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I have a green card and I'm moving back to Europe — does the US exit tax apply to me?

Short answer: The US exit tax applies if you are a 'long-term resident' (holding a green card in 8 of the last 15 years) and meet one of three 'covered expatriate' tests: a net worth over $2M, a high average tax liability, or a failure to certify 5 years of tax compliance. If covered, your global assets are 'deemed sold' for tax purposes.

Written and reviewed by Anthony Walsh, Selanis. Last reviewed 2026-10-06.

Why it works this way

The exit tax (Section 877A) was designed to prevent people from leaving the US just to avoid tax on large gains. For Europeans, the $2 million net worth test is the most common trigger. This includes the value of your US and European real estate, 401(k)s, IRAs, and any unvested equity. It is a 'snapshot' of your global wealth.

The '8-year rule' is strict. Even one day of holding a green card in a calendar year counts as a full year. If you got your card in late 2018 and are leaving in early 2025, you have hit the 8-year mark. Planning often involves abandoning the green card *before* the 8th year begins to avoid the 'long-term resident' label entirely.

If you are a 'covered expatriate,' the consequences are severe: you are taxed on the unrealized gain of all your assets (above an exclusion amount, which is inflation-indexed: $866,000 in 2024 and $890,000 in 2025), your IRAs are treated as fully distributed, and any future gifts or bequests you make to US citizens could be taxed at 40%.

The expensive mistake: Assuming the $2M threshold is per couple

The $2 million net worth test is applied *individually*. If a couple has $3.5 million in joint assets, neither may be a covered expatriate. However, if one spouse holds $2.1 million and the other $1.4 million, the first spouse is 'covered.' Titling assets correctly before expatriating can be the difference between paying the tax or not.

What to do

  1. Count your green card years precisely — Review your records to see if you have hit the 8-of-15 year threshold. If you are in year 7, consider moving your departure date up.
  2. Conduct a 'Mock' Exit Tax calculation — List all global assets at fair market value to see if you exceed the $2M threshold or the average tax liability test.
  3. Certify five years of tax compliance — Ensure all your past returns, FBARs, and form disclosures (like 3520 or 8938) are correct, as failing this test makes you 'covered' regardless of wealth.
US Exit Tax Thresholds (2025 figures, indexed yearly)
TestThresholdNotes
Net Worth Test$2,000,000+Global assets, including pensions and property
Tax Liability Test$206,000+5-year average net income tax liability
Compliance TestN/AMust certify 5 years of full tax compliance
Exclusion Amount$890,000Amount of gain excluded from tax if 'covered'

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