| | 
  
    | Instructions for Form 8854 | 2006 Tax Year |  
                  
                  
This is archived information that pertains only to the 2006 Tax Year. If youare looking for information for the current tax year, go to the Tax Prep Help Area.
 
                     
                        
                           
                              Initial or Annual Information Statement
                               Check the Initial Information Statement box if you are filing this form as your initial expatriation information statement to establish
                        that you have expatriated or terminated your LTR status for tax purposes. Check the Annual Information Statement box if you have already
                        expatriated or terminated your LTR status, are subject to the tax rules of section 877(b), and are filing this form as your
                        annual expatriation
                        information statement.
                        
                      
                     
                        
                           
                              Part I-General Information
                               This section is to be completed by all filers.
                        
                      
                        
                        Generally, this number is your U.S. social security number. An incorrect or missing identifying number may result in failure
                           to expatriate or
                           terminate residency and/or a penalty of $10,000. If you were never issued a social security number, please attach a statement
                           explaining the reason.
                           
                         
                        
                        If you have a P.O. box, enter your box number instead of your street address only if your post office does not deliver mail
                           to the street address.
                           
                         
                        
                        Enter the information in the following order: street address, city, province or state, and country. Follow the country's practice
                           for entering the
                           postal code. Do not abbreviate the country name.
                           
                         
                        
                        Enter the country of which you are considered a resident for tax purposes if different from the country in which your principal
                           foreign residence
                           is located.
                           
                         
                        
                        Date of notification, termination, or claim.
                                   In order to expatriate for tax purposes (to no longer be subject to U.S. tax as a U.S. citizen or LTR), you must (a)
                           give notice of an expatriating
                           act or termination of residency (with the requisite intent to relinquish citizenship or terminate residency) to the Secretary
                           of State or the
                           Secretary of Homeland Security, and (b) provide a statement in accordance with the information reporting requirements of section
                           6039G. The date of
                           your expatriation is the date on which the latter of these two events occurs.
                           
                            
                                   You will be considered to have given notice of an expatriating act (with the requisite intent to relinquish citizenship)
                           to the Secretary of State
                           as of the date that you either:
                           
                            
                              
                                 
                                    Renounced your U.S. citizenship outside the United States before a diplomatic or consular officer of the United States pursuant
                                       to paragraph
                                       (5) of section 349(a) of the Immigration and Nationality Act, or 
                                    
                                    Submitted to a U.S. Embassy or consulate a signed statement affirming your voluntary and intentional relinquishment of U.S.
                                       citizenship
                                       accompanied by documentation confirming the performance of an act defined as potentially expatriating by paragraph (1), (2),
                                       (3), or (4) of section
                                       349(a) of the Immigration and Nationality Act provided that such notification is ultimately confirmed by the issuance of a
                                       Certificate of Loss of
                                       Nationality from the Department of State.
                                     
                                   You will be considered to have given notice of a termination of residency (with the requisite intent to terminate
                           residency) to the Secretary of
                           Homeland Security as of the date that you complete Form I-407, Abandonment of Lawful Permanent Resident Status, before a diplomatic
                           or consular
                           officer of the United States or at a Port of Entry of the United States before a U.S. immigration official.
                           
                            
                                   You should retain written evidence of your notification.
                           
                            Box a.
                                   Check this box if you are a former U.S. citizen, and enter the date on which you gave notice of your expatriation
                           to the Department of State.
                           
                            Box b.
                                   Check this box if you are a former LTR, and enter the date on which you gave notice of termination of your LPR status
                           to the Department of Homeland
                           Security.
                           
                            Box c.
                                   Check this box if you are an LTR with dual residency in a treaty country, and enter the date you commenced to be treated
                           for tax purposes as a
                           resident of the treaty country (seeFormer U.S. Long-Term Residents (LTRs)  on page 1).
                           
                             If you have not yet notified the Secretary of State or Secretary of Homeland Security in connection with your expatriating
                           act or termination of
                           residency, you must file an amended Form 8854 stating the date on which such notification occurs.
                           
                         
                     
                        
                           
                              Part II-Initial Expatriation or Termination Information Statement
                               This section and Schedules A (Balance Sheet) and B (Income Statement) must be completed by all individuals who expatriate
                        or terminate residency
                        during the tax year.
                        
                      
                        
                        Use the balance sheet in Schedule A to arrive at your net worth.
                           
