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Re: The 10 year rule on filing taxes after loss of citizenship

 

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Subject Author Date
Re: The 10 year rule on filing taxes after loss of citizenship Andy 06-03-2006
Posted by Andy on June 3, 2006, 10:03 am
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> Moderator:
> Harlan, mi amigo, it has been the law for many years. The
> IRS gets him/her if and when he/she returns to the United
> States. While they are waiting, they freeze any assets
> they can find.

Andy writes:

I found this layman's explanation at a googled website and
thought it might add clarity here.

************** START OF CUT AND PASTE ***********************

A 1996 anti-expatriation law inspired by the Forbes article
asserts limited U.S. tax jurisdiction for a period of 10
years over persons who renounce their U.S. citizenship "with
the principal purpose of avoiding U.S. taxes." Also covered
by this law are permanent resident aliens ("green card"
holders) or anyone else who has resided in the United States
for any eight of the preceding 15 years.

For the purposes of this law, tax avoidance is presumed to
be the true purpose if, at the time of expatriation, an
expatriate's net worth exceeds US$552,000 or he or she pays
an annual tax bill exceeding US$110,000, figures that are
indexed for inflation annually. However, with proper
planning, it is relatively easy to avoid U.S. taxes during
this 10-year period.

The lengths to which politicians will go to penalize
expatriates is demonstrated by a never-enforced provision of
U.S. law, also enacted in 1996, that permits the Attorney
General to bar from returning to the United States anyone
who renounces their U.S. citizenship to avoid U.S. taxes.
In this manner, Congress lumped individuals exercising their
legal right to avoid taxes with narcotics traffickers and
terrorists.

*****************END OF CUT AND PASTE ******************************

Andy comments:

So, if a lot of Mexican green card holders work in the US
for 8 years and goes back to Mexico, our tax law says they
have to pay US taxes for the next 10 years..... I wonder if
anybody realizes that, or is it just another law that the US
will forget about to accomodate our Mexican neighbors ......

Also, note that the 1996 law put a NUMBER on the net worth .
If your net worth when you leave is less than $552,000 then
you do NOT have to pay US taxes after you renounce your
citizenship.....

Andy in Eureka, Texas

<< ======================================================= >>
<< The foregoing is intended for educational purposes only >>
<< and does NOT constitute legal OR professional advice. >>
<< >>
<< The Charter and the Guidelines for submitting >>
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<< Copyright (2006) - All rights reserved. >>
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Posted by Harlan Lunsford on June 4, 2006, 12:54 am
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Andy wrote:
>> Moderator:
>> Harlan, mi amigo, it has been the law for many years. The
>> IRS gets him/her if and when he/she returns to the United
>> States. While they are waiting, they freeze any assets
>> they can find.

> Andy writes:
>
> I found this layman's explanation at a googled website and
> thought it might add clarity here.
>
> ************** START OF CUT AND PASTE ***********************
>
> A 1996 anti-expatriation law inspired by the Forbes article
> asserts limited U.S. tax jurisdiction for a period of 10
> years over persons who renounce their U.S. citizenship "with
> the principal purpose of avoiding U.S. taxes." Also covered
> by this law are permanent resident aliens ("green card"
> holders) or anyone else who has resided in the United States
> for any eight of the preceding 15 years.
>
> For the purposes of this law, tax avoidance is presumed to
> be the true purpose if, at the time of expatriation, an
> expatriate's net worth exceeds US$552,000 or he or she pays
> an annual tax bill exceeding US$110,000, figures that are
> indexed for inflation annually. However, with proper
> planning, it is relatively easy to avoid U.S. taxes during
> this 10-year period.
>
> The lengths to which politicians will go to penalize
> expatriates is demonstrated by a never-enforced provision of
> U.S. law, also enacted in 1996, that permits the Attorney
> General to bar from returning to the United States anyone
> who renounces their U.S. citizenship to avoid U.S. taxes.
> In this manner, Congress lumped individuals exercising their
> legal right to avoid taxes with narcotics traffickers and
> terrorists.
>
> *****************END OF CUT AND PASTE ******************************
>
> Andy comments:
>
> So, if a lot of Mexican green card holders work in the US
> for 8 years and goes back to Mexico, our tax law says they
> have to pay US taxes for the next 10 years..... I wonder if
> anybody realizes that, or is it just another law that the US
> will forget about to accomodate our Mexican neighbors ......
>
> Also, note that the 1996 law put a NUMBER on the net worth .
> If your net worth when you leave is less than $552,000 then
> you do NOT have to pay US taxes after you renounce your
> citizenship.....

Whew! thanks for that, Andy. At least I was right as to
the 10 year rule applying to the majority of people. Like
me. IF I ever decided to emigrate over to the Land of Light
where the streams flow clear and the whiskey if the best.

ChEAr$,
Harlan Lunsford, EA n LA

<< ======================================================= >>
<< The foregoing is intended for educational purposes only >>
<< and does NOT constitute legal OR professional advice. >>
<< >>
<< The Charter and the Guidelines for submitting >>
<< messages to this newsgroup are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ======================================================= >>

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