Want to say goodbye to U.S. tax obligations for good? When you decide to renounce U.S. citizenship or end long-term residency, you’re likely to face a number of complex legal and financial responsibilities. Among these is the requirement to file IRS Form 8854 for expatriation and exit tax calculations.

This form is critical for ensuring compliance with U.S. tax laws during your transition, but it’s not always straightforward. In this article, we’ll walk you through the essentials of Form 8854 and explain why it’s crucial to seek professional assistance when dealing with such a significant document.

What is Form 8854?

Form 8854, titled “Initial and Annual Expatriation Statement,” is necessary for any U.S. citizen renouncing their citizenship or U.S. resident who lives abroad (known as “expats”).

• It’s a required form for individuals who are expatriating to certify that you’ve complied with all U.S. federal tax obligations for the past 5 years.
• It helps determine whether you are subject to an expatriation tax (also known as the “exit tax”).
• After expatriation, Form 8854 generally absolves you of the need to file U.S. tax returns in the future (unless you have U.S.-sourced income or other special reporting requirements).

This form is the baseline way that the IRS gathers information on the income and assets of expats living abroad and is essential for nearly all expats hoping to avoid U.S. tax obligations.

Who Needs to File IRS Tax Form 8854?

IRS Form 8854 is specifically designed for individuals who are giving up their U.S. citizenship or long-term residency status. If you fall into either category, you are required to file this form to notify the IRS of your status change and to provide detailed information about your assets and liabilities.

The form applies to:

• U.S. citizens who are expatriating.
• Certain long-term residents (those who have held a green card for 8 of the last 15 years).

It’s important to note that failure to file this form can result in severe penalties, making it crucial to understand if and when you need to file (read more on that below).

Do I Need to File Each Year?

Although the form is titled “Initial and Annual Expatriation Statement,” for most expats, Form 8854 is only a one-time filing in the year of expatriation.

In certain rare cases, you might be required to file the form annually. This applies if you are subject to the deferred tax on specific types of property, such as deferred compensation or certain tax-deferred retirement accounts. In these cases, you may need to file Form 8854 annually to report and pay any applicable taxes on deferred amounts until those amounts are fully distributed or paid out.

Key Sections of IRS Tax Form 8854

Form 8854 is divided into several sections, each requiring specific information that reflects your financial situation at the time of expatriation:

• Personal Information: This section captures basic details such as your name, Social Security number, and the date of expatriation.
• Balance Sheet: You’ll need to provide a comprehensive list of your assets and liabilities, including cash, investments, real estate, and any other significant holdings.
• Income Statement: This section asks for detailed information about your income, both earned and passive, as well as any deductions and credits you’re claiming.
• Tax Liability: Here, you calculate your tax obligations, including any potential expatriation tax (“exit tax”).

Each section requires careful attention to detail, as even a small error can lead to major issues with the IRS.

United States Exit Tax and Covered Expatriate Status

Exit tax refers to tax levied against people renouncing their U.S. citizenship or green card/permanent residency. The tax acts, according to the IRS, as a way to make sure assets belonging to high-net-worth people are taxed prior to exiting the U.S. tax system.

A covered expatriate is anyone who is subject to potential exit taxes and reporting obligations upon expatriation.

Covered expatriates include:

• Individuals whose average annual net income tax liability exceeds $124,000 (adjusted for inflation) for the 5 tax years leading up to the date they lose U.S. citizenship
• Individuals whose net worth at the time of expatriation is $2,000,000
• Individuals who fail to certify, under penalty of perjury on IRS Form 8854, that they have complied with all U.S. tax obligations for the 5 years prior to expatriation, or who fail to provide any required evidence of such compliance to the IRS.

Catching Up on Late Tax Returns Before Expatriation

Before the IRS will release you from further tax obligations in the United States, you must be compliant with U.S. tax law. This means that all tax returns for at least the 5 years prior to expatriation should be filed and processed, with all outstanding balances paid to the IRS or in an IRS-approved payment plan.