                         
                        
                        You have no substantial contacts with the United States if you (a) were never a resident of the United States (as defined
                           in section 7701(b)), (b)
                           never held a U.S. passport, and (c) were not present in the United States for more than 30 days during any of the 10 calendar
                           years preceding your
                           loss of U.S. citizenship.
                           
                         
                        
                        Check the “Yes” box if:
                           
                         
                           
                              
                                 You are a minor who became a U.S. citizen at birth,
                                 Neither of your parents was a U.S. citizen at the time of your birth,
                                 Your loss of citizenship occurred before you attained age 18½, and
                                 You were not present in the United States for more than 30 days in any of the 10 calendar years preceding your loss of U.S.
                                    citizenship.
                                   			
                           
                         
                        
                        Check the “Yes” box if you have complied with your tax obligations for the 5 tax years ending before the date on which you expatriated or
                           terminated your residency, including but not limited to, your obligations to file income tax, employment tax, gift tax, and
                           information returns, if
                           applicable, and your obligation to pay all relevant tax liabilities, interest, and penalties. You will be subject to tax under
                           section 877 if you have
                           not complied with these obligations, regardless of whether your average annual income tax liability or net worth exceeds the
                           applicable threshold
                           amounts.
                           
                         
                     
                        
                           
                              Part III-Annual Information Reporting Under Section 6039G
                               If section 877 applies to you, you must complete Part III and Schedules A (Balance Sheet) and B (Income Statement) for the
                        10 tax years beginning
                        with the year that includes the date of your expatriation or termination of residency, whether or not you owe tax under section
                        877 for the tax year.
                        This means that if you perform an expatriating act or terminate residency, you must complete both Parts II and III of this
                        form for the year in which
                        that event occurs.
                        
                       If you are subject to tax under section 877, you are no longer taxed as a citizen or resident on your worldwide income. However,
                        you must compute
                        your tax as a nonresident in accordance with the special rules of section 877. These rules expand the categories of income
                        and gain on which you owe
                        tax. You are also subject to special rules for gift and estate tax purposes that differ from those applicable to other nonresident
                        aliens.
                        
                      
                        
                           
                              
                                 Exceptions to Filing Part III Section 877 does not apply to you if your net worth is less than $2 million as of the date of your tax expatriation, your
                           average annual net income
                           tax liability for the 5 tax years prior to the date of your tax expatriation was not more than the amount listed under Taxation under section
                                 877 on page 2, and you certify that you have met your tax obligations for the 5 years prior to expatriation.
                           
                          If you exceed these dollar thresholds and you certify that you have met your tax obligations, section 877 may still not apply
                           to you if you meet
                           one of the exceptions for dual citizens at birth with no substantial presence or for certain minors. See Exceptions to Section 877 on page
                           2.
                           
                          You do not need to complete Part III of this form if:
                           
                         
                           
                              
                                 Your average annual net income tax liability for the 5 tax years ending before the date of expatriation (see line 6 on the
                                    form) was not
                                    more than the amount listed under Taxation under section 877 on page 2, your net worth on line 7 was less than $2 million, and you checked
                                    the “Yes” box on line 11. 
                                 
                                 You checked the “Yes” box on line 8, and the “No” box on line 9, and you checked the “Yes” box on line 11, or
                                 
                                 You checked the “Yes” box on lines 10 and 11.
                                  
                           
                         
                        
                        List all foreign countries of which you are a citizen.
                           
                         
                        
                        Indicate how you became a U.S. citizen. For example, if you acquired citizenship at birth, write “At Birth.” If you acquired citizenship
                           through naturalization, write “Naturalized Citizen.”
                           
                         
                        
                        Provide the date on which you became a citizen of each country listed on line 12a.
                           
                         
                        
                        If you were physically present in the United States for more than 60 days during the tax year, you will be taxed as a U.S.
                           citizen or resident and
                           must file Form 1040 for the current tax year. If in a subsequent year within the 10-year period you are not physically present
                           more than 30 days
                           during the year, you will again be subject to section 877 and file Form 1040NR. If you were present more than 60 days during
                           the year, skip line 14.
                           
                         
                        
                        If you were physically present in the United States more than 30 days but not more than 60 days during the tax year, complete
                           lines 14a and b. If
                           you answer “No” to either question, you will be taxed as a U.S. citizen or resident and must file Form 1040 for the current tax year. If
                           you
                           answer “Yes” to both questions, you remain subject to section 877 for the tax year.
                           
