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Description

Surrendering your green card involves complex tax consequences that can lead to a significant exit tax. Timing is critical as the specific date you give up your Lawful Permanent Resident status directly impacts your tax situation and potential liabilities.

• Form I-407 is the official document to abandon LPR status with no government fee
• Timing of filing is crucial—mail from outside the US to control your expatriation date
• Long-Term Resident (LTR) status applies after holding a green card for 8 of the last 15 years
• Just one day with a green card in a tax year counts as the entire year toward the 8-year test
• "Covered expatriate" status triggers if you meet any of three tests: net worth over $2M, average annual tax over $206K (2025), or inability to certify 5 years of tax compliance
• Exit tax treats worldwide assets as if sold the day before expatriation with $890K exclusion (2025)
• Retirement accounts face special treatment—30% withholding on US qualified plans, possible immediate taxation on foreign pensions
• Best strategy: surrender green card before becoming an LTR (before 8 years)
• Form 8854 is required with final tax return—$10,000 penalty if not filed
• An additional "shadow tax" of 40% applies when covered expatriates give gifts to US persons later
• Names of expatriates are published in the Federal Register

More detailed info at Immigration and Tax Consequences of Abandoning U.S. Residency ("Green Card"). If you have questions, contact us.

Moving, Working, and Investing for Americans Abroad