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Lev
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 28084
Experience:  Taxes, Immigration, Labor Relations
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I am planning a 3 week trip to the Netherlands in march. The

Customer Question

Hi. I am planning a 3 week trip to the Netherlands in march. The irs claims I owe about 7000 in taxes. I have just filled out my passport application. Is it safe to apply or can I be denied?
Submitted: 1 year ago.
Category: Tax
Expert:  Lev replied 1 year ago.

Your US passport may NOT be denied just because you did not file tax returns.
Current law ONLY allows to deny the passport to whose who owe child support - see here -
http://www.acf.hhs.gov/programs/css/resource/overview-of-the-passport-denial-program
There is NO such law to deny the US passport based on the tax debt.
Only if the person under criminal investigation - denial is possible.
The rules regarding the denial of US passports see here -
http://cfr.vlex.com/vid/51-60-form-remittance-19721120
As we see - you cannot be denied a passport merely because you have tax debt. However, you can be denied a passport if your tax matters have escalated by the IRS.
The State Department may refuse to issue a passport if you are subject to a subpoena and the IRS has commenced court or grand jury proceedings against you;
the IRS has filed criminal felony charges against you;
there is an outstanding federal arrest warrant issued against you for the commission of a tax-related felony;
you are on parole or out on bond;
To be honest - the legislation was introduced to revoke the passports of US citizens with “seriously delinquent tax debts” - above $50k.
See for instance here
https://www.congress.gov/bill/112th-congress/senate-bill/1813
But this and Similar proposals failed to become a law.