                         
                        
                        Form 8854 is not considered valid unless you sign it. If you have someone else prepare Form 8854, you are still responsible
                           for its correctness.
                           
                         Paid preparers.
                                   Generally, anyone you pay to prepare Form 8854 must sign it in the space provided. The preparer must give you a copy
                           for your records. Someone who
                           prepares Form 8854 but does not charge you a fee should not sign it.
                           
                            
                     
                     
                        
                      
                        Note.If there have been significant changes in your assets and liabilities for the period that began 5 years prior to your expatriation
                           and ended on the
                           date that you file Form 8854, you must attach a statement explaining the changes. Also, attach a similar statement if you
                           expect significant changes
                           in the 10-year period after expatriation or termination of residency.
                           
                         
                        
                      
                        
                        List the fair market value (in U.S. dollars) of each class of assets and your U.S. adjusted basis (in U.S. dollars) in the
                           class of assets. You can
                           use good faith estimates of fair market value and basis. Formal appraisals are not required.
                           
                         
                        
                        Subtract the amounts in column (b) from the amounts in column (a) and show the gain or (loss) in column (c). Enter negative
                           amounts in parentheses.
                           
                         
                        
                        If you are a former U.S. LTR, it may benefit you to complete column (d). For more details, see section 877(e)(3)(B). Only
                            former U.S.
                           LTRs should complete column (d).
                           
                         Enter in column (d) the fair market value of each asset on the date you first became a U.S. resident for tax purposes.
                           
                         
                           Note.The date you first became a U.S. resident for tax purposes is not always the same as the date you first became a U.S. LPR.
                              For details on U.S.
                              residency (including the substantial presence test), see Pub. 519.
                              
                            
                        
                        List the appropriate amount in each column for all nonmarketable stock and securities issued by foreign corporations that
                           would be controlled
                           foreign corporations if you were still a U.S. citizen or resident. Note that these amounts are already included on line 5.
                           Do not include amounts on
                           this line in the total on line 20.
                           
                         
                        
                        List the total value of all your partnership interests. If you hold an interest in one or more partnerships, you must attach
                           a statement to Form
                           8854 that lists each partnership separately. Include the employer identification number (EIN), if any, for each partnership.
                           Describe the assets and
                           liabilities of each partnership (using the categories on the balance sheet on page 3 of Form 8854) attributable to your interest
                           in the partnership.
                           
                         
                        
                        List the total value of all assets held by trusts that you are considered to own for tax purposes. You must attach a statement
                           to Form 8854 that
                           lists each trust separately. Include the EIN (if any) for each trust. Describe the assets and liabilities of each trust (using
                           the categories on the
                           balance sheet on page 3 of Form 8854) attributable to your interest in the trust.
                           
                         
                           Note.To determine if you are an owner of a trust, see sections 671 through 679.
                              
                            
                           
                         
                        
                        List the total value of all assets held by nongrantor trusts in which you are considered to have a beneficial interest. You
                           must attach a statement
                           to Form 8854 that lists each trust separately. Include the EIN (if any) for each trust. Describe the assets and liabilities
                           of each trust (using the
                           categories on the balance sheet on page 3 of Form 8854) attributable to your interest in the trust.
                           
                         
                           Note.To determine if you are a beneficiary of a nongrantor trust, you must allocate the property interests of the trust based on
                              all relevant facts and
                              circumstances. To determine the value of your beneficial interest, use the valuation principles under section 2512. See Section
                              III of Notice 97-19
                              for examples of how the property interests of a nongrantor trust should be allocated to the beneficiaries of the trust. You
                              can find Notice 97-19 on
                              page 40 of Internal Revenue Bulletin 1997-10 at
                              www.irs.gov/pub/irs-irbs/irb97-10.pdf.
                              
                            
                           
                         
                        
                        Intangible property includes any of the following items that have substantial value independent of the services of any individual.
                           
                         
                           
                              
                                 Patent, invention, formula, process, design, pattern, or know-how.
                                 Copyright, literary, musical, or artistic composition.
                                 Trademark, trade name, or brand name.
                                 Franchise, license, or contract.
                                 Method, program, system, procedure, campaign, survey, study, forecast, estimate, customer list, or technical data.
                                 Any similar item. 
                           
                         
                        
                        Attach a statement describing and listing the total value of any other assets you have that are not included on lines 1 through
                           18.
                           
