That section of law provides for the loss of nationality by voluntarily and with the intention of relinquishing nationality:. A person wishing to renounce his or her U. Renunciations abroad that do not meet the conditions described above have no legal effect. Because of the provisions of Section a 5 , U. In fact, U. Questions concerning renunciation of U. A person seeking to renounce U. In the case of Colon v. Department of State , 2 F. Persons intending to renounce U.
They may also have difficulty traveling as they may not be entitled to a passport from any country. Statelessness can present severe hardships: the ability to own or rent property, work, marry, receive medical or other benefits, and attend school can be affected.
Former U. If unable to qualify for a visa, the person could be permanently barred from entering the United States. If the Department of Homeland Security determines that the renunciation is motivated by tax avoidance purposes, the individual will be found inadmissible to the United States under Section a 10 E of the Immigration and Nationality Act 8 U.
Persons who wish to renounce U. Selective Service for more information. In addition, the act of renouncing U. Citizenship is a status that is personal to the U. Therefore parents may not renounce the citizenship of their minor children. Minors seeking to renounce their U. Children under 16 are presumed not to have the requisite maturity and knowing intent to relinquish citizenship; children under 18 are provided additional safeguards during the renunciation process, and their cases are afforded very careful consideration by post and the Department to assess their voluntariness and informed intent.
Unless there are emergent circumstances, minors may wish to wait until age 18 to renounce citizenship. Finally, those contemplating a renunciation of U.
Section b of the INA provides that an applicant who renounced his or her U. See also Title 22, Code of Federal Regulations, section See also Section Renunciation is the most unequivocal way by which a person can manifest an intention to relinquish U. Please consider the effects of renouncing U. If you are outside the United States and have any further questions regarding renunciation, please contact the U. Embassy or Consulate nearest to you for more information.
If you are inside the United states and have further questions about renunciation, please contact the Department of Homeland Security. Subscribe to get up-to-date safety and security information and help us reach you in an emergency abroad. The regulations put in place under FACTA have made it so that Americans not only need to report, pay, and file all their taxes, but they must also do the same for foreign bank accounts , foreign brokerage accounts, and many other types of accounts.
FACTA not only created more complicated paperwork for Americans, it also created complications for the people and organizations who work with those Americans.
The burden of compliance has pushed many people, businesses, and banks to stop working with US citizens all together. The new rules under the America First Tax Reform that dictate that those living overseas can no longer retain their earnings and must pay a certain amount of tax, means that anyone involved with US citizens — especially in terms of banking or business — will be dragged into the bureaucratic vortex of filing reports and other paperwork and using complicated formulas to calculate dividends and taxes owed.
Being a US expat is very complicated and no one wants to voluntarily take on that level of complication. The tax and compliance infrastructure that the US has put in place is also incredibly burdensome for every citizen, green card holder, or anyone with ties to the US, whether resident or not. The new complications of an already burdensome tax system were enough to push many expats to seek other options.
While renouncing may not be the best option for every situation, there are many people who are starting the process as a way to increase their opportunities around the world and reduce the restrictions and red tape they have to go through. A few years ago, we looked at several case studies of individuals and their reasons to renounce US citizenship and calculated the ROI on their decision to get a second passport and renounce. As with the individual cases we analyzed, you may discover that renunciation is well worth the effort.
Some choose to renounce for reasons of cultural identity. One of my clients, for example, simply did not identify with his British heritage and chose to use his US passport instead. For some, renunciation is purely motivated by cultural identity. I never really felt American. Instead, I was fascinated with learning about and experiencing other countries. I remember going to different countries using my US passport and getting the stink eye from people around me. It was embarrassing. And this is not something that solely affects US citizens.
Another guy I talked to was British by birth but had become American. He never actually liked his British heritage. That was too embarrassing for him to consider. When they do, they often find places where they feel comfortable.
Places where people share their values. I know where in the world I feel comfortable. There is much to consider when determining your reasons to renounce US citizenship. The bottom line is that, for many expat entrepreneurs, renouncing their US citizenship will come with benefits that may be worth pursuing. Privacy and terms. Online tracking choices.
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