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ATTORNEY [ licensed to practice in KOREA, U.S.A., ILLINOIS ] LEE, JAE WOOK
∗ [FOR AlienS - ENGLISH LANGUAGE LEGAL SERVICES in Counseling, Application and LITIGATION & TRIAL IN COURTS and TRIBUNALS in KOREA]
INTERNATIONAL DIVORCE, CIVIL, REAL ESTATE, PERSONAL INJURY, DAMAGES, TRAFFIC ACCIDENT, FRAUD, PENAL LAW, CRIMINAL TRIAL, FELONY, GUILTY PLEA, LEASE, RENTAL LAW, IMMIGRATION, INVESTMENT, TAX, INCORPORATION, TRADE, CONTRACT, DISPUTE IN CORPORATION, GOVERNMENT TREATMENT, REFUGEE, REMOVAL, VISA, PERMANENT RESIDENCE, CITIZENSHIP]
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[Category]
U.S.A. Lawful Permanent Resident, Citizenship (ǹ ̱ ̹,,ֱ-Green Card)
  • , ,
  • ,,
  • ǹ û & Կó Ҽ
  • , ߱ްźó Ҽ
  • ܱ ֱ,ùα &
  • U.S.A. Lawful Permanent Resident, Citizenship (ǹ ̱ ̹,,ֱ-Green Card)
  • U.S.A. LPR, Green Card Holder TRAVEL ( ̱ ֱ ѱ, ؿܿ)
  • ,,߱
  • ܿ㰡,û,,
[Category]
U.S.A. Lawful Permanent Resident, Citizenship (ǹ ̱ ̹,,ֱ-Green Card)


[Title]
C. ùα ǰ Ż(Citizenship can be lost or forfeited )
Start →


        
1.        ùα (lost of citizenship)

ο ùα ش (extreme circumstances) Ż ֽϴ.

׷ ٰſ ùα (statutory transmission) ùα Ż(forfeiture) Ż ֽϴ.

2.        ùα 2

ùα ǵ ֽϴ.



. Ż Ҹ(BY expatriation)

1) Ż INA section 349

INA section 349 Ǵ ȭ ̱ù ùα ִٰ ϰ ֽϴ.


(a) 18 ܱ ϰų ܱ 漺ͼ (Obtaining naturalization or taking oath to allegiance in foreign state after attaining age of 18),
(b)        ̱ 迡 ִ 뿡 Դϰų ٹϴ (Entering in/ serving in the armed forces of county engaged in hostilities with the US),
(c)        ܱ 屳(Foreign army as commissioned officer Commissioned officers are typically the only persons, in an armed forces environment, able to act as the commanding officer (according to the most technical definition of the word) of a military unit.[1] A superior officer is an officer with a higher rank than another officer, who is a subordinate officer relative to the superior.

Non-commissioned officers (NCOs) in positions of authority can be said to have control or charge rather than command per se; the use of the word "command" to describe any use of authority is often unofficial.
Commissioned officers generally receive training as leadership and management generalists, in addition to training relating to their specific military occupational specialty or function in the military. Many advanced militaries require university degrees as a prerequisite for commissioning, even from the enlisted ranks. Others, including the Australian Defence Force, the British Armed Forces, Nepal Army, the Pakistani Armed Forces, the Swiss Army, the Singapore Armed Forces, the Israel Defense Forces, the Swedish Armed Forces, and the New Zealand Defence Force, are different in not requiring a university degree for commissioning, although a significant number of officers in these countries are graduates. In the Israel Defense Forces, a university degree is a requirement for an officer to advance to the rank of lieutenant colonel. The IDF often sponsors the studies for its majors
Most officers in the Armed Forces of the United States are typically commissioned through one of three major commissioning programs:

- Service Academy (USMA, USNA, USAFA, USCGA, USMMA)
- Reserve Officer Training Corps (Army ROTC, NROTC, AFROTC)
- Officer Candidate School (Army OCS, Navy OCS, Marine OCS, Coast Guard OCS) or Officer Training School (Air Force OTS)

A smaller number of officers may be commissioned via other programs, such as the Marine Corps Platoon Leaders Class (PLC) during summers while attending college, or the Navy's since discontinued Aviation Officer Candidate School (AOCS) program, which also included the embedded Aviation Reserve Office Candidate (AVROC) and Naval Aviation Cadet (NAVCAD) programs. Others may attend precommissioning or post-commissioning officer indoctrination programs for officers in the medical/dental specialities, lawyers slated as JAG officers and military chaplains.

Graduates from the service academies attend their institutions in an active duty status for no less than four years and are commissioned immediately upon graduation. They comprise approximately 20% of the U.S. armed forces officer corps.

Other officers may be commissioned through the Reserve Officer Training Corps, which is the largest source of officers for the U.S. Army and the U.S. Air Force. ROTC is composed of small training programs at several hundred American colleges and universities.[2] There is no Marine Corps ROTC program per se, but there exists a Marine Corps Option for selected midshipmen in the Naval ROTC program. The Coast Guard has no ROTC program.

An officer may also be commissioned at a federal or, for a limited number of Army National Guard officers, at a state based Officer Candidate School. These schools train and commission college graduates and enlisted personnel toward being promoted to the commissioned officer ranks.

In the U.S. armed forces, officers without a university degree may, under certain circumstances, be commissioned. These are typically the officers in the Limited Duty Officer (LDO) and Chief Warrant Officer (CWO) programs of the Navy, Marine Corps and Coast Guard. Officers in this category comprise less than 2% of all officers. The Air Force, in contrast, now requires all commissioned officers, regardless of background, to possess a minimum of a bachelor's degree prior to commissioning.


) 屳(non commissioned officer A non-commissioned officer (NCO) is an enlisted member of the armed forces holding a position of some degree of authority who has (usually) obtained it by advancement from within the non-commissioned ranks. Non-commissioned officers usually receive some leadership training, but their function is to serve as supervisors within their area of trade speciality and, at lower NCO grades, they are not generally considered management specialists. Senior non-commissioned officers serve as advisors and leaders from the duty section level to the highest levels of the armed forces establishment. The duties of an NCO can vary greatly in scope, so that an NCO in one country may hold almost no authority, while others such as the United States and the United Kingdom consider their NCOs to be "the backbone of the military" due to carrying out the orders of those officers appointed over them.[3]

In most maritime forces (navies and coast guards), the NCO ranks are called petty officers and chief petty officers, with enlisted ranks prior to attaining NCO/petty officer status typically being called seaman, or some derivation thereof. In most traditional infantry, marine and air forces, the NCO ranks are known as sergeants and corporals, with non-NCO enlisted ranks referred to as privates and airmen.

However, some countries use the term commission to describe the promotion of enlisted soldiers. Especially in countries with mandatory service in the armed forces, NCOs are referred to as professional soldiers, rather than as officers.


