Note from Phil: this is the tenth episode of The Expatriation Chronicles, in which we follow the renunciation process from start to finish with a 17-year old Irish girl who is an Accidental American.
A showed up for her second appointment and successfully renounced her US citizenship. Here is her report:
I’ve done it!! Apart from some minor issues, like still having to file for zero taxes and having to wait for the official renunciation confirmation, I am now no longer American, but Irish only!
On the whole it went rather smoothly and everybody was extremely friendly, although subtly pushy at times.
There are a few things worth mentioning, like you either need to pay in cash (dollars would be better as the exchange rate used by the Embassy was not the most beneficial for me, but in favour of the Embassy). A credit/debit card would have been acceptable, but it has to be one’s own and not a relative’s. However, as I do not yet possess one, this was not an option for me. Additionally I had to pay for the courier to return the final renunciation certificate (approx. $15.00).
Secondly, it is worth noting that should you turn up before your appointment time you will be turned away and told to come back later. As I had travelled in by train and arrived quite a bit earlier, I had tried to “slip in” before my appointed time, but, alas, no luck. Never mind.
This is what happened when my time came:
Once I was through security (it still freaks me out having people with machine guns standing close by), things moved along really quickly. Several minutes wait, call to the “questioning window” – why renounce, am I sure? – the usual!
Forms DS4080 and 4081 were pre-filled and I had to read through them to make sure everything was correct, at which point I was requested to give a separate written explanation of my reasons for renunciation as I am under the age of 18. The latter was a bit of a surprise.
After that a bit more re-reading, confirming I understood the dire consequences of renouncing and a few boxes needed to be ticked.
Off to pay the renunciation fee.
And only then did I have the final interview. I wonder what would have happened to the money if at this point they had refused to agree to my request to allow me to escape (also known as my right to renounce). A member of staff looked through my additional explanation sheet I had supplied, asked me several questions (how long had I been thinking about renunciation, why, was I really REALLY sure – his comment: “You do not have to feel American in order to have an American passport”).
Next: forms to sign and the oath to be read out.
Lastly, I was given a letter acknowledging that I’d renounced, which will serve as proof until the actual certificate arrives – hopefully within the next six months.
The whole process, excluding going through security, took about 1 hour. Once outside again, I called my mum and told her I had finished and then celebrated with an ice cream.
Incidentally, my social security number card arrived in the post on Tuesday. Tax returns, here I come!
Phil Hodgen
Philip D. W. Hodgen is the principal attorney of HodgenLaw PC, an international tax law firm based in Pasadena, California. He earned his undergraduate degree from Claremont McKenna College and his law degree from the School of Law at the University of California, Los Angeles. He then went on to earn a Master of Laws degree with a specialty in taxation from the University of San Diego School of Law. Admitted to the California bar in 1982, Phil spent nine years in law firms and with a large U.S. bank before starting his own firm in 1991.
Phil is a past chair of the International Tax Committee of the State Bar of California's Tax Section and was a member of the Executive Committee of the State Bar of California's Tax Section for 2004-2007. Phil frequently speaks on a variety of international tax, trust and estate topics to attorneys, accountants, and real estate professionals.
“Expatriate” to the U.S. tax authorities means someone who: relinquishes his/her U.S. citizenship; or cancels his/her U.S. permanent residency (AKA “green card”) status, where U.S. residency has continued for at least 8 years. We help people expatriate — we handle their wranglings with the State Department and the Internal Revenue Service. So I watch for…
We’re working on a rash of cases in which people are giving up their permanent resident visas or U.S. citizenship — expatriation cases. Expect a few blog posts along the way. Key resource for you Here’s a link to the IRS website and Notice 2009-85. This notice was published in October, 2009 and is the…
Yeah I’m internet famous. Or something. I was interviewed for an article that was published in TIME Magazine, Why More U.S. Expatriates Are Turning in Their Passports. Thanks, Helena for this. Our experience is that we are getting a lot of people who are looking to bail out of the United States. By far the majority…
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We do nothing but international tax stuff. On the outbound side (U.S. humans and companies doing business outside the USA) we have a steady flow of questions about the foreign earned income exclusion. The Federal government has just done a review of tax returns claiming the foreign earned income exclusion and has found (shocking, I…
People who give up their U.S. citizenship or their green card visas are subjected to the exit tax. This is imposed under Section 877A of the Internal Revenue Code. The exit tax treats you as having sold all of your assets on the day before you gave up your citizenship or your green card. If…
8 Comments
Phil, could you comment on how to file zero returns? I can’t figure out how to do it. The only options seem to be Quiet Disclosure (frowned on, I gather) or the Streamlined Procedures, which don’t seem designed for a renunciant filing five years zero returns. I don’t want to certify under penalty of perjury that I fit the Streamlined criteria if it’s not the case!
Phil, could you comment on how to file zero returns? I can’t figure out how to do it. The only options seem to be Quiet Disclosure (frowned on, I gather) or the Streamlined Procedures, which don’t seem designed for a renunciant filing five years zero returns. I don’t want to certify under penalty of perjury that I fit the Streamlined criteria if it’s not the case!
Happy days, A. 🙂 Congratulations! I did it last month – in Amsterdam, because I share your dislike of the guns. Kind of ironic that you and I will now be on the list of individuals it’s illegal to sell a gun to in America!
Good luck with your studies.
Iota
Happy days, A. 🙂 Congratulations! I did it last month – in Amsterdam, because I share your dislike of the guns. Kind of ironic that you and I will now be on the list of individuals it’s illegal to sell a gun to in America!
