PLR 200307003: Complete expatriation submission removes tax avoidance presumption

Plain-English summary

A person who held U.S. citizenship and citizenship in the country where he had lived since birth asked about the tax consequences of renouncing his U.S. citizenship. He submitted information under § 877(c) and Notice 98-34 about whether the renunciation had a principal purpose of avoiding U.S. tax. The IRS found his submission complete and made in good faith, so the statutory presumption of a tax avoidance purpose would not apply. The IRS did not decide whether avoiding tax was actually one of his principal purposes. The ruling therefore removes a presumption but does not settle his ultimate tax status under the expatriation rules.

Ruling snapshot

• Question: Does the taxpayer's submission remove the presumption that his expatriation had a tax avoidance purpose?
• Outcome: Approved as to removal of the presumption; underlying purpose undecided.
• Key authorities: IRC §§ 877(c), 2107, and 2501(a)(3); Notice 98-34.

Full text (IRS public release)

Internal Revenue Service
Department of the Treasury

Number: 200307003
Washington, DC 20224
Release Date: 2/14/2003
Index Number: 877.00-00
Person to Contact:

Telephone Number:

Refer Reply To:
CC:INTL:Br.1-PLR-163637-01
Date:
September 11, 2002
Legend

A
=

Country B
=

Date C
=

Country D
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Date E
=

TY:

Dear
:

This is in response to your letter of November 14, 2001, and subsequent submission dated April 22, 2002, concerning a request for a ruling under section 877(c) of the Internal Revenue Code of 1986 ("Code") that A's loss of U.S. citizenship did not have for one of its principal purposes the avoidance of U.S. taxes under subtitle A or subtitle B of the Code. The information submitted for consideration is substantially as set forth below.

The rulings contained in this letter are 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.

Both of A’s parents are United States citizens. A was born in Country B on Date C and has resided there with his mother and brother since birth. A is therefore both a citizen of Country C and the United States. A’s parents are divorced and his father lives in Country D. A is a full time college student in Country B and all of A’s school and social activities are located in Country B. The majority of A’s friends are there. A 2 PLR-163637-01

holds a Country B drivers license and does not hold a United States drivers license. All of A’s personal banking accounts are in Country B except for certain trust accounts established and funded in the United States by his paternal grandparents (now deceased) who were United States citizens and residents. A is subject to tax on his worldwide income in Country B and intends for Country B to serve as his primary residence. A renounced his U.S. citizenship on Date E.

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 taxed under section 877(b) and 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 citizen or former 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 or former long term-resident 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), 2107(a)(2)(B) and 2501(a)(3)(C).

Under Notice 98-34, 1998-2 C.B. 29, modifying Notice 97-19, 1997-1 C.B. 394, an eligible former citizen will not be presumed to have a principal purpose of tax avoidance if that former citizen 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 97-19 because A became a citizen at birth of the United States and a citizen of Country B and continues to be a citizen of Country B. See section 877(c)(2)(A)(i).

A submitted all the information required by Notice 98-34, including any additional 3
PLR-163637-01

information requested by the Service after review of the submission. Accordingly, based solely on the information 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, and therefore, A will not be presumed to have expatriated with a principal purpose of tax avoidance.

However, because the information submitted does not clearly establish the existence or lack of a principal purpose to avoid taxes under subtitle A or B of the Code, no opinion is expressed as to whether A’s expatriation had for one of its principal purposes the avoidance of such taxes. While this ruling rebuts the presumption of tax avoidance under section 877(a)(2), it is not conclusive as to whether A subsequently may be found to have a principal purpose of tax avoidance under sections 877(a)(1), 2107(a)(1), or 2501(a)(3)(A) based on all the facts and circumstances. See section 877(c)(1).

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 taxable periods prior to A’s loss of U.S. citizenship or for taxable periods after A’s loss of U.S. citizenship under sections of the Code other than sections 877, 2107, and 2501(a)(3).

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.

A copy of this letter must be attached to any income tax return to which it is relevant.

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

Sincerely,
W. Edward Williams
Senior Technical Reviewer, Branch 1
Office of the Associate Chief Counsel
(International)