Guide
Am I a covered expatriate? The three tests for 2026
Updated
The exit tax does not apply to everyone who leaves. It applies to covered expatriates, and that is a three-part test where meeting any single limb is enough.
The three tests
Section 877A(g)(1)(A) defines a covered expatriate as an expatriate who meets the requirements of subparagraph (A), (B) or (C) of section 877(a)(2). Any one of the three is enough.
- Net worth test
- Your net worth is $2,000,000 or more on the date of expatriation or termination of residency. This figure sits in the statute and is not indexed for inflation, so it has not moved since 2004 (IRS).
- Income tax test
- Your average annual net income tax for the 5 taxable years ending before the expatriation date exceeds an inflation-adjusted amount: $211,000 for a 2026 expatriation date (Rev. Proc. 2025-32 s4.37). This is tax paid, not income earned.
- Certification test
- You fail to certify under penalty of perjury on Form 8854 that you have complied with all federal tax obligations for the 5 preceding tax years, or fail to submit the evidence the IRS requires (Form 8854 instructions).
The certification test catches people the money tests never would. Someone with a modest net worth and five years of unfiled returns is a covered expatriate for that reason alone.
Who counts as an expatriate at all
Section 877A(g)(2) covers two groups: US citizens who relinquish citizenship, and long-term residents who cease to be lawful permanent residents. A long-term resident is a green card holder who held that status in at least 8 of the last 15 tax years ending with the year the status ends (section 877(e)(2)). Years in which you claimed treaty residence in another country and notified the IRS on Forms 8833 and 8854 do not count.
The two exceptions, and their limit
Section 877A(g)(1)(B) carves out two groups. First, individuals who became at birth both a US citizen and a citizen of another country, who as of the expatriation date remain a citizen of and are taxed as a resident of that other country, and who have been US residents for no more than 10 of the 15 taxable years ending with the year of expatriation. Second, individuals who relinquish before turning 18 and a half and who were US residents for no more than 10 taxable years before that.
Read the exception carefully. It disapplies only the net worth test and the income tax test. The certification test still applies, so a qualifying dual citizen who cannot certify five clean years on Form 8854 is a covered expatriate anyway.
If you are not covered
No mark-to-market charge, no deemed sale, no section 877A tax. You still file Form 8854 for the year of expatriation, and you still file a final dual-status or part-year return. The IRS also runs relief procedures for certain former citizens with no filing history, whose non-willful failures gave them an aggregate tax liability of $25,000 or less over six years and net worth below $2,000,000.