Category Archives: Certificate of Loss Of Nationality

Individuals, Treasury, The State Department And IRC 6039G: Who has to report what when an individual renounces US citizenship?

Renunciation of U.S. Citizenship triggers a “Reporting Frenzy”!

It’s simply unbelievable. The renunciation of U.S. citizenship triggers more reporting obligations on the part of individuals and government agencies than anything else. More than birth. More than death. More than marriage. More than bankruptcy. More than conviction of a crime (probably). It’s unbelievable.

The purpose of this post is to “slice and dice” what those reporting obligations are.

Let’s Go On A Magical Reporting Tour

The rules governing information reporting when one relinquishes U.S. citizenship are found in Internal Revenue Code 6039G. They impose reporting obligations on “some” individual relinquishers (“covered expatriates”), the State Department whenever a Certificate of Loss Of Nationality has been issued and on U.S. Treasury. (I will comment separately on the situation of Green Card holders at the end of this post.) Most of this is summarized in the following two tweets. But, because this is so confused, I am going to take the time to parse the statute.

It’s all in Internal Revenue Code – 6039G Note that Section 6039G is found in Subtitle F which is the – “Procedure and Administration” – part of the Internal Revenue Code. In other words, it deals only with information reporting. It does NOT impose taxation. Interestingly, Section 6039G imposes reporting requirements on individuals, the State Department, U.S. Treasury (and in the case of Green Card holders) the Immigration authorities.

That pretty much sums it up. For those who want to understand the analysis …

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How To Replace A Lost US Certificate Of Loss Of Nationality or Consular Report Of Birth Abroad

I have been asked this question before and at the time was unable to answer. Since, I have found the answer I wanted to “store the answer” in a post. Surely, this must affect a lot of people.

1. Here is the link (as of today’s date) that explains how to replace a Certificate of Loss Of Nationality.

https://travel.state.gov/content/travel/en/passports/have-passport/passport-records.html

2. Note that Certificates Of Loss Of Nationality are found under “Passport Records”.

3. In case the link is changed, here is specifically what it says:

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