12 January 2022
UPDATE February 13, 2016
I have finally decided on a new name for this post, which will not continue on this thread but as a new post:
I have not been updating this post as regularly as I intended. I have two items for you to think about today. One is a comment from a psychologist; I think it is extremely important to hear from a professional, as to how this entire situation can affect the well-being of one caught up in it. The comment was made in the context of the 2 meetings that were organized to offer people a chance to talk openly without any fear of being exposed; June 15, 2013 & March 29, 2014 (which Dr. Young was scheduled for but missed due to illness). The second item is an actual obituary for “J” for whom you will now see his actual name. I have been reluctant to post it but it has to come out eventually. I would expect ALL to respect the privacy of his family in Sweden.
One last thing for today. Many have commented as to how they cannot understand (or even don’t believe this story because of this) how a father could do such a thing with two young children. I suspect those who outright disbelieve it do not actually have children. Any honest parent will admit to the difficulty of the constant sacrifice required and how sometimes it simply is too much. Parents are not saints and they suffer the same myriad of issues as anyone else. And it is common knowledge in the counselling world that people who commit suicide feel extreme guilt at being the source of a problem, so the solution, in order to protect, is to take themselves out of the equation. No one would question a parent putting themself in front of a car to protect a child (even one who wasn’t their own). On a certain level, it is exactly the same thing. Life is not neat and tidy and clear sometimes.
All of the emphases are mine:
In the words of Dr. Donald Young
For those U.S citizens who have elected to live abroad, be it in Canada or elsewhere, American tax policy can place such individuals in a position that engenders constant and severe emotional stress. The vindictiveness of the U.S. position, its unfairness and irrationality, the fact that neither the U.S. government nor tax and legal experts even know the rules and how to rationally proceed, and the constant threat of economic calamity are all factors that can be emotionally devastating. From my observations over the years in people ensnared in this situation, and I would count myself among us, it is common to experience substantial anxiety, depression, feelings of panic and foreboding, guilt over being branded a cheat and a criminal, fear, anger, resentment, and general feelings of helplessness and confusion. I have in fact seen some people who have become virtually suicidal at the prospect of losing everything for the “crime” of not paying taxes to a country they have not lived in for decades if ever at all. I am a clinical psychologist licensed to practice in Ontario with 35 years of experience. I have also been appointed an assistant professor in the Department of Psychiatry at the University of Toronto. In recent years I have had the opportunity to discuss and address these problems with many individuals who are trapped in these tragic circumstances
Along with John I am happy to make myself available in any of the forums or meetings that will be forthcoming. There is always strength in numbers and sometimes much can be gained by discussing common problems together in a group. I am also happy to chat or work with people individually with these concerns.
This is a link to the obituary . I am trying to post an actual picture but it is not coming out clearly enough to read. Will work on this.
UPDATE February 9, 2016
There has been some confusion about authorship of the letter/comment below. J did not say he (himself) wrote it and J’s father presented it as being from him. The comment on the site is anonymous. Clearly J sent it to his father and identified with it. For that reason, I am leaving it up as there is no way I can determine for certain that he did not write it.
UPDATE February 8, 2016
I have not decided what is the best way to pass on more information about J’s situation and am afraid adding it to the bottom of this post means you will be less likely to see it. So for now, I will simply add it to the top and bring it to your attention by the “Update” heading. I am not adding anything without talking to J’s Dad first.
I want to pass on now, some things about J himself, what he did and so on, so you can see what kind of person he was. I know a few facts, such as he was born in February, 1969 in California, he went to university at Cal Poly and went to Sweden to do his Ph.D (roughly, around 1990 – 1991). He passed away on June 10, 2015.
J worked at the Karolinska Institutet, at the Centre for Genomics and Bioinformatics in Stockholm, Sweden. Founded in 1810, it is one of the most prestigious medical universities in the world. J’s fields were Genetics & Genealogy, Neuroscience, Psychiatry & Psychology and some of his later articles refer to Alzheimer’s. He published at least 64 major articles, collaborated with 212 co-authors from 1994-2010, and was cited by 3857 authors. I am not an academic but for someone to publish 64 pieces by the time he was 41 (already having two children) suggests to me this was a highly motivated person who was more than competent and clearly engaged and focused.
Here is a letter that J’s Dad provided which J had sent him.
I have a dream, an American dream.
I live in Sweden, which is hardly a tax haven. I am a citizen of that country as well as a US citizen. I have lived outside of the US for close to 25 years and thought I led a normal law abiding life. Unfortunately, the overzealous and poorly thought out attempts to catch US resident tax evaders have cast me and other overseas residents as criminals.