) ٹ ,
(d)        ܱ Ǵ տ Ŀ ùα (Making formal renunciation of citizenship before diplomatic or counsel officer on specified form),
(e)        ̱ 鿡 ùα (Making a formal written renunciation whenever the US is in a state of war),
(f)        ݿ ¿ ̱ Ű (Act of treason or by force to overthrown the US), Ǵ ̱ Ͽ ⸦ (bear arms against the US)



쿡 ־, ùα (Renunciation) ݵ ڹ(voluntary)̾ ϸ, ڹ ǻ (by preponderance of the evidence) ؾ մϴ.

2) Ż

26 U.S. Code 877A Ż ǹ(Tax responsibilities of expatriation) ξ Ż ݰ å ϰ ֽϴ.


(a) ϹݿĢ(General rules)

Ͽ(For purposes of this subtitle)

(1) Ű (Mark to market)

Ż Ż Ͽ 尡 Ű (All property of a covered expatriate shall be treated as sold on the day before the expatriation date for its fair market value).

(2) ҵ ս ν(Recognition of gain or loss)

(1) Ű 쿡(In the case of any sale under paragraph (1))


(A) ٸ ұϰ, Ű Ͽ ߻ϴ ü ҵ Ű ͼӵǸ(notwithstanding any other provision of this title, any gain arising from such sale shall be taken into account for the taxable year of the sale, and)

(B) ̷ Ű ߻ϴ ü ս ޸ Ű ͼӵ˴ϴ. , 26 U.S. Code 1091 ̷ ü սǿ ʴ 츦 մϴ.(any loss arising from such sale shall be taken into account for the taxable year of the sale to the extent otherwise provided by this title, except that section 1091 shall not apply to any such loss).



Ʒ (3) ʰ ¿, ͼӵ ҵ̳ ս , ļ ҵ̳ ս ׿ ̷(Proper adjustment shall be made in the amount of any gain or loss subsequently realized for gain or loss taken into account under the preceding sentence, determined without regard to paragraph (3)).

(3) Ư ҵ (Exclusion for certain gain)

(A) Ϲ(In general)

ҵ濡 (1) Եǰ Ǵ( ) ݾ $600,000 Ͽ մϴ(׷ $0 Ϸδ ʽϴ)(The amount which would (but for this paragraph) be includible in the gross income of any individual by reason of paragraph (1) shall be reduced (but not below zero) by $600,000).

(B) ÷̼ǿ (Adjustment for inflation)

(i) Ϲ(In general)

2008 õǴ , (A) ݾ ϴ ˴ϴ(In the case of any taxable year beginning in a calendar year after 2008, the dollar amount in subparagraph (A) shall be increased by an amount equal to)


(I) ش ݾ׿ ݾ(such dollar amount, multiplied by)
(II) õǴ ؿ 26 U.S. Code 1(f)(3) Ȱ . , (B) 1992 2007 üմϴ(the cost-of-living adjustment determined under section 1 (f)(3) for the calendar year in which the taxable year begins, by substituting calendar year 2007 for calendar year 1992 in subparagraph (B) thereof).


(ii) (Rounding)

(i) ݾ $1,000 ƴ , ׷ ݾ $1,000 Ǿ մϴ(If any amount as adjusted under clause (i) is not a multiple of $1,000, such amount shall be rounded to the nearest multiple of $1,000).

(b) ̿ (Election to defer tax)

(1) Ϲ(In general)

ǹڰ (a) Ű ֵǴ ڻ Ͽ ϴ , ׷ ڻ꿡 ͼӵ ߰ ޽ñ ׷ ڻ óе ȯ޸ϱ(Ǵ, ҵ Ǵ Ϻΰ νĵ ʴ ŷ ڽ óеǴ 쿡, 繫κ ϴ ٸ ) ˴ϴ(If the taxpayer elects the application of this subsection with respect to any property treated as sold by reason of subsection (a), the time for payment of the additional tax attributable to such property shall be extended until the due date of the return for the taxable year in which such property is disposed of (or, in the case of property disposed of in a transaction in which gain is not recognized in whole or in part, until such other date as the Secretary may prescribe)).

(2) ڻ (Determination of tax with respect to property)

(1) ؼ, ڻ꿡 ͼӵ ߰ , ׷ ڻ Ͽ (a) ͼӵ ҵ (a) Ǵ ڻ Ͽ (a) ͼӵ ü ҵ濡 (a) 忡 ΰ ߰ݿ ϴ ݾ մϴ(For purposes of paragraph (1), the additional tax attributable to any property is an amount which bears the same ratio to the additional tax imposed by this chapter for the taxable year solely by reason of subsection (a) as the gain taken into account under subsection (a) with respect to such property bears to the total gain taken into account under subsection (a) with respect to all property to which subsection (a) applies).

(3) (Termination of extension)

ݳ ׿ Ż ϴ Ͽ 忡 ΰ ȯ޸(Ǵ, ̺ , ش ڻ Ͽ 㺸 (4) . , ǹڰ 繫 Ⱓ ׷ ұ 쿡 մϴ)ķ ϴ(The due date for payment of tax may not be extended under this subsection later than the due date for the return of tax imposed by this chapter for the taxable year which includes the date of death of the expatriate (or, if earlier, the time that the security provided with respect to the property fails to meet the requirements of paragraph (4), unless the taxpayer corrects such failure within the time specified by the Secretary).
(4) 㺸(Security)

(A) Ϲ(In general)

㺸 ش ڻ꿡 쿡, ڻ Ͽ (1) մϴ(No election may be made under paragraph (1) with respect to any property unless adequate security is provided with respect to such property).

(B) 㺸(Adequate security)

(A) ؼ, ڻ꿡 㺸 ֵ˴ϴ(For purposes of subparagraph (A), security with respect to any property shall be treated as adequate security if



(i) ش 㺸 繫 ǰ 繫 μ, ( ) θ μ, 26 U.S. Code section 6325 ä (it is a bond which is furnished to, and accepted by, the Secretary, which is conditioned on the payment of tax (and interest thereon), and which meets the requirements of section 6325), Ǵ(or)
(ii) ش 㺸 繫 ϴ (ſ ) 㺸 ٸ (it is another form of security for such payment (including letters of credit) that meets such requirements as the Secretary may prescribe).


(5) Ư Ǹ (Waiver of certain rights)

ǹڰ ΰ ü ΰ ¡ ϴ ü ࿡ Ǹ ⸦ 쿡, (1) մϴ(No election may be made under paragraph (1) unless the taxpayer makes an irrevocable waiver of any right under any treaty of the United States which would preclude assessment or collection of any tax imposed by reason of this section).

(6) (Elections)

(1) ÿ ڻ꿡 ؼ Ǹ, ϴ 쿡 ̸ ϴ(An election under paragraph (1) shall only apply to property described in the election and, once made, is irrevocable).

(7) (Interest)

26 U.S. Code section 6601 ѵ, θ ׿ ʰ ˴ϴ(For purposes of section 6601, the last date for the payment of tax shall be determined without regard to the election under this subsection).

