Tag Archives: 877A Exit Tax

The United States imposes a separate and more punitive tax system on US dual citizens who live in their country of second citizenship

Prologue


Do you recognise yourself?
You are unable to properly plan for your retirement. Many of you with retirement assets are having them confiscated (at this very moment) courtesy of the Sec. 965 transition tax. You are subjected to reporting requirements that presume you are a criminal. Yet your only crime was having been born in America (something you didn’t even choose) and attempting to live as a U.S. tax compliant American outside the United States. Your comments to my recent article at Tax Connections reflect and register your conviction that you should not be subjected to the extra-territorial application of the Internal Revenue Code – when you don’t live in the United States.
The Internal Revenue Code: You can’t leave home without it!
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Why is the United States imposing an “Exit Tax” on the Canadian pensions of Canadian citizens living in Canada?

This post is based on (but is NOT identical to) a July 17, 2017 submission in response to Senator Hatch’s request for Feedback on Tax Reform
“Re the impact of the S. 877A “Exit Tax” on those “Americans living abroad” who relinquish U.S. citizenship:
Why is the United States imposing an “Exit Tax” on their “non-U.S. pensions” and “non-U.S. assets”? After all, these were earned or accumulated AFTER the person moved from the United States?”
Part A – Why certain aspects of the Exit should be repealed
In a global world it is common for people to establish residence outside the United States. Many who establish residence abroad either are or become citizens of other nations. Some who become citizens of other nations do NOT wish to be “dual citizens”. As a result, they “expatriate” – meaning they relinquish their U.S. citizenship. By relinquishing their U.S. citizenship they are cutting political ties to the United States. They are signalling that they do NOT wish the  opportunities, benefits and protection from/of the United States.
Yet Internal Revenue Code S. 877A imposes a separate tax on “expatriation”. The “expatriation tax” is discussed in a series of posts found here.
Specific examples of HOW the “Exit Tax Rules” effectively confiscate pensions earned outside the United States are here.
Assuming, “covered expatriate status” and NO “dual-citizen exemption to the Exit Tax“, the S. 877A “Exit Tax” rules operate to:

  1. Virtually “confiscate” non-U.S. pensions that were earned when the individual was NOT a  United States resident; and
  2. Allow for the retention of “U.S. pensions” which were earned while the individual WAS a resident of the United States.

(One would think that the result should be THE EXACT OPPOSITE!”)
Specific request: The S. 877A Exit Tax should be repealed. If the United States is to impose a tax on expatriation, the tax should not extend to “non-U.S. pensions” earned while the individual was NOT a U.S. resident. Furthermore, the tax should NOT extend to “non-U.S. assets” that were accumulated while the individual was NOT a U.S. resident.
But, that’s assuming that the United States should have ANY kind of “Exit Tax!”
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New instructions to book Canada appointments to relinquish or renounce US citizenship


Click here if you want help with your renunciation of U.S. citizenship.
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Updates – February 2018:
I am available to assist you on a “consultation basis” (fee based). If you wish assistance please contact me by email or through the contact form..


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So, what’s new?
The 2017 “Tax Cuts and Jobs Act” failed to provide any relief for the “tax residents of other countries” that are subject to U.S. “worldwide taxation”. The United States continues to impose “worldwide taxation” on the “tax residents” of other countries (who do not live in the USA). There are some who believe that the situation is now worse. Specifically that the United States is now imposing a “transition tax” on the owners of Canadian Controlled Private Corporations. The demand to renounce U.S. citizenship continues to grow.I predict that number of renunciations will dramatically increase. Those Canada U.S. dual citizens who have NEXUS cards should read the following post which discusses the impact of renouncing U.S. citizenship on your existing NEXUS card.
Those who are NOT renouncing but are attempting to seek a “relinquishment” based on an earlier “expatriating act” will need to complete DS-4079 (and I strongly suggest get professional advice).
Those who want additional information about the lawful abandonment of lawful permanent resident status (Green Cards) should read here.
For those who want to  book appointments to relinquish or renounce U.S. citizenship in Canada:

  1. These new instructions have recently taken effect.
  2. In order to book an appointment you email: CanadaCLNInquiries@state.gov
  3. You will receive a reply that includes (see below)
  4. Note that you are not permitted to have an “attorney” with you at the appointment
  5. You must also complete the questionnaire which is here:

Questionnaire
(Canada seems to NOTcontinue require Form 4079 to RENOUNCE an issue that I have discussed here.) Form 4079 is used for RELINQUISHMENTS.
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