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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.
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