If u want 2 renounce ur US citizenship DO NOT believe those who say u can be refused entry ever again-IT IS NOT TRUE https://t.co/I7K58J2jzd
— Patricia Moon (@nobledreamer16) June 2, 2016
I have become very tired and once again, extremely irritated at claims “if you renounce for tax reasons, you can be refused entry into the United States-ever again.” This is simply not true. It is late and am finally sleepy so am just going to copy/paste from set of tweets created after seeing a volley of tweets between Keith and 2 other individuals. I hope it makes sense. Please, please, please, make sure you become familiar with this information in an accurate way and pass it on every time the issue comes up.This is the only way to offset the way this information is aggressively used to frighten people. There is no excuse for it. I hope someday, someone who fell for it realizes the deceit and sues the damned compliance person who is responsible for it
MYTHS ABOUT THE REED AMENDMENT & THE ExPATRIOT ACT
No would-be US renunciant/relinquisher should ever believe an advisor 2 making claims about Reed Amendment preventing ability to enter the U.S.1/11
Willard Yates on why the Reed Amendment is unworkable. “There was a little problem from the outset. It’s called section 6103 of the IRC.” http://bit.ly/1ud93xP 2/11
S 6103 prohibits disclosure of “return information,” by the IRS, subject to criminal prosecution under Title 18 of the U.S. Code” http://bit.ly/1ud93xP 3/11
How was the IRS going to tell INS that a taxpayer’s expatriation was tax motivated? Ruling procedure eliminated in 2004. http://bit.ly/1ud93xP 4/11
Whole idea of the mark-to-market tax section 877A was 2 eliminate “motive” element of prior version of S 877 http://bit.ly/1ud93xP 5/11
IRS does not make rulings on whether or not expatriation was tax motivated. In 2002, authority switched to DHS. http://bit.ly/1ud93xP\ 6/11
DHS has never issued regs bc unless former citizen admits given up due to tax, no way to enforce. From 2002-2015 -only 2 refused entry. http://bit.ly/2850Le8 7/11
Implementation of section 212(a)(10)(E) of the Act has been hindered by numerous policy, operational, and legal complexities and challenges. http://bit.ly/2850Le8 8/11
Confidentiality laws prevent disclosure of tax information to DHS or DOS absent a voluntarily signed disclosure from the renunciant. http://bit.ly/2850Le8 9/11
Congress since amended the tax code to eliminate a direct connection between expatriate tax liability and a renunciant’s intent. http://bit.ly/2850Le8 10/11
There is no law called the ExPatriot Act. Claims in 2015 that it would pass since attached to immigration bill incorrect. Has failed twice to be passed into law. 11/11
To recap, the Reed Amendment, passed in 1996 has to date, twenty years later, resulted in only two people being refused entry into the United States. And only because they chose to explain that they renounced for tax purposes. NO ONE has been stopped at the border and refused entry because a CBP agent suspected they renounced “for tax purposes.” There is NO CONNECTION between an expatriate’s tax liability and a renunciant’s intent. NONE!
Yet another immigration lawyer carelessly throwing out the “If you renounce your citizenship for tax reasons you will be inadmissible to the US for life” line
https://www.quora.com/What-are-the-pros-and-cons-of-denouncing-my-US-citizenship
@Eric
They lost me at “denounce”
@Eric,
Thanks for that. I looked at at, was going to respond. But entering Quora always entails so much extra, I let it go.
What a horrible response. Too bad we cannot get them all. Visas? Of course for some countries but for goodness’ sake, yet another layer of untruth for so many. No CDN needs a visa to enter the U.S.
“No CDN needs a visa to enter the U.S.”
Are you sure? If a Canadian has been deported or denied entry, they have to apply for a waiver of ineligibility. I haven’t seen if the person has to get a visa along with the waiver of ineligibility, but have you checked?
A British journalist who had previously visited the US to do journalism was suddenly denied ESTA because she held two citizenships, British and a Middle Eastern country, while residing and working in Britain. She had to get a visa. I haven’t seen if a dual Canadian and Iranian person also has to get a US visa now, but have you checked?
One time going through pre-clearance in a Canadian airport, when the purpose of my trip was a job interview at a US employer, a US immigration inspector sent me to secondary inspection. The secondary inspector asked for my passport, so I presented my then-valid US passport. The secondary inspector said they never send US citizens to that room, so he took me back to the pre-clearance area, I pointed to the primary inspector who sent me, and the secondary inspector observed that the primary inspector was new to the job. Today my only passport is Canadian, so if[*] I had a job interview in the US I’d expect to have secondary inspection and might need a visa after that. Of course actually working would require a visa, but a job interview doesn’t unless an inspector is suspicious.
[* This “if” is hypothetical.]
@ND
I recall Canadians have an exemption from this requirement, but can’t find any info on that right now though.
Another advert posing as US tax advice in the media, another instance of the Reed Amendment being raised as a spectre to scare expats;
” …….She also needs to avoid being affected by the Reed Amendment, which bars former US citizens who renounced for tax purposes from reentering the United States,”
https://www.thelocal.ch/20180515/meghan-markle-and-the-long-reach-of-the-irs-what-us-citizens-living-abroad-need-to-know-moodysgartner-tlccu