Tag Archives: Phil Hodgen

I’ll be back: Revisiting Expatriation for tax purposes vs. Expatriation for citizenship purposes

 

A recent post from Phil Hodgen discussing relinquishing U.S. citizenship and expatriation ends with:

People care about this because they are angling for an earlier expatriation date than “now”, whatever “now” is. It won’t work. If you are a U.S. citizen, you will not have an expatriation date earlier than an objective event involving paperwork. Invoking the time traveler exception again, this is impossible to do unless you have that special ability. Determine your expatriation date for tax purposes as of right now (whenever “now” is for you), and compute the tax consequences accordingly.

As one commenter wrote:

As someone born ‘dual’, and unable to acquire the magical, ‘back-dated’ CLN, I am personally unaffected. However, I think this article just caused a lot of people more sleepless nights. The nightmare never ends.

In my respectful submission the 877A rules:

– apply to those expatriating after the 877A provisions took effect in 2008; and

– do NOT apply to those expatriating prior to the 877A provisions becoming law.

The 877A rules should NOT be read to operate retrospectively.

The 877A rules should be understood to apply when both the expatriating act and the “objective event confirming the paperwork” took place after the 877A rules took effect.

The reasons for my thinking …

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OVDI Collateral Damage The Story Must Be Told

Those of you reading this blog are familiar with my conviction that the U.S. has completely abandoned its historical and constitutional roots. Let me be more precise. It is the Government of the United States that is the problem. The country is run by one of two private clubs – I am referring to the Democrat and the Republican parties.  America’s first president George Washington – feared and opposed political parties. In any case, I want to make a specific point: The country and the political process is for the people – not for the politicians, not the IRS, not the political parties, not the mainstream media. November 12, 2011 was the annual celebration of a day for our veterans of armed conflict. During World War II, the allied powers went to war to protect their freedom and liberty from the axis powers. Freedom and liberty is NOT the natural order of the universe. Continue reading