Changing U.S. Tax Jurisdiction: Expatriates, Immigrants, and the Need for a Coherent Tax Policy

Abstract

Over the last eighty years, Congress has failed to develop a coherent approach to persons and property changing U.S. tax jurisdiction. Congress has enacted a comprehensive regime to address the transfer of property outside the U.S. when the beneficial owner of the property continues to be subject to U.S. residence basis taxation. This regime, however, is inconsistent with that applicable to property leaving and entering U.S. tax jurisdiction because the owner of the property leaves (expatriates) or enters U.S. tax jurisdiction, even though identical tax policy issues arise. This article argues that Congress should adopt a mark-to-market tax regimes for persons and property that enter or leave U.S. residence or trade or business taxation.