(c) Ư ڻ꿡 (Exception for certain property)

(a) 쿡 ʽϴ(Subsection (a) shall not apply to).


(1) (Ʒ (d)(4) Ͱ ) ü ̿ (any deferred compensation item (as defined in subsection (d)(4))),

(2) (Ʒ (e)(2) Ͱ ) ü ü ̿ (any specified tax deferred account (as defined in subsection (e)(2))), (and)

(3) (Ʒ (f)(3) Ͱ ) ü ŹڽŹ (any interest in a nongrantor trust (as defined in subsection (f)(3)).


(d) ̿󹰿 ó(Treatment of deferred compensation items)

(1) ̿󹰿 (Withholding on eligible deferred compensation items)

(A) Ϲ(In general)

̿ , ׷ ǿ õ Żڿ ü ޱݿ ̿ 30% ϴ ϰ ؾ մϴ(In the case of any eligible deferred compensation item, the payor shall deduct and withhold from any taxable payment to a covered expatriate with respect to such item a tax equal to 30 percent thereof.

(B) ޱ(Taxable payment)

(A) ؼ, ޱ̶ Żڿ ؼ ش Żڰ ùα Ǵ ڷμ ϴ Ż Ѽҵ濡 Եǰ Ͽ ִ ü ޱ մϴ(For purposes of subparagraph (A), the term taxable payment means with respect to a covered expatriate any payment to the extent it would be includible in the gross income of the covered expatriate if such expatriate continued to be subject to tax as a citizen or resident of the United States).

̿ , ̷ ׷ ԰ϰ , ռ 忡 ޹ ޵˴ϴ(A deferred compensation item shall be taken into account as a payment under the preceding sentence when such item would be so includible).

(2) Ÿ ̿ (Other deferred compensation items)

̿ ƴ ü ̿ (In the case of any deferred compensation item which is not an eligible deferred compensation item),

(A)
(i) Ʒ (ii) ʴ ü ̿ 󹰰 Ͽ, Ż ߻ ġ ϴ ݾ ȹ μ Ż Ͽ شڰ (with respect to any deferred compensation item to which clause (ii) does not apply, an amount equal to the present value of the covered expatriates accrued benefit shall be treated as having been received by such individual on the day before the expatriation date as a distribution under the plan, and)
(ii) (4)(D) ü ̿ 󹰰 Ͽ, ̷ ǿ Ż Ǹ ޵Ǹ, Ż Ͽ ߴ 迡 ó ϸ(with respect to any deferred compensation item referred to in paragraph (4)(D), the rights of the covered expatriate to such item shall be treated as becoming transferable and not subject to a substantial risk of forfeiture on the day before the expatriation date),

(B) ̷ ó а (no early distribution tax shall apply by reason of such treatment, and)

(C) ̷ ݿϱ ȹ п ̷(appropriate adjustments shall be made to subsequent distributions from the plan to reflect such treatment).


(3) ̿(Eligible deferred compensation items0

ؼ, ̿󹰡̶ ü ̿ մϴ(For purposes of this subsection, the term eligible deferred compensation item means any deferred compensation item with respect to which)

(A) ̵ ڻ (the payor of such item is)

(i) ̱̰ų(a United States person, or)

(ii) ̱ ƴ, (1) Ͽ ̱ ޵DZ⸦ ϰ 繫 (1) ϴ Ȯϱ ϴ (a person who is not a United States person but who elects to be treated as a United States person for purposes of paragraph (1) and meets such requirements as the Secretary may provide to ensure that the payor will meet the requirements of paragraph (1)), (and)

(B) Żڰ(the covered expatriate)

(i) ο ڽ Ż ϰ(notifies the payor of his status as a covered expatriate, and)

(ii) ̷ ǿ Ͽ ü ü ࿡ û Ǹ ҺҰϰ (makes an irrevocable waiver of any right to claim any reduction under any treaty with the United States in withholding on such item).

(4) ̿ (Deferred compensation item)

ؼ, ̶̿(For purposes of this subsection, the term deferred compensation item means)

(A) section 219 (g)(5) ȹ̳ ü (any interest in a plan or arrangement described in section 219 (g)(5)),

(B) ܱݰȹ̳ ̳ α׷ ü (any interest in a foreign pension plan or similar retirement arrangement or program),

(C) ̿ ü ǰ(any item of deferred compensation, and)

(D) section 83 , Ǵ section 83 Ͽ 뿪 Ͽ Ǹ ִ ü ڻ Ǵ ڻ꿡 Ǹ(any property, or right to property, which the individual is entitled to receive in connection with the performance of services to the extent not previously taken into account under section 83 or in accordance with section 83).

(5) (Exception)

(1) (2) Żڰ ù̳ ڰ ƴ ؿܿ 뿪 ϴ ü ̿ 󹰿 ʽϴ(Paragraphs (1) and (2) shall not apply to any deferred compensation item to the extent attributable to services performed outside the United States while the covered expatriate was not a citizen or resident of the United States).

(6) ƯĢ(Special rules)

(A) Ģ (Application of withholding rules)

3 B Ģ Ģ ˴ϴ(Rules similar to the rules of subchapter B of chapter 3 shall apply for purposes of this subsection).

(B) (Application of tax)

(1) ΰǴ δ section 871 ΰ ް ˴ϴ(Any item subject to the withholding tax imposed under paragraph (1) shall be subject to tax under section 871).

(C) Ÿ ǰ ȭ(Coordination with other withholding requirements)

(1) ޴ ü section 1441̳ chapter 24 ʽϴ(Any item subject to withholding under paragraph (1) shall not be subject to withholding under section 1441 or chapter 24).

(e) ü ̿ ó(Treatment of specified tax deferred accounts)

(1) е óǴ (Account treated as distributed)

Ż Ͽ Żڰ ü ̿ ü (In the case of any interest in a specified tax deferred account held by a covered expatriate on the day before the expatriation date)

(A) Żڴ Ż Ͽ ش ڽ ü ڸ й޴ óǸ(the covered expatriate shall be treated as receiving a distribution of his entire interest in such account on the day before the expatriation date),
(B) ׷ ó м Ǿ ȵǸ(no early distribution tax shall apply by reason of such treatment, and
(C) ̷ ó ݿϱ κ ļ п ̷ մϴ(appropriate adjustments shall be made to subsequent distributions from the account to reflect such treatment).

(2) ü ̿(Specified tax deferred account)

(1) ؼ, ü ̶̿, section 408(k) Ǵ (p) ü ȹ(section 7701(a)(37) ), ڰ α׷(section 529 ), Coverdell (section 530 ), ǰ(section 223 ), Archer MSA(section 220 ) մϴ(For purposes of paragraph (1), the term specified tax deferred account means an individual retirement plan (as defined in section 7701 (a)(37)) other than any arrangement described in subsection (k) or (p) of section 408, a qualified tuition program (as defined in section 529), a Coverdell education savings account (as defined in section 530), a health savings account (as defined in section 223), and an Archer MSA (as defined in section 220)).

