— John Richardson – lawyer for "U.S. persons" abroad (@ExpatriationLaw) October 2, 2018
The logical progression continues …
I just got off the phone with someone who has just received a letter from the IRS stating that:
1. He had a “seriously delinquent” tax debt; and
2. That notice of the “seriously delinquent” tax debt was being forwarded to the State Department.
(In 2016 I did a presentation on this topic just a few months after the law came into force. You may view the presentation here.)
It is clear that the letters from the IRS have started to go out. The purpose of this post is to explain in simple terms what this means for Americans abroad. To put it simply:
1. If you have received the notice and you do NOT have a current U.S. passport then: The State Department cannot issue you a passport.
2. If you have received the notice and you DO have a current U.S. passport then: The State Department may revoke your passport but is not required to revoke your passport. Continue reading →
This post is a reminder for Canadian citizens traveling outside of Canada who wish to return to Canada by air! YOU NEED THE RIGHT KIND OF “TRAVEL DOCUMENT” TO RETURN TO CANADA!
Section 6 of Canada’ Charter of Rights and Freedoms guarantees the right of Canadian citizens to enter Canada.
6. (1) Every citizen of Canada has the right to enter, remain in and leave Canada.
Yet, certain travel documents are required as proof of identity and citizenship.
There is a distinction between a “travel document” and one’s “citizenship or immigration status”. The “travel document” is generally considered to be “proof” of the “citizenship status”. A Canadian “permanent resident” card, which is valid for at most five years, is proof of having the status of “permanent resident” of Canada. A U.S. Green Card, which is subject to renewal, is a document that is proof of having the status of being a lawful permanent resident of the United States. All travel documents are valid for finite periods of time and must be renewed.
The expiration of the “travel document” does not affect the “citizenship” or “immigration” status. For example, the failure to renew the U.S. Green Card does NOT mean that you lose the right to live permanently in the United States. (You will be required to file U.S. taxes until your status as a lawful permanent resident has been terminated. The recent cases of Mr. Topsnik, discussed here and here, confirm that Green Card holders are subject to U.S. taxation until their status as permanent residents has been terminated.) Continue reading →