10/06/2026
Last year, Lily came to us in a panic.
Lily renounced her US citizenship in 2023.
A friend planning to renounce asked her who she used to do all the โIRS paperworkโ.
โWhat IRS paperwork?โ
โYou know, your last tax return, the dual status one, the FBAR, 8854 etc.โ
โI donโt know what youโre talking about.โ
Lily had never heard of an 8854.
Nobody at the embassy mentioned it.
It wasn't on any of the paperwork she signed.
Lily started to panic and started searching.
Then came the second blow.
She should have filed Form 8854!
And, there's a $10,000 penalty for not filing Form 8854 or filing it late.
Bring two years late, Lily didn't want to file at all.
"If filing it means I get a $10,000 penalty, why would I? The IRS havenโt contacted me."
It's a fair question. And one I hear more than you'd think. There are many reasons to officially close the door with the IRS.
We looked at the IRS Relief Procedures first.
For certain former citizens, the IRS has a formal relief programme that can wipe everything clean.
You must file 5 years of back tax returns, plus a final tax return โ there's no escaping that part.
But if your total tax liability across those 6 years is $25,000 or less, it's written off completely.
All penalties waived.
The $10,000 Form 8854 penalty gone.
If you owe more than $25,000, you don't qualify โ the Relief Procedures are closed to you.
But Lily had filed a 1040 for 2022. That ruled her out.
Important note: filing a 1040-NR does not exclude you from the Relief Procedures.
That left us one option.
Reasonable Cause.
Under US tax law, the IRS can waive a penalty if you can show your failure to comply was due to reasonable cause โ and not wilful neglect.
In plain English: "I had a genuine reason. I wasn't ignoring it on purpose."
Lily's case was strong.
โ The State Department said nothing about Form 8854 at her renunciation appointment
โ It appeared on none of the documentation she received
โ The moment she became aware, she came to me immediately
That last point matters enormously.
Wilful neglect means you knew โ and deliberately ignored it.
Lily didn't know.
And the moment she did, she acted.
That is the opposite of wilful neglect.
We built her Reasonable Cause statement covering all the important points of our defence
We submitted the late Form 8854 with the Reasonable Cause statement attached.
The $10,000 penalty was not issued.
๐๐ฒ๐ฟ๐ฒ'๐ ๐๐ต๐ฒ ๐ถ๐บ๐ฝ๐ผ๐ฟ๐๐ฎ๐ป๐ ๐๐ฎ๐ธ๐ฒ๐ฎ๐๐ฎ๐:
A late Form 8854 does NOT automatically make you a Covered Expatriate โ your historic facts determine that, not your filing date.
Reasonable Cause is a real and effective defence โ but it has to be built properly.
And the IRS looks differently at someone who comes forward voluntarily versus someone who waits for a notice.
If you renounced and never filed Form 8854 โ you are not out of options.
Get professional help.
Get safely and completely out of the US tax system โ on your terms, not theirs.