You are so wrong that I don’t even know where to begin.
New Expatriation Law
The provisions of IRC § 877A apply to all U.S. citizens and former long-term permanent residents who expatriate on or after June 17, 2008, (a covered expatriate) if they meet any of the following three tests:
Net Income Tax Test: For the five-year period before expatriation, the individual had an average annual U.S. income tax liability of at least $139,000 in 2008 (this number will be adjusted annually); or
Net Worth Test: The individual’s net worth is at least $2,000,000; or
Certification Test: The individual fails to certify that he or she satisfied all applicable U.S. tax obligations for the five years before expatriation.
The new tax regime applies to certain individuals who relinquish their US citizenship and certain long-term U.S. residents (i.e., green card holders) who terminate their U.S. residence (hereafter referred to as ‘expatriates’). The so-called ‘mark-to-market’ tax will apply to the net unrealized gain on the expatriate’s worldwide assets as if such property were sold (the ‘deemed sale’) for its fair market value on the day before the expatriation date. Any net gain on this deemed sale in excess of US$600,000 will be taxable.
In addition, trustees of non-grantor trusts must withhold and pay over to the IRS 30 percent of the portion of any distribution (whether direct or indirect) that would have been taxable to the expatriate had he not expatriated. Failure to withhold the tax could subject the trustee to direct liability for the unpaid U.S. tax.
The Act became law on 18 June, 2008.