PLR 200105051: Returning spouse's green card surrender lacked a tax-avoidance purpose

Plain-English summary

A woman moved to the United States when her spouse was transferred for work, obtained a green card, then returned to her country of birth and surrendered the card. Her net worth exceeded the threshold for a tax-avoidance presumption under the expatriation rules then in effect. Because she was taxed on worldwide income in her birth country, she could request an individual ruling under IRS Notice 98-34. The IRS found her submission complete and made in good faith, and concluded that she had no principal purpose of avoiding U.S. taxes. It ruled that the section 877(a)(2) presumption would not apply to her.

Ruling snapshot

• Question: Was avoiding U.S. tax a principal purpose of surrendering the green card under the then-applicable rules?
• Outcome: Approved; the IRS found no principal tax-avoidance purpose on the submitted facts.
• Key authorities: IRC §§ 877(a)(2), 877(c)(1), 2107, 2501(a)(3); Notice 98-34.

Full text (IRS public release)

Internal Revenue Service
Department of the Treasury

Number: 200105051
Washington, DC 20224
Release Date: 2/2/2001
Index Number: 877.01-00
Person to Contact:

Telephone Number:
(202) 622-3880
Refer Reply To:
CC:INTL:Br1-PLR-100215-00
Date:
November 3, 2000

TY:

A
=

Country B
=

Year 1
=

Year 2
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Year 3
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Year 4
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Date C
=

Dear
:

This is in response to a letter from your authorized representative dated December 28, 1999, requesting a ruling that A’s surrender of her U.S. Alien Registration Card (Green Card) did not have for one of its principal purposes the avoidance of U.S. taxes under subtitle A or subtitle B of the Code. Additional information was submitted in letters dated March 29 and July 27, 2000. The information submitted for consideration is substantially as set forth below.

The ruling contained in this letter is based upon information and representations submitted by the taxpayer and accompanied by a penalty of perjury statement executed by an appropriate party. While this office has not verified any of the material submitted in support of the request for rulings, it is subject to verification on examination. 2 PLR-100215-00

A was born in Country B in Year 1. A’s spouse was transferred by his employer to the United States in Year 2. Accordingly, A and her spouse began residing in the United States in a Year 2. A obtained her Green Card in Year 3. A returned to Country B in Year 4, and surrendered her Green Card (expatriated) on Date C. A will be subject to Country B tax on her worldwide income. On the date of A’s expatriation, her net worth exceeded the amount set forth in section 877(a)(2).

Section 877 generally provides that a citizen who loses U.S. citizenship or a U.S. long-term resident who ceases to be taxed as a lawful permanent resident (individuals who "expatriate") within the 10-year period immediately preceding the close of the taxable year will be subject to the special rules of section 877(d) for such taxable year, unless such loss did not have for one of its principal purposes the avoidance of U.S. taxes. Sections 2107 and 2501 (a)(3) provide special estate and gift tax regimes, respectively, for individuals who expatriate with a principal purpose to avoid U.S. taxes.

A former U.S. citizen or former U.S. long-term resident will be treated as having expatriated with a principal purpose to avoid U.S. taxes for purposes of sections 877, 2107 and 2501 (a)(3) if the individual’s average income tax liability or the individual’s net worth on the date of expatriation exceed certain thresholds. See sections 877(a)(2), 2107(a)(2)(A) and 2501 (a)(3)(B).

A former U.S. citizen whose net worth or average tax liability exceeds these thresholds, however, will not be presumed to have a principal purpose of tax avoidance if that former citizen is described within certain statutory categories and submits a request for a ruling within one year of the date of loss of U.S. citizenship for the Secretary’s determination as to whether such loss had for one of its principal purposes the avoidance of U.S. taxes. See sections 877(c)(1), 2107(a)(2)(B), and 2501 (a)(3)(C).

Under Notice 98-34, 1998-27 I.R.B. 30, modifying Notice 97-19, 1997-1 C.B.
394, a former long-term resident whose net worth or average tax liability exceeds the applicable thresholds will not be presumed to have a principal purpose of tax avoidance if that former resident is described within certain categories and submits a complete and good faith request for a ruling as to whether such loss had for one of its principal purposes the avoidance of U.S. taxes.

Notice 98-34, requires that certain information be submitted with a request for a ruling that an individual’s expatriation did not have for one of its principal purposes the avoidance of U.S. taxes.

A is eligible to request a ruling pursuant to Notice 98-34 because she is a resident of Country B and her worldwide income is subject to Country B tax, the country in which she was born. 3 PLR-100215-00

A submitted all of the information required to be submitted by Notice 97-19, as modified by Notice 98-34, including additional information requested by the Service after review of the submission.

Accordingly, based solely on the facts submitted and the representations made, we conclude that A has made a complete and good faith submission in accordance with section 877(c)(1)(B) and Notice 98-34. Therefore, A will not be presumed under section 877(a)(2) to have as one of her principal purposes for expatriating the avoidance of U.S. taxes. We further conclude that A will not be treated under section 877(a)(2) as having as one of her principal purposes for expatriating the avoidance of U.S. taxes because the information submitted clearly establishes the lack of a principal purpose to avoid taxes under subtitle A or B of the Code.

Except as expressly provided herein, no opinion is expressed or implied concerning the tax consequences of any aspect of any transaction or item discussed or referenced in this letter. In addition, no opinion is expressed as to A’s U.S. tax liability for the taxable years prior to or after her expatriation under sections of the Code other than sections 877, 2107, and 2501 (a)(3).

A copy of this letter must be attached to A’s U.S. income tax return for the year in which A obtained the ruling (whether or not A is otherwise required to file a return).

This ruling is directed only to the taxpayer requesting it. Section 6110(k)(3) of the Code provides that it may not be used or cited as precedent.

In accordance with the Power of Attorney on file with this office, a copy of this letter is being sent to your authorized representative.

Sincerely,

W. Edward Williams
Senior Technical Reviewer
CC:INTL:Br1