Get IRS 8854 - Instructions 2022-2024

Do I still need to file a U.S. tax return? Yes, if you are a U.S. citizen or a resident alien living outside the United States, your worldwide income is subject to U.S. income tax, regardless of where you live. However, you may qualify for certain foreign earned income exclusions and/or foreign income tax credits.

The US Exit Tax, or Expatriation Tax, is levied on individuals renouncing their US citizenship or green card. Governed by IRC Section 877A, this tax is specifically designed for high-net-worth individuals. It ensures that their worldwide income and assets are taxed prior to exiting the US tax system.

How is the exit tax calculated? The American exit tax is calculated by applying a special tax rate to your unrealized capital gains. The tax rate is currently 23.8%.

When considering expatriation, the first line of defense against the exit tax is to avoid becoming an expatriate. This is impossible for citizens, but for green card holders, the strategy is to avoid becoming a long-term resident.

Calculating the Exit Tax and the $767,000 Exemption As of 2023, the first $767,000 of gains (adjusted for inflation) is exempt from the exit tax, per IRC Section 877A(a)(3)(A). This means that only gains exceeding the $767,000 threshold are subject to the exit tax.

A $10,000 penalty may be imposed for failure to file Form 8854 when required. IRS is sending notices to expatriates who have not complied with the Form 8854 requirements, including the imposition of the $10,000 penalty where appropriate.

Under Internal Revenue Code (IRC) sections 877 and 877A, the US exit tax applies to US citizens or green card holders who are deemed covered expatriates (see below) when they renounce their citizenship or permanently leave the US for federal tax purposes.

The exit tax is calculated based on the “deemed sale” of an individual's worldwide assets on the day before their expatriation. This means that the expatriate is assumed to have sold all their assets at their fair market value and would be subject to tax on any gains.