How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ely Your Own Question

Ely
Ely, Lawyer
Category: US Law
Satisfied Customers: 101354
Experience:  Counselor at Law. Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your US Law Question Here...
Ely is online now

There. We lived in USA between 2005 and 2010. We have

Resolved Question:

Hi there. We lived in USA between 2005 and 2010. We have returned back to the UK. I am a dual national and my wife holds a green card, which she now needs to give up - as it looks like we will be in UK for the long haul. We own a property in UK. Will she be liable for an exit tax noting she does not work?

Submitted: 1 year ago.
Category: US Law
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.Are you asking about "exit tax" in US or UK?This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.

We live in UK and own a UK home. I am a dual citizen, my wife only has a green card. Exit tax refers to US not UK. Hope this clarifies?

Expert:  Ely replied 1 year ago.
Thank you, ***** ***** There is no such thing as an "exit tax" in the USA either on a state or federal level. So no, she should not be subject to an exit tax. However, as a greencard holder, she may still be liable for federal taxes in general while she holds the greencard and perhaps even afterwards. See HERE.All the best.I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.
Customer: replied 1 year ago.

Hi Ely. We do our UK and US tax returns every year anyway. Unfortunately since we now live in UK, we need to surrender her greencard as are unlikely to return to UK. As such just trying to understand whether she will have to pay an exit tax the same way I would have to if I gave up my citizenship ie will we be taxed on our UK home (primary residence) even though we have not sold it. Not sure if I am explaining my question well

Expert:  Ely replied 1 year ago.
Ah, thank you.No, USA does not have an exit tax. So the answer to your question is no, someone in your situation should not have to pay such a tax.However, she may be subject to expatriate tax. The tax applies to green-card holders who abandon U.S. residency after having held a green card for at least 8 of the last 15 tax years. This is not a "lump sum," but a formulated tax and only if she has held a greencard or 8 of the last 15 years. See HERE.Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Customer: replied 1 year ago.

Thanks Ely. Wow - you caught me out on that as I never even heard of this tax. Se has held a greencard since 2005 - so 10 years now. Since she does not work, since we only own half of our house (other half is mortgaged) and we are not worth USD 2 mio, and since we have filed tax returns for last 10 years, hope this will not be applicable to us.

Expert:  Ely replied 1 year ago.
It should not be - this is only for individuals who earn money abroad. So she should not be subject to that tax. So at least, there is that good news. And with no "exit tax" like the UK has, I hope that clarifies the issue.Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Ely, Lawyer
Category: US Law
Satisfied Customers: 101354
Experience: Counselor at Law. Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and other US Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H.
< Previous | Next >
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H.
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Ely

    Lawyer

    Satisfied Customers:

    35
    Counselor at Law. Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Previous | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Lawyer

    Satisfied Customers:

    35
    Counselor at Law. Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/EN/enmartin/2015-3-3_20197_a.64x64.jpg Guillermo Senmartin's Avatar

    Guillermo Senmartin

    Attorney At Law

    Satisfied Customers:

    27351
    Over 12+ years of experience in various areas of U.S. Law and 15+ years of experience in U.S. Immigration Law..
  • http://ww2.justanswer.com/uploads/ZO/ZoeyJD/2014-6-19_11019_14.64x64.jpg Zoey, JD's Avatar

    Zoey, JD

    Criminal Defense Lawyer

    Satisfied Customers:

    53
    Over 20 years of high volume criminal defense work,including all aspects of a case from arraignment to plea or trial.
  • http://ww2.justanswer.com/uploads/JO/JoseMagadan/2013-6-27_16279_IMG6290copia.64x64.JPG José M.'s Avatar

    José M.

    Attorney

    Satisfied Customers:

    21
    Spanish Attorney
  • http://ww2.justanswer.com/uploads/MS/MsAM/2012-6-9_16426_anna.64x64.jpeg Anna's Avatar

    Anna

    Teacher, writer, biologist

    Satisfied Customers:

    270
    Great research skills, variety of work experiences, teaching experience.
  • http://ww2.justanswer.com/uploads/PD/pdheslin/2012-6-6_232056_pambig.64x64.jpg pdheslin's Avatar

    pdheslin

    Consultant

    Satisfied Customers:

    51
    20+ years of internet site creation and search engine optimization. Dozens of search tools at my disposal.
 
 
 

Related US Law Questions