                         
                        
                        Add lines 1 through 5 and 6 through 19, not including any amounts on line 5a. The amounts on line 5a are included in determining
                           the amounts on
                           line 5.
                           
                         
                        
                        Attach a statement describing and listing the total value of any other liabilities you have that are not included on lines
                           21 and 22.
                           
                         
                     
                        
                           
                              Schedule B-Income Statement
                               Schedule B is required to satisfy the requirements of section 6039G(b)(5), and must be completed without regard to whether
                        you have income subject
                        to tax under section 877 for the tax year.
                        
                      
                        Note.If you are subject to section 877 for all or a portion of the tax year, and you derive income subject to tax under section
                           877 for the taxable
                           year, you are liable for tax on that income as provided in section 1 or section 55, if the tax computed under such sections
                           exceeds the tax that would
                           be imposed on you under section 871. This generally means that you must report all income subject to tax under section 877
                           on Form 1040NR, whether or
                           not it is effectively connected with the conduct of a trade or business in the United States, and you are not permitted to
                           exclude certain types of
                           income, such as portfolio interest or capital gains, which normally would be exempt from tax in the hands of a nonresident
                           alien.
                           
                         
                        
                        Most U.S. tax treaties do not prevent the United States from continuing to tax former citizens and former LTRs under domestic
                           law. Unless the
                           treaty prevents it, you will be subject to the rules of section 877.
                           
                         
                        
                           
                              
                                 Specific Line Instructions Lines 3 through 6 require reporting of income which, but for the application of section 877(d), would be income from sources
                           outside the United
                           States. If you report income on these lines, you must also report this income as taxable income on Form 1040NR.
                           
                         
                        
                        If you owned (within the meaning of section 958(a) or (b)) at any time during the 2-year period ending on the date of your
                           expatriation or
                           termination of residency, more than 50% of the vote or value of a foreign corporation, income or gain you receive from the
                           foreign corporation during
                           the tax year will be treated as from sources within the United States, to the extent such income or gain is not more than
                           the earnings and profits
                           from such stock which were earned or accumulated before the date of your expatriation or termination of residency while such
                           ownership requirements
                           were met.
                           
                         
                        
                        If, during the current tax year, you exchanged any property, and (a) the gain would not (but for this paragraph) be recognized
                           on such exchange in
                           whole or in part, (b) income derived from such property was from sources within the United States (or, if no income was so
                           derived, would have been
                           from such sources), and (c) income derived from the property acquired in the exchange would be from sources outside the United
                           States, then the
                           property will be treated as sold for its fair market value on the date of the exchange, in accordance with Section V of Notice
                           97-19, 1997-1 C.B. 394.
                           The removal of appreciated property with an aggregate fair market value in excess of $250,000, from the United States is an
                           exchange of property
                           covered by this provision.
                           
                         Enter on line 5 the total amount of gain resulting from any such exchanges during the tax year, and if you have elected to
                           enter into a gain
                           recognition agreement with the IRS deferring the gain, attach a copy of the agreement to your Form 1040NR. If you dispose
                           of any property covered by a
                           gain recognition agreement during the tax year, also list the gain realized on this line. See Section V of Notice 97-19, for
                           additional information on
                           exchanges and gain recognition agreements.
                           
                         
                        
                        If, during the 10-year period beginning on the date of your expatriation or termination of residency, or during the 5-year
                           period prior to your
                           expatriation or termination of residency, you contributed U.S. source property to a foreign corporation that would be a controlled
                           foreign corporation
                           had you remained a U.S. citizen or LTR, any income or gain on that property received or accrued by the foreign corporation
                           during the tax year is
                           treated as received or accrued by you. See Section VI of Notice 97-19 for additional information.
                           
                         
                        
                        Add lines 1f through 7 to report your total income from U.S. sources.
                           
                         
                        
                        List the total amount of all other income or gain for the tax year.
                           
                         
                        
                        If you are subject to section 877 and required to file Form 8854 for any tax year, and you fail to file or do not include
                           all the information
                           required by the form or the form includes incorrect information, you will owe a penalty of $10,000 for that year, unless it
                           is shown that such failure
                           is due to reasonable cause and not willful neglect.
                           
                         Previous | Index | Next 2006 Instructions Main | 2006 Tax Help Archives | Tax Help Archives Main | Home | 
 |  |