(f) ŹڽŹ ƯĢ(Special rules for nongrantor trusts)

(1) Ϲ(In general)

ŹڽŹκ Żڿ ü ڻ ( Ǵ ) (In the case of a distribution (directly or indirectly) of any property from a nongrantor trust to a covered expatriate)

(A) Źڴ ش κ 30% ϴ ݾ ش κ ϰ Ͽ ϸthe trustee shall deduct and withhold from such distribution an amount equal to 30 percent of the taxable portion of the distribution, and)
(B) ̷ ڻ 尡ġ Ź ¿ ʸ ʰϴ , ҵ ش ڻ 尡 Żڿ Ű Ͱ Ź νĵǾ մϴ(if the fair market value of such property exceeds its adjusted basis in the hands of the trust, gain shall be recognized to the trust as if such property were sold to the expatriate at its fair market value).

(2) κ(Taxable portion)

ؼ, κ̶ ü а Ͽ Żڰ ù Ǵ ڷμ ΰ޴ ش Ż Ѽҵ濡 Ե ִ ش κ մϴ(For purposes of this subsection, the term taxable portion means, with respect to any distribution, that portion of the distribution which would be includible in the gross income of the covered expatriate if such expatriate continued to be subject to tax as a citizen or resident of the United States).

(3) Ź Ź(Nongrantor trust)

ؼ, ŹڽŹ̶ ü Ź J(1)(E) ڷ ֵ ʴ κ մϴ(For purposes of this subsection, the term nongrantor trust means the portion of any trust that the individual is not considered the owner of under subpart E of part I of subchapter J).

忡 Ǵ Ż ̷ մϴ(The determination under the preceding sentence shall be made immediately before the expatriation date).

(4) ƯĢ(Special rules relating to withholding)

ؼ(For purposes of this subsection),

(A) (d)(6) Ģ Ģ Ǹ(rules similar to the rules of subsection (d)(6) shall apply, and),
(B) Żڴ 繫 մϴٰ Ǵϴ ٸ ġ , (1)(A) Ǵ ü п Ͽ ü ü ࿡ ü û Ǹ ޵˴ϴ(the covered expatriate shall be treated as having waived any right to claim any reduction under any treaty with the United States in withholding on any distribution to which paragraph (1)(A) applies unless the covered expatriate agrees to such other treatment as the Secretary determines appropriate).

(5) (Application)

, Żڰ Ż Ͽ Ź ̾ 쿡, ŹڽŹ ˴ϴ(This subsection shall apply to a nongrantor trust only if the covered expatriate was a beneficiary of the trust on the day before the expatriation date).

(g) Ż ƯĢ(Definitions and special rules relating to expatriation)

ؼ(For purposes of this section)

(1) Żڶ(Covered expatriate)

(A) Ϲ(In general)

Żڶ section 877(a)(2)(A),(B),Ǵ(C) ϴ Żڸ մϴ(The term covered expatriate means an expatriate who meets the requirements of subparagraph (A), (B), or (C) of section 877 (a)(2)).

(B) (Exceptions)

쿡 شڴ secction 877(a)(2)(A) Ǵ (B) ϴ ޵ ʽϴ(An individual shall not be treated as meeting the requirements of subparagraph (A) or (B) of section 877 (a)(2) if)

(i) μ(the individual)

(I) ̿ ùΰ ٸ ù Ǿ, Ż Ÿ ù ϸ ڷμ ް ִ (became at birth a citizen of the United States and a citizen of another country and, as of the expatriation date, continues to be a citizen of, and is taxed as a resident of, such other country, and)
(II) Ż ߻ Բ Ǵ 15 10 ʰ ʴ Ⱓ (section 7701 (b)(1)(A)(ii) ) (has been a resident of the United States (as defined in section 7701 (b)(1)(A)(ii)) for not more than 10 taxable years during the 15-taxable year period ending with the taxable year during which the expatriation date occurs), Ǵ(or)
(ii)
(I) ̱ ùα Ⱑ شڰ 18 1/2 ϱ ߻ϰ(the individuals relinquishment of United States citizenship occurs before such individual attains age 18 1/2, and)
(II) شڰ 10 ʴ Ⱓ ̱ ڿ (the individual has been a resident of the United States (as so defined) for not more than 10 taxable years before the date of relinquishment).

(C) ù Ǵ ڷμ Ż(Covered expatriates also subject to tax as citizens or residents)

Ż õǴ Ⱓ ̱ ù Ǵ ڷμ ڿ شϴ ü Ż , ̵ (d)(1) (f) section 2801 ؼ Ⱓ Żڷ ޵ ʽϴ(In the case of any covered expatriate who is subject to tax as a citizen or resident of the United States for any period beginning after the expatriation date, such individual shall not be treated as a covered expatriate during such period for purposes of subsections (d)(1) and (f) and section 2801).

(2) Ż(Expatriate)

Żڶ(The term expatriate means)

(A) ڽ ùα ϴ ̱ ùΰ(any United States citizen who relinquishes his citizenship, and)
(B) ̱ ֱ(secton 7701(b)(6) ǹ̳)̱⸦ ߴϴ ̱ ֱڸ մϴ(any long-term resident of the United States who ceases to be a lawful permanent resident of the United States (within the meaning of section 7701 (b)(6))).

(3) Ż(Expatriation date)

Ż̶(The term expatriation date means)

(A) ̱ùα ϴ (the date an individual relinquishes United States citizenship), Ǵ(or)

(B) ̱ , شڰ ̱ ֱ(section 7707(b)(6) ǹ̳)̱⸦ ߴϴ մϴ(in the case of a long-term resident of the United States, the date on which the individual ceases to be a lawful permanent resident of the United States (within the meaning of section 7701 (b)(6))).

(4) ùα (Relinquishment of citizenship)

ùα̶ ڽ ̱ ùα ޵˴ϴ(A citizen shall be treated as relinquishing his United States citizenship on the earliest of)

(A) شڰ ڽ ̱ ̱ ܱ Ǵ ڿ INA section 349(a)(5)(8 U.S.C. 1481 (a)(5)) ϴ (the date the individual renounces 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))),
(B) شڰ ο INA section 349(a)(1),(2),(3),Ǵ(4)(8 U.S.C. 1481 (a)(1)–(4)) Ż Ȯϴ ̱ ϴ (the date the individual furnishes 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))),
(C) ΰ شڿ ߱ (the date the United States Department of State issues to the individual a certificate of loss of nationality), Ǵ(or)
(D) ȭùα ȭ ϴ (the date a court of the United States cancels a naturalized citizens certificate of naturalization).

