PLR 200451018: Former permanent resident's departure lacked tax avoidance purpose

Plain-English summary

A person born abroad became a U.S. permanent resident for work, then retired and moved back to his home country, where he was taxed on worldwide income. He later surrendered his green card. His net worth exceeded the threshold that could trigger a presumption of tax avoidance under the rules discussed in the letter. After reviewing his submission, the IRS ruled that he was not presumed to have left for a principal tax avoidance purpose and that the information established he did not have such a purpose. The letter leaves other tax liabilities unresolved.

Ruling snapshot

• Question: Did the former long term resident give up his status for a principal purpose of avoiding U.S. tax?
• Outcome: Approved; the IRS found no principal tax avoidance purpose on the submitted facts.
• Key authorities: IRC §§ 877, 2107, 2501(a)(3); Notice 98-34.

Full text (IRS public release)

Internal Revenue Service
Department of the Treasury
Washington, DC 20224
Number: 200451018
Third Party Communication: None
Release Date: 12/17/04
Date of Communication: Not Applicable
Index Number: 877.00-00
Person To Contact:
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Telephone Number:
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Refer Reply To:
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CC:INTL:B01
PLR-127870-04
Date:
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September 8, 2004

TY: -------------------

Legend

A = ----------------------
TIN: ------------------
Country B = ----------------------
Year 1 = -------
Year 2 = -------
Date C = --------------------------

Dear ---------------:

This is in response to letters dated May 14, 2004 and August 19, 2004, requesting a ruling that A’s loss of lawful permanent resident status (expatriation) 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 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. The information submitted for consideration is substantially as set forth below.

A was born in, and is a citizen of, Country B. A became a permanent resident of the United States in Year 1 for employment reasons. In Year 2, A retired and moved from the United States back to Country B, where he is subject to tax on his worldwide income. On Date C, A relinquished his green card. On the date of A's expatriation, his net worth exceeded the applicable amount set forth in section 877(a)(2).

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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 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, 1998-2 C.B. 29, 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 he is a resident who is fully liable to income tax in Country B, the country in which he was born.

A submitted all of the information required 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) as having had as one of his principal purposes for expatriating the avoidance

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of U.S. taxes. We further conclude that A will not be treated under section 877(a)(2) as having had as one of his 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 taxable periods prior to his expatriation or for taxable periods after his 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,

Elizabeth U. Karzon
Chief, Branch 1
Office of Associate Chief Counsel
(International)

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