Former U.S. Citizens Face Visa Discrimination Returning to the USA

The numbers of U.S. citizens and long-term residents "expatriating"—i.e., giving up U.S. citizenship or long-term permanent residence status—is skyrocketing. Official statistics from the IRS state that in 2011, almost 1,800 people gave up their U.S. citizenship or handed in their "Green Card" to U.S. authorities.

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IRS Clarifies Offshore Investment Reporting Rules Again

You have to credit the folks at the IRS for their ironic sense of humor. On June 20, 2012, the IRS clarified offshore reporting rules for 2011 with respect to Form 8938, “Statement of Specified Foreign Financial Assets." While the clarifications are both significant and welcomed, it would have been nice if the IRS hadn't waited two months after the filing deadline for Form 8938 (April 17, 2012). (The form, if required, was due with a U.S. taxpayer's 2011 tax return).

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Feds Revoke Citizenship at Border, Then Deny U.S. Nationality

Can the U.S. government force you to sign a document that strips you of your nationality? Longstanding legal precedent says U.S. citizens end U.S. citizenship only "with the intention of relinquishing United States nationality." However, several cases have emerged where the U.S. Customs and Border Protection (C&BP) agency has coerced native-born U.S. citizens into signing away their birthright.

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Facebook Co-Founder Unfriends USA… Now the Empire Strikes Back

Brazilian-born Facebook co-founder Eduardo Saverin relinquished his U.S. citizenship late last year. As an expatriate, Saverin must pay an "exit tax" on the value of any unrealized gains in his worldwide estate, less a $636,000 exclusion for 2011. I'm not privy to billionaire Saverin's financial affairs, but I have no reason to doubt his statement that he will pay "hundreds of millions" of dollars in exit tax to the U.S. government. Some of this tax is on the pre-initial public offering (pre-IPO) value of his Facebook shares.

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IRS: Offshore Banks Will Need to Disclose Precious Metals Held by U.S. Clients

Earlier this week, I participated in to a teleconference sponsored by the Society of Trust and Estate Practitioners and the International Law section of the American Bar Association. The conference addressed the expanded offshore asset disclosure requirements brought into effect by the Foreign Account Tax Compliance Act (FATCA). (For background on FATCA  see here, here.)

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The Taxpayer Advocate Service and the IRS

Occasionally, the U.S. Congress discovers to its great surprise that the agency it created to collect revenues for the federal government, the Internal Revenue Service, engages in systematic abuse of taxpayers. In one such moment in 1979, Congress created the Office of the Taxpayer Ombudsman as a taxpayer advocate within the IRS. This office eventually became the Taxpayer Advocate Service (TAS). by authority of first so-called "Taxpayer Bill of Rights" in 1988.

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