Tag Archives: 877A expatriation tax

The Constitutional Right To Retain U.S. Citizenship May NOT Include A Constitutional Right To Relinquish U.S. Citizenship

The Readers Digest Version

In his motion to dismiss the indictment against him, Roger Ver has argued that the U.S. 877A Expatriation Tax, is an unjustifiable burden on a constitutionally protected right to renounce his U.S. citizenship. (His motion for dismissal also includes a separate and distinct alternative argument that the 877A expatriation tax is unconstitutional because it creates taxation without a “realization event”. This is the issue that formed the basis of the appeal in the Moore case. I will NOT consider that issue in this post.)

The government in reply has argued that no such constitutional right to renounce U.S. citizenship exists. Additional commentary about the background to the Ver indictment is provided by U.S. lawyer Virginia La Torre Jeker here.

The U.S. Constitution, U.S. Citizenship And Constitutional Issues Surrounding U.S. Citizenship

The 14th Amendment is a constitutional provision that prohibits the U.S. government from stripping U.S. citizens of their citizenship (provided that their citizenship is the result of birth or naturalization in the USA.

The 5th Amendment has been used to argue that there is a constitutional right to relinquish U.S. citizenship. To date no court has expressly ruled that there is a constitutional right to relinquish.

Fortunately, INA 349(a) gives U.S. citizens a statutory right to relinquish their citizenship.

It is an open question whether the U.S. government could prohibit ALL relinquishments of U.S. citizenship.

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Considering renunciation Part 1? The Problem is HOW To Make The Renunciation Decision

For Americans U.S. citizenship is an asset that depreciates with age. U.S. citizenship is more valuable for younger people beginning their careers than for older people moving toward retirement. The United States is a large market with many career and employment opportunities. In addition, older people often live off capital, (which if “foreign” to the United States) comes with punitive U.S. taxation and reporting.

There are many reasons to retain U.S. citizenship or to renounce U.S. citizenship. It is a “circumstance dependent” decision. To be clear, the process of renunciation is relatively easy. Renunciation is a process that takes place under the Immigration and Nationality Act. That said, the fact of renunciation has consequences that extend well beyond the Immigration and Nationality Act.

What follows is a list of “some” specifics people should consider as part of making the renunciation decision. This is a “quick and dirty” post. I make no attempt to detail the specific reasons why these considerations may be important. This list is intended only to “raise your level of awareness” about a decision that has long term implications in your life.

The renunciation decision requires a tolerance for uncertainty.

Deciding whether to renounce is a decision made in an uncertain environment. Where there is uncertainty one must think in terms of “better vs. worse” outcomes. Not “right vs. wrong” outcomes.

On the one hand one never knows what the future could hold.

On the other hand U.S. citizenship carries many present and future costs.

The process of renouncing U.S. citizenship is easy.

The process of understanding the implications that renunciation may have on your life are neither easy nor well understood.

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Biden 2024 Green Book: Message To Accidental Americans – Either comply or renounce!

Part I – Summary of post:

The proposals for Americans abroad include:

1. A provision to (and presumption of) heighten enforcement of the 877A exit tax through changes in the Internal Revenue Code

2. A possible “carve out” from the 877A exit tax for certain Americans abroad with limited ties to the United States (under rules prescribed by the Treasury Secretary)

3. NO RELIEF whatsoever from U.S. citizenship taxation and the way that the rules apply to Americans abroad. This assumes a continuation of U.S. citizenship taxation with no evidence of change.

In other words: Either comply or renounce!

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To Renounce US Citizenship Or Not To Renounce – That Is The Question

In May of 2021 John Richardson participated in this podcast with 4 The Now Media.

It has become increasingly difficult for US citizens living outside the United States to comply with the US tax and regulatory regime. Unfortunately Americans abroad are being constructively forced to renounce US citizenship.

People are NOT renouncing US citizenship because they want to! They are renouncing because they have to!

The following podcast discusses many of the issues surrounding the renunciation decision. The discussion includes a discussion of several profiles, the applicability of the 877A Exit Tax and the dual citizenship from birth exemption.

Follow me on Twitter @Expatriationlaw