Video Briefing

Nomad Capitalist: Risks of Getting a US Passport (Should Prince Harry do it?)

Mar 1, 2024Video Briefing10:52Watch on YouTube

Prince Harry has said he has thought about becoming a U.S. citizen, prompting a look at what that would actually entail—particularly regarding his royal titles, visa status, and tax obligations.

Royal titles

  • U.S. naturalisation requires taking an oath of allegiance that conflicts with holding foreign titles.
  • If Harry were to become a U.S. citizen, he would be expected to relinquish the styles “Duke of Sussex” and “Prince.”

Current U.S. immigration status

  • Harry is married to Meghan Markle, a U.S. citizen, which makes him eligible for a marriage‑based green card.
  • The exact visa he holds has not been disclosed, but possibilities include:
    • Marriage‑based green card – grants permanent residency and subjects the holder to U.S. tax rules.
    • Non‑immigrant visa (e.g., E‑2 investor) – does not automatically create tax residency unless the holder meets the substantial‑presence test.
    • No formal status – he could be in the country on a visitor or other temporary visa, but this would limit his ability to work or stay long‑term.

U.S. tax residency rules

U.S. tax liability is based on “U.S. person” status, which can arise in several ways:

Path to U.S. person status Tax consequences
U.S. citizenship Taxed on worldwide income; must file annual returns and report foreign assets (FBAR, FATCA).
Green card (lawful permanent resident) Same tax obligations as citizens; subject to exit tax if the green card is relinquished after eight years of continuous residence.
Substantial Presence Test If an individual spends ≥ 183 days in the U.S. over a three‑year period (with a weighted formula), they are treated as a resident for tax purposes.
Self‑declaration Not recognized for tax purposes; the IRS does not accept a mere statement of intent.

Because Harry lives in California, he is already subject to both federal and California state taxes. The California Franchise Tax Board is known for aggressive enforcement, meaning his tax exposure would not disappear even if he changed his immigration status.

Green‑card considerations

  • A marriage‑based green card would automatically make Harry a U.S. tax resident.
  • After eight years of continuous residence, a green‑card holder is treated like a citizen for exit‑tax purposes, potentially triggering a “mark‑to‑market” tax on worldwide assets if the card is surrendered.
  • Relinquishing a green card before the eight‑year mark can reduce exposure to the exit tax, but the individual remains a U.S. tax resident while the card is held.

Joint‑account reporting

  • If Harry and Meghan hold joint bank accounts in the U.K. (or elsewhere) and either spouse is a U.S. person, the accounts must be reported on the FBAR (FinCEN Form 114) and possibly on Form 8938 (FATCA).
  • Such reporting can expose the finances of the royal household to U.S. tax authorities, increasing scrutiny.

Comparative examples

  • Boris Johnson: Born in New York, he held U.S. citizenship by birth. After moving back to the U.K., he renounced his U.S. citizenship to avoid ongoing tax filing obligations.
  • Eduardo Saverin: The Facebook co‑founder, a Brazilian national, gave up his U.S. permanent residency before Facebook’s IPO, yet still faced substantial U.S. tax liabilities on his holdings.

These cases illustrate that renouncing U.S. status can be costly and does not automatically eliminate tax exposure, especially when significant assets are involved.

Bottom line

  • Titles: Naturalisation would require Harry to give up his royal titles.
  • Taxes: He is already subject to U.S. federal and California taxes; becoming a citizen or green‑card holder would not materially increase his tax bill but would formalise his worldwide tax reporting obligations.
  • Visa: He likely holds a marriage‑based green card or another residency permit; the exact status determines whether he must file as a U.S. person now or only after meeting the substantial‑presence test.
  • Financial reporting: Joint accounts with a U.S. person trigger mandatory FBAR/FATCA disclosures, potentially drawing attention to royal finances.

In short, while U.S. citizenship would sever Harry’s formal ties to the British monarchy, the primary practical impact would be continued (or formalised) U.S. tax compliance rather than a dramatic change in his tax burden.