(A) Ǵ (B) ΰ شڿ ߱ν ش ⳪ ڹ ⸦ ļ 찡 ƴϸ شڿ ʽϴ(Subparagraph (A) or (B) shall not apply to any individual unless the renunciation or voluntary relinquishment is subsequently approved by the issuance to the individual of a certificate of loss of nationality by the United States Department of State).

(5) (Long-term resident)

ڶ section 877(e)(2)  ο ǹ̸ (The term long-term resident has the meaning given to such term by section 877 (e)(2)).

(6) м(Early distribution tax)

м̶ section 72 (t), 220 (e)(4), 223 (f)(4), 409A (a)(1)(B), 529 (c)(6), or 530 (d)(4) ΰ ü մϴ(The term early distribution tax means any increase in tax imposed under section 72 (t), 220 (e)(4), 223 (f)(4), 409A (a)(1)(B), 529 (c)(6), or 530 (d)(4)).

(h) Ÿ Ģ(Other rules)

(1) ̿ , Ÿ(Termination of deferrals, etc).

ü Ż , 忡 ٸ ұϰ(In the case of any covered expatriate, notwithstanding any other provision of this title)

(A) ǹڿ óе ڻ Ͽ νĵ ҵ ݾ׿ ҷ ̾ ڻ 濡 ʿ ü ñ Ż Ͽ Ǹ(any time period for acquiring property which would result in the reduction in the amount of gain recognized with respect to property disposed of by the taxpayer shall terminate on the day before the expatriation date, and)
(B) ݳθ ñ ü ŻϿ ϸ, ̷ ̳κκ 繫 ϴ ñ Ⱑ ϸ εǾ մϴ(any extension of time for payment of tax shall cease to apply on the day before the expatriation date and the unpaid portion of such tax shall be due and payable at the time and in the manner prescribed by the Secretary).

(2) ڻ(Step-up in basis)

(a) ΰ ü ϱ , شڰ ̱ ڷ ʷ شڰ ϰ ִ ڻ ش ش ڻ 尡̻ ʸ ޵˴ϴ(Solely for purposes of determining any tax imposed by reason of subsection (a), property which was held by an individual on the date the individual first became a resident of the United States (within the meaning of section 7701 (b)) shall be treated as having a basis on such date of not less than the fair market value of such property on such date).

شڰ ġ ʽϴ(The preceding sentence shall not apply if the individual elects not to have such sentence apply). ̷ ϴ ̷ ҵ ϴ(Such an election, once made, shall be irrevocable).

(3) secton 684 (Coordination with section 684)

Ż section 684 ҵ νĵǴ Ǵ , section 684 Ŀ Ǿ մϴ(If the expatriation of any individual would result in the recognition of gain under section 684, this section shall be applied after the application of section 684).

(i) (Regulations)

繫 ϴµ ʿϰ ؾ մϴ(The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section).



Ż(Expatriation Tax)

1.

Ż IRC section 877 section 877A ڽ ùα ̱ùΰ ڽ ֱ Ų ⿵ֱ(IRC 877(e) ٿ ) ˴ϴ(The expatriation tax provisions under Internal Revenue Code (IRC) sections 877 and 877A apply to US citizens who have renounced their citizenship and long-term residents (as defined in IRC 877(e)) who have ended their US resident status for federal tax purposes). شڰ Ż ٸ Ģ ˴ϴ(Different rules apply according to the date upon which you expatriated).



1. 2008.6.16. Ż(Expatriation on or after June 16, 2008)

2. 2004.6.3. 2008.6.16. Ż(Expatriation after June 3, 2004 and before June 16, 2008)
3. 2004.6.3. Ż(Expatriation on or before June 3, 2004)




2. 2008.6.16. Ż(Expatriation on or after June 16, 2008)

2008.6.16. Ż , شڿ Ʒ ϳ Ǵ 쿡 IRC 877A Ż ˴ϴ(If you expatriated after June 16, 2008, the new IRC 877A expatriation rules apply to you if any of the following statements apply).



1. Ż Ǵ ֱ 5Ⱓ ҵ漼 ÷̼ǿ Ǵ ݾ ʰϴ (2011 $147,000, 2012 $151,000, 2013 $155,000)(Your average annual net income tax for the 5 years ending before the date of expatriation or termination of residency is more than a specified amount that is adjusted for inflation ($147,000 for 2011, $151,000 for 2012, and $155,000 for 2013)).

2. ش Ż Ǵ $2,000,000̻ (Your net worth is $2 million or more on the date of your expatriation or termination of residency).

3. شڰ Ż Ǵ ֱ 5Ⱓ ü 漼 ǹ ؼߴٴ 8854 Ŀ Ȯ (You fail to certify on Form 8854 that you have complied with all U.S. federal tax obligations for the 5 years preceding the date of your expatriation or termination of residency).


̵ ϳ Ǵ , شڴ Żڰ ˴ϴ(If any of these rules apply, you are a covered expatriate.).

ùαڴ 4 Ͽ ڽ ̱ ùα ޵˴ϴ(A citizen will be treated as relinquishing his or her U.S. citizenship on the earliest of four possible dates):



(1) شڰ the date the individual renounces his or her U.S. nationality before a diplomatic or consular officer of the United States, provided the renunciation is subsequently approved by the issuance to the individual of a certificate of loss of nationality by the U.S. Department of State;

(2) the date the individual furnishes to the U.S. Department of State a signed statement of voluntary relinquishment of U.S. 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)), provided the voluntary relinquishment is subsequently approved by the issuance to the individual of a certificate of loss of nationality by the U.S. Department of State;

(3) the date the U.S. Department of State issues to the individual a certificate of loss of nationality; or

(4) the date a U.S. court cancels a naturalized citizens certificate of naturalization.


(IRC 7701(b)(6) ϴ), ڴ 쿡 ֱ ߴմϴ(For long-term residents, as defined in IRC 7701(b)(6), a long-term resident ceases to be a lawful permanent resident if);


(A) ̹ι ̹ڷμ ̱ ο ش ź ҵǰų, γ ̰ų(the individuals status of having been lawfully accorded the privilege of residing permanently in the United States as an immigrant in accordance with immigration laws has been revoked or has been administratively or judicially determined to have been abandoned, or)

(B) شڰ(the individual)
(1) ̱ ܱ ܱ ڷ ޵DZ μ(commences to be treated as a resident of a foreign country under the provisions of a tax treaty between the United States and the foreign country),
(2) ܱڿ Ǵ ʰ(does not waive the benefits of the treaty applicable to residents of the foreign country, and)
(3) 8833İ 8854Ŀ ̷ IRS (notifies the IRS of such treatment on Forms 8833 and 8854).


IRC 877C ðȸ ϵ ϴµ, ̴ Ϲ Ż ڻ 尡 Ű ֵȴٴ ǹմϴ(IRC 877A imposes a mark-to-market regime, which generally means that all property of a covered expatriate is deemed sold for its fair market value on the day before the expatriation date).

