Tax Planning Issues for U.S. Expatriation: Minimizing the IRC 877A Exit Tax

Determining Covered Expatriates, Navigating the Mark-to-Market Tax on Unrealized Gains, Reporting Elections

Recording of a 90-minute CLE/CPE webinar with Q&A

Conducted on Wednesday, June 7, 2017

Recorded event now available

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Program Materials

This CLE/CPE webinar will provide attendees with a comprehensive look at Section 877A, as well as strategies for minimizing the impact of expatriation taxes.


The number of U.S. citizens expatriating from the United States has increased by an annual rate of 20% over the past several years. As part of Treasury’s effort to eliminate tax avoidance through expatriation, Congress passed Section 877A, which imposes various taxes on U.S. taxpayers who renounce their citizenship or a long-held green card.

Understanding the expatriation rules contained in Section 877A is critical for lawyers and tax advisors who counsel U.S. taxpayers with cross-border ties.

Section 877A creates an exit tax regime for certain U.S. taxpayers who renounce their citizenship, have intentionally relinquished their US citizenship when they become naturalized citizens of another country, or surrender a green card that has been held for more than seven years and whose income or net worth exceed certain thresholds. The exit tax rules also apply to expatriates who fail to certify U.S. income tax compliance for the five years preceding the year of expatriation.

The exit tax regime under Section 877A imposes an accelerated tax on unrealized capital gains and certain types of deferred compensation. The exit tax rules also imposes harsh gift and estate taxes on U.S. heirs of those affected by the law.

Listen as our experienced panel provides a comprehensive and practical guide to navigating the exit tax regime for U.S. citizens planning expatriation.



  1. Who is a Covered Expatriate?
    1. The 3 tests
    2. The exceptions
    3. Determining net worth when trust assets are involved
  2. The taxes applicable to a CE under Section 877A
  3. The inheritance tax under Section 2801
  4. Planning
    1. Getting below $2M in net worth


The panel will review these and other key issues:

  • Who is affected by Section 877A?
  • How to calculate the mark-to-market tax on capital gains?
  • What types of deferred compensation are subject to the exit tax?
  • The effect of the expatriation rules on U.S. gift and estate taxes.
  • Strategies for avoiding or minimizing the taxes imposed under Section 877A.


Shannon P. McNulty, J.D., LL.M. (Taxation), CFP®
Shannon P. McNulty, J.D., LL.M. (Taxation), CFP®

Law Office of Shannon P. McNulty

Ms. McNulty is an estate planning lawyer in New York City. She works with clients to implement strategies for...  |  Read More

Michael J. Stegman
Michael J. Stegman

Kohnen & Patton

Mr. Stegman's particular areas of focus include protecting assets from the claims of descendants’ creditors...  |  Read More

Seller, Ann
Ann M. Seller

Kohnen & Patton

Ms. Seller's work focuses primarily in estate planning and probate administration. As part of her practice, she...  |  Read More

Stephen Flott
Stephen Flott

Flott & Co.

Mr. Flott advises businesses, individuals and non-profits on a wide range of international business and tax...  |  Read More

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