Some individuals are mistaken that the Obama proposal to exempt certain U.S. citizens from taxation (including the “mark to market” exit tax), is the same as the exception in IRC Section 877A(g)(1)(B).
It’s not. They are not the same, although they have some similar requirements (e.g., 5 years of certification of U.S. tax law compliance under penalty of perjury).
There are important differences. Most importantly, the IRC Section 877A(g)(1)(B) exception requires the individual not only have been a dual citizen (of at least two or more countries) at birth, along with U.S. citizenship; but also continue to reside and be a tax resident of that country, i.e., the country of which they were also a citizen at the time of their birth. This tax residency/dual citizenship rule is necessarily required by IRC Section 877A(g)(1)(B). If the person has moved to another country, they will not be eligible for this treatment and will be subject to the mark to market “exit tax” if they renounce their U.S. citizenship. Their U.S. heirs and beneficiaries will also be subject to the 40% (current tax rate) tax on “covered gifts” and “covered bequests.”
The President’s proposal (if it ever becomes law) will also apparently exempt all qualifying individuals from any type of U.S. taxation; other than tax that would apply to a “non-resident alien” (which would be no U.S. tax – if the individual had no U.S. source income). Not only would no “exit tax” apply, but so too would no U.S. income tax on their income from their country of residence or any other country outside the U.S. The President’s proposal would also exempt them from all U.S. tax filing requirements (other than the 5 years) and from FBAR filing requirements. See, Nuances of FBAR – Foreign Bank Account Report Filings – for USCs and LPRs living outside the U.S.