If you need to file a missing tax return, please contact us for support. Depending on the due date, you may need legal representation to ensure the IRS processes your return correctly. Gordon Law’s experienced team of tax attorneys and accountants can help prepare your returns, set up payment plans with the IRS, and make sure you get the best tax outcomes possible.

The Importance of Accurate Reporting

When filing Form 8854, accuracy is paramount. Incorrect or incomplete information can lead to severe consequences, including hefty fines and legal repercussions. For instance, failing to report certain assets might be seen as an attempt to evade taxes, which could result in a risky tax audit (known as an “eggshell audit”) or even criminal tax charges.

Moreover, if your expatriation is deemed to have been for tax avoidance purposes, you may face additional scrutiny and penalties. Ensuring that all details are correctly reported is not just a matter of legal compliance; it’s a safeguard against future complications.

Form 8854 Penalties

For failure to file IRS Form 8854 or underreporting during expatriation, there are significant penalties, particularly for covered expatriates. Here’s an overview of the potential consequences:

1. Failure to File Form 8854:
   • If you fail to file Form 8854, there is an automatic penalty of $10,000.
   • Additionally, failure to file the form can result in being automatically treated as a covered expatriate for tax purposes. This status could subject you to the exit tax on unrealized gains, regardless of your actual income or asset thresholds.
2. Exit Tax for Covered Expatriates:
   • Covered expatriates are subject to an exit tax on the unrealized gains of their worldwide assets, as if those assets were sold on the day before expatriation. If Form 8854 is not filed or if underreporting occurs, these gains may be incorrectly calculated, resulting in additional tax liabilities.
   • Failure to properly report assets or income could lead to additional taxes owed, plus interest and penalties on any underpayments.
3. Additional Penalties for Underreporting Income:
   • Underreporting income on your tax returns could result in accuracy-related penalties, which are typically 20% of the underpayment attributable to negligence, substantial understatement, or intentional disregard of tax rules. It’s essential to calculate your tax liability correctly on Form 8854.
   • If there is fraud involved, the penalty could be 75% of the underpayment.

In short, failure to file or underreporting can lead to steep financial penalties, including significant fines and taxes on unrealized gains. To avoid penalties, contact our highly experienced international tax lawyers for help.

Common Challenges in Completing IRS Tax Form 8854

Filling out Form 8854 can be daunting, especially when dealing with complex financial situations. Common challenges include:

• Asset Valuation: Determining the fair market value of your assets at the time of expatriation can be tricky, especially for illiquid or non-traditional assets.
  • With crypto and other digital assets, it’s often difficult to calculate capital gains—but our team of experienced crypto accountants and crypto tax attorneys can help you get this right and avoid consequences from the IRS!
• Tax Liability Calculation: The expatriation tax is calculated based on the value of your assets and your overall tax situation. Miscalculations can lead to underpayment or overpayment, both of which have their own set of problems.
• Cross-Border Issues: If you have assets or income in other countries, navigating the tax implications can become even more complicated, requiring a deep understanding of both U.S. and international tax laws.

These challenges underscore the importance of getting experienced help to avoid costly mistakes.

How Our Tax Attorney Services Can Help

Given the complexities involved in filing IRS Form 8854, it’s highly advisable to seek professional assistance. Our team of experienced tax attorneys has years of knowledge in expatriation cases. We’ll help ensure that your form is completed accurately and submitted on time so you don’t face extra tax and penalties.

We’ll assist with asset valuations, tax calculations, and any other issues that might arise during the process. By working with us, you can have peace of mind knowing that your expatriation is being handled by professionals who understand the nuances of U.S. and international tax law.

Ensure a Smooth Transition with Professional Assistance

IRS Tax Form 8854 is a critical document for anyone renouncing U.S. citizenship or ending long-term residency, and it’s essential that it’s filled out correctly. The stakes are high, and the potential for errors is significant. That’s why it’s important to seek professional help to navigate this complex process.

Contact us today for a consultation, and let us help you ensure a smooth and compliant transition away from U.S. tax obligations.