PLR 200515017: Former resident rebuts tax avoidance presumption but receives no ruling on actual purpose

Plain-English summary

A former long-term U.S. resident gave up lawful permanent resident status with a net worth above the threshold discussed in IRC § 877(a)(2). At that time he was resident and fully subject to income tax in the country of his birth. The IRS found that he made a complete, good faith ruling request under Notice 98-34, so the statutory presumption that he left for tax avoidance would not apply. The IRS expressly declined to decide whether avoiding U.S. tax was actually one of his principal purposes, because the information did not clearly establish either answer. That question could still be determined later from all the facts and circumstances.

Ruling snapshot

• Question: Did the former resident's departure lack a principal purpose of avoiding U.S. tax?
• Outcome: Mixed: the presumption was rebutted, but actual purpose remained unresolved.
• Key authorities: IRC §§ 877(a)(2), 877(c)(1)(B); Notice 98-34.

Full text (IRS public release)

Internal Revenue Service
Department of the Treasury
Washington, DC 20224
Number: 200515017
Third Party Communication: None
Release Date: 4/15/2005
Date of Communication: Not Applicable
Index Number: 877.01-00
Person To Contact:
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--------------------, ID No. -------------
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Telephone Number:
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Refer Reply To:
CC:INTL:BR1
PLR-168481-03
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Date:
December 20, 2004

Legend

A = ----------------------------
Date B = --------------------------
Date C = --------------------------
Date D = --------------------------
Date E = ----------------------
Country F = ----------------------
Year G = -------

Dear -----------------

This is in response to a letter from A’s authorized representative dated B, as supplemented by a letter dated C, requesting a ruling under section 877(c) of the Internal Revenue Code of 1986 ("Code") that A’s loss of long-term resident status 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.

A, a long-term resident of the United States within the meaning of section 877(e), relinquished his U.S. lawful permanent resident status ("expatriated") on Date D. A has been a citizen of Country F during his entire life by reason of his birth on Date E in Country F. A became a permanent resident of the United States and obtained his green card in Year G. On the date of A’s expatriation, his net worth exceeded the threshold required under section 877(a)(2).

PLR-168481-03
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 taxed under section 877(b) and 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 exceeds certain thresholds. See sections 877(a)(2), 2107(a)(2)(A), and 2501(a)(3)(B).

Under Notice 98-34, 1998-2 C.B. 29, modifying Notice 97-19, 1997-1 C.B. 394, a former U.S. citizen or former long-term resident whose net worth or average tax liability exceeds the applicable threshold will not be presumed to have a principal purpose of tax avoidance if that former citizen or 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. A is eligible to request a ruling pursuant to Notice 98-34 because on the date of expatriation, A was a resident and fully liable to income tax in Country F, the country where A was born.

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 submitted all the information required by Notice 98-34, including any additional information requested by the Service after review of the submission.

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. Therefore, A will not be presumed under section 877(a)(2) to have as one of his principal purposes for expatriating the avoidance of U.S. taxes.

However, because the information submitted does not clearly establish either 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), and 2501(a)(3)(A) based on all the facts and circumstances. See section 877(c)(1).

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3

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 loss of permanent resident status or for taxable periods after his loss of permanent resident status 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.

In accordance with the power of attorney on file with this office, a copy of this letter is being sent to A’s representative.

Sincerely,

M. Grace Fleeman
Senior Counsel
Office of Associate Chief Counsel
(International)