I am living, for now, in exile from my land of birth. In a new article at iexpats.com, George Prior explains my situation, “FATCA Critic Fears Arrest by US Authorities“. When George Prior contacted me, I had no idea he would write an article about me nor that he would focus on my fear of returning to the United States. This article appears on Election Day=Revenge Day.
While campaigning, Obama said to a crowd booing Romney, “Get revenge. Vote.” Well, US expats who have suffered the indignities of being treated like criminals without probable clause through the requirement of revealing private information, threats of imprisonment and excessive fines, can get revenge. Some expats who joined the OVDI program have received extortionate penalties designed for homelanders who put money in Swiss bank accounts to hide it from the IRS and avoid paying taxes. I have Canadian accounts to be sure. But I live here in Canada and I pay more taxes than the majority of homelanders—Homelanders have never even heard of GST/HST. I pay my fair share.
I can’t vote as I was forced to give up my US citizenship and my right ever to return and to live again in my country of Birth. I and many others here have suffered at the hands of President Barack Hussein Obama. He has allowed the IRS to hound expats, one could even say that he has sicked his dog on expats. Who is to blame: Republican George ‘Dubya’ Bush for signing 2008 HEROES Act which instituted an exit tax for those who would relinquish their citizenship. A democratically controlled Congress pass the legislation and Barack Obama voted for it. The same democrats in Congress passed the 2010 HIRE act, and President Obama signed it; HIRE included the FATCA legislation which tries to force our banks to rat on US expats, even when we are dual citizens of our countries of residence. Yes, Democrats are to blame. But then the lamentable Reed Amendment, which bans those who expatriate for tax purposes, was passed by a Republican Congress and signed by a Democrat President Bill Clinton. We are hounded by dogs of both breeds.
Thus, I urge people to vote against Obama–while not endorsing Romney. I can’t vote. I’ve already lost my citizenship and fear returning to the United States. This is Obama’s America: persecuting and torturing United States citizens living abroad. Yes, I consider forcing an expat to give up the right to return to his or her native land a form of torture:
Exile is torture, and torture is universally condemned around the world. The Ex-Patriot Act would permanently separate persons from their heritage and their families — children from parents, brothers from sisters, nieces and nephews from beloved aunts and uncles. It tears people away from communities and friends. Exile would destroy their lives. It is psychological warfare, condemning people to years of regret, bitterness, and rage.
The above words, I wrote about the torture of being banned as a result of the Ex-Patriot Act. But my fear of arrest at the border for spurning the FBAR filing requirement also results in exile and torture.
Please, there is a way to avenge me and thousands of other expats in my situation. Vote for Obama, NOT.
PS: I will likely e-mail this to members of my family.
*My name also appeared in the last federal register, I am not a covered expatriate.
The IRS likely assumed I renounced for tax purposes, and now subject to the Reed Amendment. This is laugable, for three of five the tax years I submitted my income was less than the filing requirements.
Another reason for not visiting the US is increased use of administrative detention authorized by Homeland Security and NDAA 2012
*Patricia, I was curious about this, so I did a little googling and came up with this:
So, I guess that such means that you have indeed been included in “covered expatriate” club. Why don’t you call the Treasury and ask them where all these millions are that you are supposed to have, so that you can cash it out and then indeed be a millionaire as defined? I mean, if you are supposed to be a millionaire, then the Treasury should make you one!
*@swisspinoy
I never submitted form 8854 nor tax returns for 2012.
Another section of the law allow, allows rebuttable presumption of tax avoidance by the IRS, the burden of proof is with the renunciant.
Having exited the system, why should I engage in a long and potentially costly procedure.
@Swisspinoy, Mark Nestmann is wrong on that point. The Federal Registry is a haphazard list that is supposed to include all expatriates and those who relinquish their permanent residency (green cards). I am not a covered expatriate, having less than 2 million in assets and zero tax liability over the last five years, and also not covered because I did indeed file my exit Form 8854. Yet I am on the list.
*@Petros, I’ve always suspected that they will also blacklist anyone they don’t like, even if way below the 2 million threshold.
I’m with you on this, of course. I voted for Obama and pushed for a Democratic majority in 2008. We are paying the highest price for America’s follies. I would love to see the Democrats go down in flames now. However, it will be to little avail. We are done for and that’s just the way it is.
Like him, his party or not, Mitt Romney is the only presidential candidate to propose Territorial taxation. He will likely go down today and with it, that reasoned proposal. So be it.
*@Zulu, I hope you’re right that he’ll vie for territorial taxation but could just imagine him not following through. If anything, he will be even more of rah rah American and adopt a zero tolerance approach to foreign accounts, especially as he’ll want to be seen to be siding with the moral majority…he will want to distance himself from any of his past associations with possibly less than squeaky-clean investments abroad and will thus demonstrate his support in efforts against offshore evasion.
He is also probably more likely to start or cause a war with Iran.
But to be fair, I have decided to wait out the next four years to see how the tide’s heading. If by 2017 it’s obvious that things are not going to get any easier for expats abroad then I will renounce asap afterwards (assuming it’s still possible :/)
I don’t like either candidate.