ָŰ ߻ ü ҵ, IRC ü Ÿ ұϰ, ָŰ ̷ ͼӵ˴ϴ(Any gain arising from the deemed sale is taken into account for the tax year of the deemed sale notwithstanding any other provisions of the Code).

ָŰ ߻Ǵ ü ս, սǸŰ սǰֺ ҵ(wash sale rule) IRC section 1091 ʽϴٴ ϰ, IRC ޸ ѵ ָŰ ̷ ͼմϴ(Any loss from the deemed sale is taken into account for the tax year of the deemed sale to the extent otherwise provided in the Code, except that the wash sale rules of IRC 1091 do not apply).

޸ ָŰĢ Ѽҵ濡 ԵǾ ݾ $600,000 ׵Ǵµ($0 Ϸδ ׵ ), ݾ 2008 ϴ ⵵ ؼ ÷̼ Ͽ ˴ϴ(ݾ)(The amount that would otherwise be includible in gross income by reason of the deemed sale rule is reduced (but not to below zero) by $600,000, which amount is to be adjusted for inflation for calendar years after 2008 (the exclusion amount)).

2013⵵ , ݾ $663,000Դϴ(For calendar year 2013, the exclusion amount is $663,000). ٸ 쿡 ؼ 8854 ȳ ϸ ˴ϴ(For other years, refer to the Instructions for Form 8854).

߿ ü ̳ սDZݾ(, ڻ óп ), ݾ ʰ, IRC 877A ðȸ ͼӵ ҵ սǷ ǰ ˴ϴ(The amount of any gain or loss subsequently realized (i.e., pursuant to the disposition of the property) will be adjusted for gain and loss taken into account under the IRC 877A mark-to-market regime, without regard to the exclusion amount).

ǹڴ Űڻ꿡 ͼӵ θ ̿ ֽϴ(A taxpayer may elect to defer payment of tax attributable to property deemed sold).


IRC 877A ðȸ ڼ Notice 209-85 ϸ ˴ϴ(For more detailed information regarding the IRC 877A mark-to-market regime, refer to Notice 2009-85).

Ż 8854 İ ȳ شڰ ο ϵ Ǿ Դ(Form 8854, Initial and Annual Expatriation Information Statement, and its Instructions have been revised to permit individuals to meet the new notification and information reporting requirements).

8854İ ȳ׿ شڰ  (ο ) ڽ 5 ݰ ǹ ߴ ο Ⱥο ؾ ϴ ο ؼ ϰ ֽϴ(The revised Form 8854 and its instructions also address how individuals should certify (in accordance with the new law) that they have met their federal tax obligations for the five preceding taxable years and what constitutes notification to the Department of State or the Department of Homeland Security).

2008.6.17. Ż , ÿ Ǵ ŻĢ Ͽ ˴ϴ(If you expatriated before June 17, 2008, the expatriation rules in effect at that time continue to apply).



2004.6.3. 2008.6.16. Ż(Expatriation after June 3, 2004 and before June 16, 2008)

2004 ڸâ(AJCA) IRC section 877 Ͽµ, ̴ Ư Żڿ üü踦 ϰ ֽϴ(The American Jobs Creation Act (AJCA) of 2004 amends IRC section 877, which provides for an alternative tax regime for certain, expatriated individuals).

IRC section 877 Ż 5 ⵵ ҵ漼δ 2004 ؼ $124,000, 2005 ؼ $127,000, 2006 ؼ $131,000, 2007 ؼ $136,000, 2008 ؼ $139,000̰ų, Ǵ Ż $2,000,000 ڻ갡ġ ڿ (Amended IRC 877 creates objective criteria to impose the tax on individuals with an average income tax liability for the 5 prior years of $124,000 for tax year 2004, $127,000 for tax year 2005, $131,000 for 2006, $136,000 for 2007, or $139,000 for 2008, or a net worth of $2,000,000 on the date of expatriation).

, شڿ ڽ Ż 5Ⱓ 漼ݰ ߴٴ IRS Ȯϵ 䱸ϰ , شڰ IRC section 877 Ģ ޴ Ⱓȿ 䱸ϰ ֽϴ(In addition, it requires individuals to certify to the IRS that they have satisfied all federal tax requirements for the 5 years prior to expatriation and requires annual information reporting for each taxable year during which an individual is subject to the rules of IRC 877).

, Żڴ, Ż 10Ⱓ Ⱓ߿ 30 ̻ Ǵ ģô ƴ ָ ̱ ϴ 쿡 60̻ ̱ üϴ ڽ ҵ濡 ΰ ް ˴ϴ(Further, expatriated individuals will be subject to U.S. tax on their worldwide income for any of the 10 years following expatriation in which they are present in the U.S. for more than 30 days, or 60 days in the case of individuals working in the U.S. for an unrelated employer).

, شڰ IRC section 877 Ż ΰ رݾ ϴ, IRC 7701(n) ̵ IRS(8854 ) ( ùα ) Ⱥ( ֱ ) ڽ Ż̳ 쿡, ؼ ̱ ùαڳ ڷ ޵ȴٰ ϰ ֽϴ(Finally, even if they do not meet the monetary thresholds for imposition of the IRC 877 expatriation tax, IRC 7701(n) provides that individuals will continue to be treated as U.S. citizens or long-term residents for U.S. tax purposes until they have notified both the Internal Revenue Service (via Form 8854) and the Secretary of the Department of State (for former U.S. citizens) or the Department of Homeland Security (for long-term permanent residents) of their expatriation or termination of residency).

, 2004.6.3. 2008.6.16. Ż , IRC 6039G ̵ IRC section 877 Ģ ޴ 䱸ϰ ֽϴ(Also, for individuals who expatriated after June 3, 2004, and before June 16, 2008, IRC 6039G requires annual information reporting for each taxable year during which such an individual is subject to the rules of IRC 877).

8854 ش ҵ漼 Ű, Ǵ ׷ Ű Ǿ ߴ Ⱑ ϰ ˴ϴ(Form 8854 is due on the date that the individuals U.S. income tax return for the taxable year is due or would be due if such a return were required to be filed).

Ż 8854 İ ȳ 2004.6.3. 2008.6.16. Ż ڰ IRC 6039G ο ֵ ֱ Ǿ(Form 8854, Initial and Annual Expatriation Information Statement, and its Instructions have been revised to permit individuals who expatriated after June 3, 2004, and before June 16, 2008, to meet the new notification and information reporting requirements under IRC 6039G).


2004.6.3. Ż(Expatriation on or before June 3, 2004)

Ż (AJCA ), ׷ ֵ ϳ ȸǿ ִ 쿡, ڽ ùα ̱ ùαڿ ݸ 濡 ָ ڿ , ˴ϴ(The expatriation tax provisions (prior to the AJCA amendments) apply to U.S. citizens who have renounced their citizenship and long-term residents who have ended their US residency for tax purposes, if one of the principal purposes of the action is the avoidance of U.S. taxes).

