepare the tax forms, and give you the guidance to surrender successfully.  As an Attorney CPA we offer our clients attorney client privilege (absolute confidentiality) and have the knowledge and experience to do all of the complex tax paperwork. If you need assistance email me at ddnelson@gmail.com or visit my website at www.Taxmeless.com or www.expatattorneycpa.com.   

IRS BASIC TAX GUIDE FOR US GREEN CARD HOLDERS & PERMANENT RESIDENTS

The IRS has produced publication 4588 which give US tax guidance to Green Card holders  (or permanent residents without Green Cards) and how effectively surrender their Green Card for tax  READ IT AND DOWNLOAD IT HERE

purposes.

If you are a Green Card holder or permanent resident and need help with your income taxes or with respect to the dual status tax return and Form 8854 which may be due when you surrender it, we can help. We have helped in excess of one hundred clients do so to date.  Email us at ddnelson@gmail.com or visit our website at www.taxmeless.com. 

Abandoning US Citizenship or Green Card and Moving to Lower Tax Jurisdiction

We assist many US Citizens and green card holders surrender their status in order to live abroad and avoid the US taxes. If you are considering taking these steps, but are not sure where to go, this  article from The Altantic will my help you decide to where to live or convince you that US taxes are not so bad.

Of course to take these steps you must first have citizenship in a foreign country (which can be purchased in many countries) and may pay taxes if your net worth (individual net worth and not the joint married net worth) exceeds $2 million. Visit www.TaxMeLess if you wish to learn more.

Wealthy Americans Line Up to Forfeit Passports in Zurich - Businessweek

Excellent article from  Business Week about all of the US Taxpayers surrendering their US Citizenship. It does not include in the total  tally all of the US Green Card holders who have surrendered there permanent residency under a similar program for those individuals  READ BUSINESSWEEK ARTICLE HERE.

Our firm has advised or assisted in excess of one hundred Citizens or Green Card holders with the tax requirements of surrendering their US Tax Status over the past few years and we get inquiries daily.  It is a two STEP  process. The first  STEP is easy. You must have citizenship in another country, pay the US State Department $450, and fill out forms and go through an exit interview.

The second STEP requires that you file a final "Dual Status" us tax return, and Form 8854 which gives the IRS information on your worldwide asset value on the date your surrendered your status.  If the value of your worldwide assets exceed a certain amount, you may owe taxes on the gain you may have in those assets.  Visit our website if you need more information on the process and tax aspects at www.TaxMeLess.com  or www.expatattorneycpa.com.  We can advise you on the process and your situation with the protection of  the  attorney-client privilege privacy rules.

Tax Planning for Acquiring US Citizenship or a Green Card (Permanent Residency)

Those who acquire US permanent residency and/or  US Citizenship often are caught by surprise when it comes time to sell assets (property or stocks or ?) owned before they became US taxpayers.  They  often erroneously assumed the assets they owned before becoming US taxpayers will have a tax basis equal to the value of those assets on the date they became US taxpayers. THIS IS NOT CORRECT.

Under US tax law including Court Decisions, even though an asset was acquired many years before becoming a US taxpayer (Citizen or tax resident) the tax basis for determining gain or loss is the original cost basis of the property (or if inherited the fair market value of the property when it was inherited).  That means when the asset does not get a revised basis on the date of becoming a US taxpayer and US taxes will be paid on appreciation of the asset prior to the date the individual became a US taxpayer.

What to do?  Before becoming a US taxpayer, consider selling your highly appreciated assets to avoid paying US taxes on the gain that occurred prior to that date.

The one exception to the rule stated above, is when you  Surrender your Citizenship or Long Term Tax Residency, for the purposes of determining if you have to pay an exit tax on form 8854, your tax basis IS the fair market value of the property or asset on the date you first became a Long Term Resident or Citizen.

SOME AMERICANS ARE SURRENDERING THEIR CITIZENSHIP TO AVOID FILING US TAX RETURNS

Read the Reuters article here on the large number of Americans surrendering their US Citizenship to avoid having to file tax returns etc.  Their actions are not necessarily to avoid US income taxes since many will then be Citizens of  countries with much higher tax rates than the USA.  Many feel that it is not the high tax burden, but what you get for it that is the true measure of a good tax system.  We have helped or advised hundreds of US Citizens and Green Card holders with respect to the surrender of their US tax status.   If you are interested go to our website at www.taxmeless.com to learn more of the details.

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.