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Certain dual-citizens. You can qualify for the exception described above if you meet both of the following requirements. You became at birth a U.S. citizen and a citizen of another country and, as of your expatriation date, you continue to be a citizen of, and are taxed as a resident of, that other country.
The US Exit Tax, or Expatriation Tax, is levied on individuals renouncing their US citizenship or green card. Governed by IRC Section 877A, this tax is specifically designed for high-net-worth individuals. It ensures that their worldwide income and assets are taxed prior to exiting the US tax system.
Individuals who renounced their U.S. citizenship or terminated their long-term resident status for tax purposes on or before June 3, 2004, must file a Form 8854, Initial and Annual Expatriation Information Statement, and its Instructions, to comply with the notification requirements under IRC 877.
Form 8854 is a tax form used by long-term residents relinquishing their Green Card and U.S. citizens renouncing their citizenship. Until you file it, you will remain a U.S. person for tax purposes.
Form 8854 Instructions: U.S. Citizens and Permanent Residents who are considered long-term residents file IRS Form 8854. The 8854 form is filed in the year after expatriation. For example, if a Long-Term Resident relinquishes citizenship in 2023, then in 2024 when he files his 2023 tax return, he includes Form 8854.
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Under Internal Revenue Code (IRC) sections 877 and 877A, the US exit tax applies to US citizens or green card holders who are deemed covered expatriates (see below) when they renounce their citizenship or permanently leave the US for federal tax purposes.
You can file Form 8854 electronically with Form 1040NR returns except in the following cases: Situations that need an extra statement. Form 8854, Page 3, Section B.
The exit tax is calculated based on the deemed sale of an individuals worldwide assets on the day before their expatriation. This means that the expatriate is assumed to have sold all their assets at their fair market value and would be subject to tax on any gains.