쿡 ֵ ȸ ˴ϴ(You are presumed to have tax avoidance as a principle purpose if):




1. ش Ż Ǵ ֱ 5 ҵ漼 $124,000 ̻̰ų(Your average annual net income tax for the last 5 tax years ending before the date of the expatriation act is more than $124,000, or
2. ش Ż ڻ갡ġ $622,000 ̻ (Your net worth on the date of the expatriation act is $622,000 or more.)


شڰ ϳ ϴ , شڴ IRS ڽ ȸǸ Ż ƴ϶ ڰ ֽϴ(If you meet either of the tests shown above, you may be eligible to request a ruling from the IRS that you did not expatriate to avoid U.S. taxes).

شڴ ŻϷκ 1̳ ̷ ûؾ մϴ(You must request this ruling within one year from the date of expatriation).

̷ û ݵ ԵǾ 뿡 ؼSection IV of Notice 97-19 ϸ ˴ϴ(For information that must be included in your ruling request, see Section IV of Notice 97-19).

شڰ ̷ , Ż ʽϴ(If you receive this ruling, the expatriation tax provisions do not apply).

Ż Ż ĺ 10Ⱓ ˴ϴ(The expatriation tax applies to the 10-year period following the date of the expatriation action). 2004.6.3. 2008.6.16. Ż ڿ ؼ ˴ϴ(It is figured in the same way as for those individuals expatriating after June 3, 2004, and before June 17, 2008).

2004.6.3. ݸ ̱ ùα Ǵ ̱ ָ , ݵ Ż 8854 ؾ մϴ(Individuals who renounced their US citizenship, or long-term residents that terminated their US residency, for tax purposes on or before June 3, 2004, must file an initial Form 8854, Initial and Annual Expatriation Information Statement).

ڼ 뿡 ؼ Expatriation Tax in Publication 519, U.S. Tax Guide for Aliens. ϸ ˴ϴ(For more detailed information refer to Expatriation Tax in Publication 519, U.S. Tax Guide for Aliens).




8854 ġ(What to do if you haven't filed a Form 8854)

8854 ñ ڼ 8854 ȳ ϸ ˴ϴ(For more detailed information on how, when and where to file Form 8854, refer to the Instructions for Form 8854).


ҵ漼Ű ġ(What to do if you haven't filed an Income Tax Return)

IRC section 877 877A پ ߿, 2004.6.3. ݸ ̱ùα ϰų ڽź ڴ IRS ڽ Ż 5Ⱓ ߴٴ Ȯؾ ϵ ϰ ֽϴ(Among the various requirements contained in IRC 877 and 877A, individuals who renounced their US citizenship or terminated their long-term resident status for tax purposes after June 3, 2004 are required to certify to the IRS that they have satisfied all federal tax requirements for the 5 years prior to expatriation).

Ż 5Ⱓ 쿡, شڰ IRC section 877 877A ݾ׻ ѵ ش ʴ, IRC section 877 877A Ż ް ˴ϴ(If all federal tax requirements have not been satisfied for the 5 years prior to expatriation, the individual will be subject to the IRC 877 and 877A expatriation tax provisions even if the individual does not meet the monetary thresholds in IRC 877 or 877A).

Ż ڴ, ش Ű Բ ΰ ̷ ִ θ ҹϰ, ⿡ Ű ؾ մϴ(Individuals who have expatriated should file all tax returns that are due, regardless of whether or not full payment can be made with the return).

, ⸦ ǹڴ ΰȹ û ڰ ֽϴ(Depending on an individuals circumstances, a taxpayer filing late may qualify for a payment plan).

ΰȹ ش ȹ ε ü å ؼؾ ʿ մϴ(All payment plans require continued compliance with all filing and payment responsibilities after the plan is approved).

ʼ ҵ漼 Ű ü ؼ Ű 츦 ϸ ˴ϴ(For more detailed information on what to do if you have not filed your required federal income tax returns, refer to Filing Past Due Tax Returns).

Ż Ű 쿡 ΰǴ ֿ Ģ(Significant penalty imposed for not filing expatriation form)


IRS ǹ鿡 Żϰų ָ̱ ڴ Ż (8854 ) Ͽ մϴٴ ȯŰ ֽϴ(The Internal Revenue Service reminds practitioners that anyone who has expatriated or terminated his U.S. residency status must file Form 8854, Initial and Annual Expatriation Information Statement).

8854 , شڰ IRC section 877 Ǵ 877A ü Ż ޴ 쿡, IRC section 6039G ؼϱ ؼ Ǿ մϴ(Form 8854 must also be filed to comply with the annual information reporting requirements of IRC 6039G, if the person is subject to the alternative expatriation tax under IRC 877 or IRC 877A).

8854 䱸Ǵ ̸ , $10,000 Ģ ΰ˴ϴ(A $10,000 penalty may be imposed for failure to file Form 8854 when required).

IRS, $10,000 Ģ ΰ Ͽ, 8854 ؼ Żڿ ߼մϴ(IRS is sending notices to expatriates who have not complied with the Form 8854 requirements, including the imposition of the $10,000 penalty where appropriate).

8854 ȳ׿ , ش ۼ ڼ ȳ ϰ ֽϴ(The Instructions for Form 8854 provide details about the filing requirements, related definitions and line-by-line instructions for completing the form).

ش ʰų, ش 䱸ϴ ϰ ϰų Ȯ Ͽ ϴ 쿡 Ģ ΰ ް ˴ϴ(Failure to file or not including all the information required by the form or including incorrect information could lead to a penalty).


ؿܿ ϴ ̱ùαڿ ֱ(U.S. Citizens and Resident Aliens Abroad)

Ż (8854 ) ؾ մϴ(Form 8854, Initial and Annual Expatriation Information Statement).



. Ż(DeNaturalization )

1) Ϲ

ȭ ̱ùαڴ Ż ùα (lose their citizenship)ϴµ, Ż ߹(removal proceedings) ̰ ˴ϴ.

Ż̶ ùα ϴ մϴ(Denaturalization means revocation of the citizenship). ɱ , ȭ ̱ùαڰ Ż ùα Żϴ մϴ(Although rare, it is possible for a naturalized U.S. citizen to have his or her citizenship stripped through a process called "denaturalization.")

Ż ùαڴ ̱κ ߹(Ա ߹)ǰ ˴ϴ(Former citizens who are denaturalized are subject to removal (deportation) from the United States).

̱ ùαڴ ڽ ùα Ż , ڹ ڽ ùα ֽϴ(Natural-born U.S. citizens may not have their citizenship revoked against their will, but may choose to renounce their citizenship on their own).

κп ùα ҵ ִ , Ż , Ż 캻(This article covers the grounds for having one's citizenship revoked, the basics of the denaturalization process, and defenses to denaturalization).

Ż (Grounds for Denaturalization)


̹νźа Ͽ (lying at any point about immigration status), CIS ȥ̶ Ǵ (CIS finds out marriage was a fraud), (Nazi guards) 찡 ֽϴ.