I’m with Monalisa, I needed to hear from ANY candidate (including Gary Johnson) how they would address the issues effecting USP’s abroad. Without that, I could have inadvertantly voted for a candidate who may actually make things worse for us!
For the record, Romney is in favor of residential-based taxation of Corporations (legal persons). This will hopefully lead to a similar tax treatment of natural persons.
*@Petros, I remember hearing that but am rather cynical, I must say.
I am more and more resigned to giving up my citizenship. My husband says, “On the day after you’ve done it, what has changed really?” And he is sort of right, I will still be living outside the US with no plans to ever repatriate, but it’s easy for him to say b/c no one is forcing him to possibly never see his native land again.
And that’s how I feel – forced. It’s not a free choice when you have no choice but to relinquish or wait around for the inevitable day when a small mistake on a reporting form becomes an excuse for the USG to begin legally persecuting you.
I think it may have already begun b/c this year I have yet to receive confirmation from the IRS that they have accepted my return. Why they wouldn’t have sent it by now I don’t know. I am primarily a homemaker with a tiny part time job that if I were living in the US, I don’t come close to the threshold for actually having to file at all. I’ve filed the entire time I have been outside the country.
I went to their site and requested a copy of my return for this year, so who knows, but I am uneasy. I’ve written online and posted on social media about the persecution of ex-pats and about our right to be allowed to emigrate like anyone else in the world. Maybe I am on a list somewhere.
This election today makes me sad. I am not voting. There is no one to vote for but voting is a sign that I feel I am an American first and Canadian second and that’s simply not true even though I am still technically waiting for my summons to take my Canadian citizenship test. Once I have my papers and passport, the next stop is the US consulate. I can’t reconcile two citizenships and honestly, I don’t believe the US wants me too. The rules are designed to force me “home” or to renounce.
A Romney win today might buy us a bit of time as he transitions. An Obama win, which is more than likely if you believe Nate Silver, is a final nail in the coffin. Either way, I think the days of being ex-pat and even dual are numbered. Sad.
@Petros…
So, I drove by the drop box in Bellingham yesterday and voted. Given the campaign and the direction of America, I could not reward the duopoly, so voted for Gary Johnson. In Washington State, you could say an individual vote doesn’t matter, as the State will almost certainly go for Obama. The electoral college means Obama gets the votes here.
Setting that aside, Let me comment on the “The Drudgery of the Numbers” as it relates to all the polls and political punditry. Who is better at forecasting this election, the statistical analyst, or the pundits?
For me, that is more fun to follow then the actual horse race.
This from CNET (not your usual political column)
Can Nate Silver (and friends) nail their presidential predictions?
I notice that in the aggregators columns shown there, RealClearPolitics, is the one I have been following the most.
btw, in the non statistical analysis arena, punters, Intrade really jumped this morning in Obama’s direction.
If you don’t have a horse in this race and don’t particularly care one way or the other, I guess it is still interesting to see who is most right.
Pundits or Statistical Analysts.
Looking at the race, and deciding whose narrative to buy, the decision comes down to this: Do you chose a ‘Stock picker adviser’ with a vested interest in the outcome for your 401K, or do you go with the Vanguard S&P 500 which >80% of stock pickers can not regularly beat?
We won’t have to wait too long to know.
@zuludogm and other poor shmucks like us.
The laws made during the last 4 years have been made retroactively. This also means now that your 2008 vote can be changed retroactively. Barack Hussein Obama has not been the president of our country during the last 4 years and whatever he did had no justification.
The fact that Romney supports territorial taxation for corporations is no guarantee that he’d do the same for individuals, imo. History tells us that few politicians are eager to die on that hill. Interestingly enough, corporations are people, but people are not corporations.
A vote for Gary Johnson is a bit more long-term. Try to hide for 4 more years, then work to keep Billary Clinton from going after the Global Elites in 2016.
@marktwain
A vote for Johnson is speculated to be a vote taken from Romney, which is a vote for the incumbent, who has already proven that he intends to continue our persecution.
*
Bubblebustin, Romney’s got it reversed. It’s the individual, the human, the voter who matters the most, not the corporation. It should be residency-based taxation for individuals first and then later territorial taxation for corporations. Territorial taxation for corporations might lead to residency-based taxation, in about 200 years. But, that’s not certain. I wrote to Romney asking why individuals are excluded from territorial taxation, and here is his response:
Both candidates have positives and negatives, but I’ve seen zero evidence that residency-taxation will be introduced any sooner than 200 years from now. In fact, with the size of the national debt, I’ll give it 500 years. So, voting for either is a good and bad decision and it’s great for everyone to vote for whoever is best, but I doubt that a vote for a member of the demorepublican dictatorship will promote democracy.
More on Pundits…
My wife just came down the stairs, laptop in hand, with this video to give me a chuckle… Thought I would share it.
