Tag Archive for Passport

Can The IRS Take Your Passport?

Venar Ayar, Tax Lawyer

The IRS can’t seize your passport, but they can let the State Department know if you have seriously delinquent tax debt. Once this happens, the State Department can deny your passport renewal or revoke your current passport.

Before this happens, you’ll have several opportunities to resolve your tax problems and keep your right to carry a valid passport.

IRS Collections And Notices

Your tax debt can’t be certified to the State Department until it is “seriously delinquent”, which requires an outstanding balance of over $52,000. Before you reach this amount of tax debt, the IRS will likely send you several bills and notices asking you to submit payment.

You may also receive a notice informing you that the IRS is filing a tax lien in the public records or issuing a levy against your bank account, wages, or other assets. At this point, you should know the IRS means business and contact a tax attorney for assistance.

If you still don’t work out a deal with the IRS and your balance exceeds $52,000, the IRS then has the ability to certify your tax debt to the U.S. State Department.

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You May Be Denied A Passport If You Owe The IRS Money

If you owe the IRS taxes and have a substantial outstanding balance, there are several legal means the government uses to get those past due taxes paid. Continue reading to find out how this may impact you and your future travel plans.

The IRS and State Department have begun implementing a law passed back in 2015 that requires the State Department to deny passports to taxpayers who owe the IRS more than $51,000 in back taxes, penalties, and interest. Taxpayers who owe this much won’t be issued a new passport or get old passports renewed if the IRS has filed a Notice of Federal Tax Lien and the period to challenge it has expired or the IRS has issued a levy. Read More

Written by | Posted in IRS • Tax Debt

New Passport Program: Why Notice to Taxpayers Matters

Previously, I analyzed the IRS collection performance, looking at the effects of different drivers of collection such as notices, installment agreements, liens, levies, and refund offsets. Today, I’d like to pick this topic back up, but focus on a collection issue associated with new legislation. In late 2015, Congress passed the Fixing America’s Surface Transportation Act (FAST Act), which aimed to boost tax collection through two avenues: Read More

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Part 13 – Understanding “Exit Taxes”

“I relinquished U.S. citizenship many years ago. Could I still have U.S. tax citizenship?”

Attn: Former U.S. Citizens: Are you STILL or have you EVER BEEN a U.S. “Tax Citizen”?

Synopsis:

This is a long post. In fact, it is too long for the average reader. Therefore, I wish to summarize the purpose and possible (but not certain conclusion) of the post in a few simple sentences.

Here goes:

If you were born in the United States (and became a U.S. citizen at birth) who moved to Canada and naturalized as a Canadian Citizen prior to June 3, 2004:

1. Without informing the U.S. State Department or applying for a Certificate of Loss of Nationality; and Read More

Written by | Posted in Exit Tax • Expatriate • FATCA

Part 12 – Understanding “Exit Taxes”

“The two kinds of U.S. citizenship: Citizenship for “immigration and nationality” and citizenship for “taxation” – Are we taxed because we are citizens or are we citizens because we are taxed?”

The United States of America – One country two citizenships – Introducing the “Tax Citizen”.  Dual Citizenship – American style – All Americans are both “Citizens” and “Tax Citizens”. One Country – Two Citizenships.

First Citizenship – Citizenship for Nationality Purposes

Americans have always been proud of their U.S. citizenship. Most U.S. citizens regard their U.S. citizenship as the most valuable thing they have. Most Americans will fight for their citizenship. They will die for their citizenship. They Read More

Written by | Posted in Exit Tax • Expatriate • FATCA

Ahh … The Sweet Taste of Victory

Withers Wins Victory on Behalf of U.S. Clients Seeking to Renounce Citizenship

In a press release dated March 3, 2015, the Withers Law Firm announced that it was successful in persuading the U.S. Department of State (DOS) to abandon its long-standing position of treating a U.S. citizen who is attempting to renounce his citizenship as being ineligible for a visa to visit the U.S. for business or for pleasure. As a way of background information, while a Certificate of Loss of Nationality (CLN) letter is pending, a person attempting to renounce his citizenship remains a U.S. citizen and is thus ineligible for a visa to visit the U.S. either for business or for pleasure (U.S. citizens are not eligible for visas). Read More

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Renewing Your United States Passport? BEWARE!

iStock_passportXSmallState Department Turns Over Your Social Security Number & Location To The IRS

Non-compliant United States taxpayers living abroad are getting nervous. If an informant seeking a hefty IRS reward or FATCA doesn’t rat them out first, then the State Department will. This can happen when the non-compliant taxpayer renews his or her US passport.

Traditionally, the functions of the US Treasury and the Department of State were completely separate. However, we are seeing a continued erosion of this distinction as troubling economic times continue. The US passport renewal form mandates that the applicant supply his Social Security Number (SSN) if he has one. 

This is authorized by Internal Revenue Code Section 6039E, enacted in 1986. The legislative history to that section makes clear that over 25 years ago Congress was aware that US persons residing overseas were not filing US tax returns even though required to do so. Congress intended to increase tax compliance of US citizens living outside the United States through its enactment of this tax provision. The IRS has continued to drag its feet in promulgating Treasury Regulations that can offer more guidance. Recently, the IRS has renewed its interest in the topic. In January of 2012, the IRS withdrew old proposed Regulations that had been issued in 1992 and issued new ones dated January 26, 2012. We are still waiting for these Regulations to be finalized over one year later! Read More

Written by | Posted in Individual • North America