Laws: Cases and Codes : U.S. Code : Title 26 : Section 6039G


   
U.S. Code as of: 01/19/04
Section 6039G. Information on individuals losing United States citizenship

    (a) In general
      Notwithstanding any other provision of law, any individual who
    loses United States citizenship (within the meaning of section
    877(a)) shall provide a statement which includes the information
    described in subsection (b). Such statement shall be - 
        (1) provided not later than the earliest date of any act
      referred to in subsection (c), and
        (2) provided to the person or court referred to in subsection
      (c) with respect to such act.
    (b) Information to be provided
      Information required under subsection (a) shall include - 
        (1) the taxpayer's TIN,
        (2) the mailing address of such individual's principal foreign
      residence,
        (3) the foreign country in which such individual is residing,
        (4) the foreign country of which such individual is a citizen,
        (5) in the case of an individual having a net worth of at least
      the dollar amount applicable under section 877(a)(2)(B),
      information detailing the assets and liabilities of such
      individual, and
        (6) such other information as the Secretary may prescribe.
    (c) Acts described
      For purposes of this section, the acts referred to in this
    subsection are - 
        (1) the individual's renunciation of his United States
      nationality before a diplomatic or consular officer of the United
      States pursuant to paragraph (5) of section 349(a) of the
      Immigration and Nationality Act (8 U.S.C. 1481(a)(5)),
        (2) the individual's furnishing to the United States Department
      of State a signed statement of voluntary relinquishment of United
      States nationality confirming the performance of an act of
      expatriation specified in paragraph (1), (2), (3), or (4) of
      section 349(a) of the Immigration and Nationality Act (8 U.S.C.
      1481(a)(1)-(4)),
        (3) the issuance by the United States Department of State of a
      certificate of loss of nationality to the individual, or
        (4) the cancellation by a court of the United States of a
      naturalized citizen's certificate of naturalization.
    (d) Penalty
      Any individual failing to provide a statement required under
    subsection (a) shall be subject to a penalty for each year (of the
    10-year period beginning on the date of loss of United States
    citizenship) during any portion of which such failure continues in
    an amount equal to the greater of - 
        (1) 5 percent of the tax required to be paid under section 877
      for the taxable year ending during such year, or
        (2) $1,000,

    unless it is shown that such failure is due to reasonable cause and
    not to willful neglect.
    (e) Information to be provided to Secretary
      Notwithstanding any other provision of law - 
        (1) any Federal agency or court which collects (or is required
      to collect) the statement under subsection (a) shall provide to
      the Secretary - 
          (A) a copy of any such statement, and
          (B) the name (and any other identifying information) of any
        individual refusing to comply with the provisions of subsection
        (a),

        (2) the Secretary of State shall provide to the Secretary a
      copy of each certificate as to the loss of American nationality
      under section 358 of the Immigration and Nationality Act which is
      approved by the Secretary of State, and
        (3) the Federal agency primarily responsible for administering
      the immigration laws shall provide to the Secretary the name of
      each lawful permanent resident of the United States (within the
      meaning of section 7701(b)(6)) whose status as such has been
      revoked or has been administratively or judicially determined to
      have been abandoned.

    Notwithstanding any other provision of law, not later than 30 days
    after the close of each calendar quarter, the Secretary shall
    publish in the Federal Register the name of each individual losing
    United States citizenship (within the meaning of section 877(a))
    with respect to whom the Secretary receives information under the
    preceding sentence during such quarter.
    (f) Reporting by long-term lawful permanent residents who cease to
      be taxed as residents
      In lieu of applying the last sentence of subsection (a), any
    individual who is required to provide a statement under this
    section by reason of section 877(e)(1) shall provide such statement
    with the return of tax imposed by chapter 1 for the taxable year
    during which the event described in such section occurs.
    (g) Exemption
      The Secretary may by regulations exempt any class of individuals
    from the requirements of this section if he determines that
    applying this section to such individuals is not necessary to carry
    out the purposes of this section.



Previous [Notes] Next

Related Resources

Tax Law Guide

Tax Articles and Documents

Tax Discussion

FindLaw Career Center

    Search for Law Jobs:

      Post a Job  |  View More Jobs
Ads by FindLaw