Democalypse 2012 – What Doesn’t Kill Us Makes Us Stronger Edition – Media Accountability
You guys are right. The territorial taxation offer only goes to corporations and it is unlikely to be extended to individuals. Both parties want control and power over citizens and there is no reason to let that go. The Democrats want all of our savings and homes and the Republicans want us on the hook to use as a foil against high taxes (think of Charles Grassley; the senator who will be out of a job if AMT ever was really repealed – who would he fight then?).
But… I would like retaliation against the Democrats and territorial taxation for corporations is a start.
Your’s truly,
Zuludogm, Inc.
@Petros
You are absolutely correct that the problems of US citizens abroad are the result of the Obama administration (but try getting anybody to believe it). Here is a comment to an earlier post where this point is made:
http://isaacbrocksociety.ca/2012/09/10/how-i-really-feel-about-citizenship-based-taxation/comment-page-2/#comment-53957
renounceuscitizenshipSeptember 10, 2012 at 10:07 pm
@Calgary
Simple, you care about the U.S., it’s just that you can no longer be a citizen. If asked, your vote on November 6 was because, as a good citizen, you wanted to make your contribution to the well being of the country as your final act of citizenship.
@Shadow
FATCA was part of the Hire Act that was signed into law by Obama – by Obama. FATCA was a “Trojan Horse” provision – meaning Congress didn’t even know what they were signing. You know, another Pelosi style “We should pass the bill so that people can see what’s in it” kind of thing.
The origins of FATCA are clearly indicated in the following post which features Obama laying out the philosophical justification for FATCA.
http://isaacbrocksociety.ca/2012/07/15/fatca-fbar-ovdi-ex-patriot-act-fatca-form-8938-where-it-came-from-how-it-came-about-what-it-means-for-u-s-citizens-abroad/
Sure I agree that Congress is a problem too. But, the most immediate problem is the application and administration of citizenship-based taxation. The application and administration, is under the direct control, of the Executive branch of government – specially the Obama administration. Question: most Brockers have lived outside of the U.S. for many years? When did your problems begin? Under what administration?
The FBAR rules very specifically allow the secretary of the Treasury – Mr. Geithner (isn’t that the guy who didn’t pay his taxes?) to exempt specific groups – including US citizens abroad from FBAR. He has not. In addition, the question has been specifically considered (there is a reference in the Federal Register which I can no longer find) to this. The primary problems of US citizens abroad lie in the the administration of of the existing laws (none of this started until the Obama presidency). So, I see this as the result of the Obama administration. Some point out that Mr. Shulman was appointed by President Bush. True enough. But, I remind you that the IRS is under the direct supervision of the Treasury. The problems of U.S. citizens abroad, are the result of an understanding, that it was a priority of the Obama administration,to go after tax evaders (UBS, etc.). U.S. citizens abroad were swept into this (OVDI, etc.) and the FATCA problem. I remind you also that when Obama was in the Senate he, along with our friend, Carl Levin was very supportive of (I believe he co-sponsored Levin’s “Stop Tax Haven Abuse Act” – but I am not 100% certain of this) legislation to go after tax evasion related to offshore accounts.
So, people keep saying:
– it’s all about Congress. Yes, to a point. But, it’s mainly about the administration.
– the Republicans are just as bad. Whether they are or not, it is the Obama administration that has inflicted this on U.S. citizens abroad.
– Romney would not be better. We don’t know that.
There is only one thing that is crystal clear here. The main problem is with the administration of these laws and the Obama administration bears the primary responsibility for this. I suspect that Obama himself may not know much about this particular issue. But, he is the chief executive and therefore is responsible.
One of the best political speeches I have ever seen was Al Gore’s speech at (I think) the Democratic convention in 2002. The theme was (referring to the Bush administration):
“It’s time for them to go.”
Seems like a good idea in relation to the Obama administration.
Regardless who’s elected, Geithner is leaving. We might have better luck with the new secretary.
Now wouldn’t that be a laugh if Geithner went to Blackrock and Fink became Treasury Secretary? Blackrock has been an out spoken critic of F.A.T.C.A. so I couldn’t imagine Fink working to finish building the very tax reporting structure that he has said will throw the financial industry back into the dark ages by restricing financial institutions to serving only their country’s nationals.
In the end though it is going to take a change in the culture of Congress and the Executive if anything is to get done that will derail this Congressional act of legislative maleficence.
Here’s another article on who’s going to take over the treasury.
I respectfully diagree with the point from Mr. Renounce citizenship, while not disagreeing with the overall gist of it.
.FATCA was not flippantly cast in. These bills of late require funding. They cannot get real funding, so they intentionally, willfully, deliberately seek funding sources to match the spending on the other side. FATCA had gone through committees and could only have been the answer they were looking for. It had been researched and recommended.
Taxes can’t be raised, revenue must be taken from other sources. All that is left to do is to legally change one’s name to “Revenue”Obama
We can only pray at bedtimne tonight “now I lay me down to sleep, I pray the Lord this president (the bleep)–will after this sleep and after we wake, will have been told a hike to take”
*Republicans are probably correct with this statement:
Most Americans in Switzerland probably voted for Obama.