ȭ û (Falsification or Concealment of Relevant Facts)

Ż Ǵ ߰ǿ ˸鼭 ϰ 쿡 شϿ ǰ (where they have conviction for knowingly procuring naturalization in violation of law) ߻ ֽϴ.

ȭû õ ̳ ͺ 亯Կ ־ شڴ Ͽ մϴ(You must be absolutely truthful when filling out paperwork and answering interview questions related to the naturalization application process).

̱ùα ̹μ(USCIS), ó ̳ ߰ ϴ, شڰ ùα 㰡 Ŀ شڸ ŻҼ ֽϴ(Even if the U.S. Citizenship and Immigration Service (USCIS) fails to recognize any lies or ommissions at first, the agency may file a denaturalization action against you after citizenship has been granted).

̷ 쿡 ʰų ڽ Ǹ źп ϴ Ե˴ϴ(Examples include failure to disclose criminal activities or lying about one's real name or identity).

ȸ ź(Refusal to Testify Before Congress)

Ż Ǵ (Actions that create presumption in favor of de-naturalization)δ, ȸ ȸ ϱ⸦ ź (Refusal to testify in front of congressional committee for subversive activities)μ, ȸ˷ ǰ ް(where person has been convicted for contempt), ̷ ȭ 10̳ ߻ (in 10 years of naturalization) ֽϴ..


شڴ, ϰų θ ϰ ϴ Ͱ شڰ õǾٴ 忡 縦 ϱ ϴ ȸ ȸ źؼ ȵ˴ϴ(You may not refuse to testify before a U.S. congressional committee whose job it is to investigate your alleged involvement in subversive acts, such as those intended to harm U.S. officials or overthrow the U.S. government). ̿ ùα ź ϱ ؾ ϴ 䱸 10 Ҹ˴ϴ(This requirement to testify in order to maintain citizenship status expires after 10 years).



ü (Membership in Subversive Groups)

ΰ شڰ ȭ ù 5⳻ ϴ , ش ùα ҵ˴ϴ(Your citizenship may be revoked if the U.S. government can prove that you joined a subversive organization within five years of becoming a naturalized citizen).

̷ ο 漺 ֵ˴ϴ(Membership in such organizations is considered a violation of the oath of U.S. allegiance). ̷ δ ̳ īٵ Ե˴ϴ(Examples include the Nazi Party and Al Qaeda).


Ҹ (Dishonorable Military Discharge)

̱ ٹ Ͽ ȭ ̱ùαڰ ̹Ƿ, ش ùα, شڰ 5Ⱓ ٹ ϱ Ҹ 븦 쿡, ҵ ֽϴ(Since you may become a naturalized U.S. citizen by virtue of serving in the U.S. military, your citizenship may be revoked if you are dishonorably discharged before serving five years). Ҹ μ Ϲ ޾ƾ ϴ Ե˴ϴ(Reasons for dishonorable discharge, which must follow a general court-martial, include desertion and sexual assault).


Ÿ

Ż ̰ų (membership or affiliation with subversive, communist orgarnizaton) ߻ ֽϴ. л쿡 ߴ ڷμ (Currently Nazis who participated in holocaust) ̿ شմϴ.

Ż(The Denaturalization Process)

λҼ

ȭ ùαڰ ڽ ùα Żϴ Ż ( ǰ ϴ ) Ǹ λҼ Ϲ Ģ Դϴ(Denaturalization, in which a naturalized citizen is stripped of his or her citizenship, is a process that occurs in federal court (typically in the district court where the defendant last resided) and follows the standard rules of federal civil court cases).

, ̴ ̹ źп ִ ̹λ ƴմϴ(As such, it is not an immigration case even though it affects immigration status).

Ҽ

ȭ ùαڷμ ùα ڷ Ǹ ڴ ̱ մϴ(Naturalized citizens found to be in violation of the terms of citizenship must leave the country). ڽ θ źп ٰϿ ùα ο ̼ڳ θ Żϸ ùα մϴ(Children granted citizenship based on their parent's status may also lose their citizenship after that parent has been denaturalized).



ٸ λǰ , Ż ǰ Բ õǸ, ǰ 忡 亯ϰ ڽ (Ǵ ̹κȣ縦 )ϰ ˴ϴ(As with any other civil case, the denaturalization process begins with a formal complaint against the defendant, who may respond to the complaint and defend himself or herself at trial (or hire an immigration attorney)).

ǰ 60 忡 亯 ȸ , 亯 ǰ, , ش Ҽ ߸ ̶ų ôⰣ Ͽٴ ֽϴ(The defendant has 60 days to file an answer to the complaint, where he or she may claim the action is based on wrong information or that the statute of limitations has expired, for example).





Ż ؼ иϰ Ȯ (by clear & convincing evidence) Ǿ մϴ.

δ, USCIS ǹŴ , ǰ Ż (κ λҼۻǿ å δϳ, Ǻ ƴմϴ) մϴٴ ؾ ϴ ޴´(The U.S. government has a high bar for proving a defendant meets the criteria for denaturalization (a heavier burden of proof than most civil cases, but not as great a burden as criminal cases), according to the USCIS Adjudicator's Field Manual):



"ùα Ǹ̹Ƿ, ̴ ΰ å ϸ Ż ϴ(Because citizenship is such a precious right, it cannot be taken away unless the government is able to meet a high burden of proof)...

, شڰ ȭ ų ȭ Ǵ ߰ǿ ߴ () ̶ ϴ Ű ִ 쿡, ش Ż ̰ ֽϴ(Accordingly, a case should only be referred for denaturalization where there is objective evidence to establish that the individual was not eligible for naturalization, or procured naturalization by willful concealment or material misrepresentation.)"



ش ̱ ùα ҵǸ, شڴ ǰ Ǵ Ա ߹ Ͽ ߹ǰ ˴ϴ(If your U.S. citizenship is revoked, you may be deported soon after the verdict is issued).

׼ҿ (Appeals & Defenses)

ٸ Ҽۻ , ùα ҵ ڴ, ϱ޹ Ͽٰ ٰŰ ִ 쿡, ش Һ ֽϴ(As with other types of court cases, individuals whose citizenship is revoked may appeal the decision if there is reason to believe the lower court made legal errors). , Ż óϰ ڴ, ̵鿡 ü ų û ǵ Ű 쿡, û ֵ ʽϴ(Also, those facing denaturalization are not considered to be "concealing" relevant facts if there was no inquiry about them or if there is a lack of evidence pointing to an intentional concealment of relevant facts).

, 翡 ϴ ȭ ùαڿ װ ȣϴ ü ߴ ޾Ұ, ̿ ƴ϶ 亯Ͽٰ (For example, a naturalized citizen belonging to the Communist Party was asked if he belonged to any organization advocating the overthrow of the U.S. government, answering
← End



[Title]
C. ùα ǰ Ż(Citizenship can be lost or forfeited )



  
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