Good luck with your studies.
Iota
Don’t any of the staff in Grosvenor Square think this situation is wrong? At this point renunciations must as routine at the American Embassy as staff at McDonald’s taking an order for a Quarter Cheese Value Meal – that’ll be $2350 please. Would you like a Super Size renunciation?
On the flip side, she’ll still have to constantly prove to FFIs that she isn’t American. In the EU the principle that needs to be established is if you open an account with an EU passport, and resident there, no more questions asked American or not.
It’s been said the American Tax Code is 70,000 pages, and the British is 17,000. Why should’ve that girl have to comply with 87,000 pages of tax code, when someone next to her only complies with 17,000 and they’re both EU citizens.
It needs to be challenged in an EU court.
Don’t any of the staff in Grosvenor Square think this situation is wrong? At this point renunciations must as routine at the American Embassy as staff at McDonald’s taking an order for a Quarter Cheese Value Meal – that’ll be $2350 please. Would you like a Super Size renunciation?
On the flip side, she’ll still have to constantly prove to FFIs that she isn’t American. In the EU the principle that needs to be established is if you open an account with an EU passport, and resident there, no more questions asked American or not.
It’s been said the American Tax Code is 70,000 pages, and the British is 17,000. Why should’ve that girl have to comply with 87,000 pages of tax code, when someone next to her only complies with 17,000 and they’re both EU citizens.
It needs to be challenged in an EU court.
May I be the first to congratulate you, A, on successfully getting over the largest hurdle in the process. Your maturity throughout all of this has been impressive. And now, welcome to freedom!
As for “You do not have to feel American in order to have an American passport”… of course, the converse is also true. Being American, if that’s what you want, is a state of mind and a set of ideals, and far more meaningful than a bit of government paper.
May I be the first to congratulate you, A, on successfully getting over the largest hurdle in the process. Your maturity throughout all of this has been impressive. And now, welcome to freedom!
As for “You do not have to feel American in order to have an American passport”… of course, the converse is also true. Being American, if that’s what you want, is a state of mind and a set of ideals, and far more meaningful than a bit of government paper.
Comments are closed.
Tax laws change over time, and the information in this post above may be less accurate today than it was at the time of the last revision. This post is not tax advice for your specific situation. Please contact an international tax professional to get personalized advice for your situation.
Phil, could you comment on how to file zero returns? I can’t figure out how to do it. The only options seem to be Quiet Disclosure (frowned on, I gather) or the Streamlined Procedures, which don’t seem designed for a renunciant filing five years zero returns. I don’t want to certify under penalty of perjury that I fit the Streamlined criteria if it’s not the case!
Phil, could you comment on how to file zero returns? I can’t figure out how to do it. The only options seem to be Quiet Disclosure (frowned on, I gather) or the Streamlined Procedures, which don’t seem designed for a renunciant filing five years zero returns. I don’t want to certify under penalty of perjury that I fit the Streamlined criteria if it’s not the case!
Happy days, A. 🙂 Congratulations! I did it last month – in Amsterdam, because I share your dislike of the guns. Kind of ironic that you and I will now be on the list of individuals it’s illegal to sell a gun to in America!
Good luck with your studies.
Iota
Happy days, A. 🙂 Congratulations! I did it last month – in Amsterdam, because I share your dislike of the guns. Kind of ironic that you and I will now be on the list of individuals it’s illegal to sell a gun to in America!
Good luck with your studies.
Iota
Don’t any of the staff in Grosvenor Square think this situation is wrong? At this point renunciations must as routine at the American Embassy as staff at McDonald’s taking an order for a Quarter Cheese Value Meal – that’ll be $2350 please. Would you like a Super Size renunciation?
On the flip side, she’ll still have to constantly prove to FFIs that she isn’t American. In the EU the principle that needs to be established is if you open an account with an EU passport, and resident there, no more questions asked American or not.
It’s been said the American Tax Code is 70,000 pages, and the British is 17,000. Why should’ve that girl have to comply with 87,000 pages of tax code, when someone next to her only complies with 17,000 and they’re both EU citizens.
It needs to be challenged in an EU court.
Don’t any of the staff in Grosvenor Square think this situation is wrong? At this point renunciations must as routine at the American Embassy as staff at McDonald’s taking an order for a Quarter Cheese Value Meal – that’ll be $2350 please. Would you like a Super Size renunciation?
On the flip side, she’ll still have to constantly prove to FFIs that she isn’t American. In the EU the principle that needs to be established is if you open an account with an EU passport, and resident there, no more questions asked American or not.
It’s been said the American Tax Code is 70,000 pages, and the British is 17,000. Why should’ve that girl have to comply with 87,000 pages of tax code, when someone next to her only complies with 17,000 and they’re both EU citizens.
It needs to be challenged in an EU court.
May I be the first to congratulate you, A, on successfully getting over the largest hurdle in the process. Your maturity throughout all of this has been impressive. And now, welcome to freedom!
As for “You do not have to feel American in order to have an American passport”… of course, the converse is also true. Being American, if that’s what you want, is a state of mind and a set of ideals, and far more meaningful than a bit of government paper.
May I be the first to congratulate you, A, on successfully getting over the largest hurdle in the process. Your maturity throughout all of this has been impressive. And now, welcome to freedom!
As for “You do not have to feel American in order to have an American passport”… of course, the converse is also true. Being American, if that’s what you want, is a state of mind and a set of ideals, and far more meaningful than a bit of government paper.