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Topic: Form 8854 query  (Read 1952 times)

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Form 8854 query
« on: September 15, 2015, 12:30:39 PM »
Once a person has renounced, and filed the final tax forms including Form 8854, does any kind of acknowledgment ever materialise?  Does the IRS ever say, "OK, you're no longer a US Person"?

If not, does anyone have any thoughts on how long it would be prudent to wait before concluding it's all done and dusted?


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Re: Form 8854 query
« Reply #1 on: September 15, 2015, 12:39:48 PM »
I never got anything from the IRS in response to my 8854, just as I never got any response to the submission of my normal tax forms. I kept a copy for myself and assume it's like any other tax paperwork that you need to keep for x number of years.
Arrived as student 9/2003; Renewed student visa 9/2006; Applied for HSMP approval 1/2008; HSMP approved 3/2008; Tier 1 General FLR received 4/2008; FLR(M) Unmarried partner approved (in-person) 27/8/2009; ILR granted at in-person PEO appointment 1/8/2011; Applied for citizenship at Edinburgh NCS 31/10/2011; Citizenship approval received 4/2/2012
FINALLY A CITIZEN! 29/2/2012


Re: Form 8854 query
« Reply #2 on: September 15, 2015, 12:59:21 PM »
I never got anything from the IRS in response to my 8854, just as I never got any response to the submission of my normal tax forms. I kept a copy for myself and assume it's like any other tax paperwork that you need to keep for x number of years.

Thanks DrSuperL99. 

I think I'll give them six months and then send them a registered letter.


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Re: Form 8854 query
« Reply #3 on: September 15, 2015, 04:44:34 PM »
One sends TWO copies of the 8854 - to two different IRS offices. Only one can be sent by courier, so most people would track that courier.


Re: Form 8854 query
« Reply #4 on: September 15, 2015, 05:03:17 PM »
Excellent!   :D   Thanks very much, guya. 

Just trying to make sure I'll be able to prove my non-citizenship on the tax front as well as the nationality front.  A copy of the form plus proof of receipt should serve the purpose.


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Re: Form 8854 query
« Reply #5 on: September 15, 2015, 06:50:39 PM »
Photograph the documents and film yourself mailing them - and email both to yourself via Gmail so you have timed evidence that they were sent...or you can read this stuff...
http://hodgen.com/you-cant-file-form-8854-via-fedex-or-ups/
http://hodgen.com/filing-form-8854-by-fedex-a-success-story/


Re: Form 8854 query
« Reply #6 on: September 15, 2015, 08:38:00 PM »
Wow!  Those Phil Hodgen blogs are very interesting.  Who would have thought it could get so complicated!

I don't think I need to go to those lengths.  I'm in no danger of becoming a covered expatriate on the basis of my finances, but I want to be able to prove to my banks, and if necessary to HMRC or a UK Court, that I've jumped through all the hoops and am no longer a USC in any sense of the term that has so far been invented.  So they no longer will have any pseudo-legal justification for threatening to close my accounts.  If a courier tracking record and a copy of the form isn't accepted as reasonable proof that I filed the forms, I guess I'll just have to give up and resign myself to paying my bills in cash.  (Does PayPoint count as a FFI I wonder?)

And if it gets to that point, I'll let the Uk Government figure out how they're going to pay my state pension in cash!   ;)

Thanks very much for the information.


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Re: Form 8854 query
« Reply #7 on: September 15, 2015, 09:01:19 PM »
I would have thought that your CLN is what would count for banks, HMRC, etc. The 8854 is just for the IRS and I don't imagine would have any standing outside the US. It's the CLN that matters.
Arrived as student 9/2003; Renewed student visa 9/2006; Applied for HSMP approval 1/2008; HSMP approved 3/2008; Tier 1 General FLR received 4/2008; FLR(M) Unmarried partner approved (in-person) 27/8/2009; ILR granted at in-person PEO appointment 1/8/2011; Applied for citizenship at Edinburgh NCS 31/10/2011; Citizenship approval received 4/2/2012
FINALLY A CITIZEN! 29/2/2012


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Re: Form 8854 query
« Reply #8 on: September 15, 2015, 09:37:19 PM »
Part of the 2008 HEART Act included section 2801 in addition to the Exit Tax. Here's what Hodgen wrote at the time:

http://hodgen.com/why-section-2801-is-dumb/

On 9 September 2015, the Treasury finally issued the regulations.

https://s3.amazonaws.com/public-inspection.federalregister.gov/2015-22574.pdf

File whatever necessary (8854), but do not become a covered expatriate.


Re: Form 8854 query
« Reply #9 on: September 15, 2015, 09:41:21 PM »
I would have thought that your CLN is what would count for banks, HMRC, etc. The 8854 is just for the IRS and I don't imagine would have any standing outside the US. It's the CLN that matters.

Maybe.  It seems to me difficult to be sure what matters, or will be made to matter next month, or next year, or retroactively.  Easy enough to track the form and have the proof if it's needed.



Re: Form 8854 query
« Reply #10 on: September 15, 2015, 09:47:45 PM »
Part of the 2008 HEART Act included section 2801 in addition to the Exit Tax. Here's what Hodgen wrote at the time:

http://hodgen.com/why-section-2801-is-dumb/

On 9 September 2015, the Treasury finally issued the regulations.

https://s3.amazonaws.com/public-inspection.federalregister.gov/2015-22574.pdf

File whatever necessary (8854), but do not become a covered expatriate.
Yeah, that's actually what started me thinking about how to get proof of filing.  Not that I expect my legatees to suffer, as they're not USCs, but it made me realise it would be sensible to be able to prove I had filed the form.


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