I am one of the few overseas residents who actually knew that I had to file taxes and did so. Last year, I needed to amend my US taxes due to a reporting error made by my overseas employer and I learned that as I had failed to file a form reporting my overseas bank accounts (the FBAR), the only option I had was to enter a so-called amnesty program, in which I have been told for this omission, I need to pay the US government 25% of my life savings, retirement plans, house, and car, all of which have been earned by legitimate employment overseas.
The “bank accounts” that I must report to the US government include life insurance policies, telephone prepaid cards, my customer card at the supermarket and my lunch card at work. The latter three must be reported, along with their highest balance (try to calculate that on a supermarket rebate card) all because they fit the definition of a debit card. All of this under threat of a penalty of USD 10,000 per account if I make a mistake in reporting. I think the most my lunch card has ever had on it was USD 60.
To add insult to the injury I described above, during 2011, FATCA began to be implemented in Sweden and my Swedish bank informed me that I would no longer be allowed to have any investment accounts because of my American citizenship.
FATCA also requires that for my 2011 taxes, I will need to file another form that repeats a lot of the information on the FBAR form and will cost me at least another three hours of accountant time. The much loved number of USD 10,000 in penalties is again threatened if I make a mistake on this form.
American information reporting requirements have become so demanding that I have made all kinds of new friends in my Swedish bank and tax authority. I get to challenge them to provide documentation that makes no sense in Sweden, but helps me to meet the US requirements. Without these wonderful FATCA requirements, I might have just led an unobtrusive life and like most other residents here, had very little to do with these people. Now I stick out like a sore thumb. FATCA has afforded me with the opportunity to prove to Swedes that Americans are different, demanding and difficult.
I have spent less than a year in the US in the last 25 years. Where you spend your childhood stays with you and I have a strong emotional tie to the US. So even though indications are that it would be in my best interest to renounce my citizenship, I plod stubbornly along in the face of all the abuse and try to believe in the American “truth and justice” I was taught about as a child.
That is why I appreciate your article. It will help to make public the unfortunate consequences of the poorly conceived FATCA legislation. Maybe it will help me and other overseas US citizens to be able to return to leading a normal life. That is all I desire in my American dream.
(Written a year ago in response to an article in a local paper)
“(Written a year ago* in response to an article in a local paper)”
*this comment plus the following 2 facts suggest this letter was written sometime in the first half 2012. I have not been able to locate the article it refers to. The date on the Word file is 20 October 2013-I cannot be sure who saved this Word File (i.e., J or his Dad) but given his comments about the 2011 taxes and form 8938, I believe this letter was written in the first half 2012, prior to the June 30 deadline for the filing of taxes.
(It is very clear J is aware of the 2011 OVDI program.)
Obviously, he did not suffer from a major psychiatric illness such as schizophrenia, dissociative personality disorder or any psychopathic or sociopathic diseases. There is nothing to suggest he suffers from bi-polar disorder. It can be noticed that he stopped publishing in 2010 and can be demonstrated that he knew of FATCA in 2011. If he suffered a major depressive issue, it might be possible to say it coincided with his awareness of FATCA, FBAR, etc. And I will relate freely that I have been diagnosed with major depressive disease, many years ago. And have been most fortunate to have received the appropriate medication to deal with it. I do not consider my diagnosis to be indicative of the stigma of “mental illness.” (i.e., it is not a psychological issue but a biological one.)
This next item is a letter J’s Dad wrote to Rep. Eshoo, 2 weeks before J passed away.
28th May 2015
Dear Ms. Eshoo,
This morning my son called me almost in tears in an anxiety of which I thought him incapable.
When I picked up the receiver I did not think it was him. I had to ask several times who it was.My son is a researcher at the Karolinska Institute, working in biochemistry and genetics.
He is hard working, utterly conscientious, and has published many, many papers in his field.
He has a beautiful family. His wife works for the Nobel Foundation. The Karolinska Institute
in Sweden is from whence Nobel prizes originate – I’m sure you know this.I was (am) deeply concerned. I listened carefully. I felt he sounded suicidal. As a dedicated researcher,
honest and thorough, he is used to delving into complex issues and writing his conclusions. So what
complex problem could possibly be driving a deeply thoughtful person into such a level of anxiety?My son was born into your constituency in the United States. After graduating from Cal Poly he
went to finish his PhD in brain chemistry in Sweden. He has worked hard (and successfully)
for twenty years to turn his small research salary into some savings. And that is the problem.Banks everywhere in the world now (including Russia) want nothing to do with a depositor
who is American. So what is one of the seven to ten million Americans working permanently or occasionally abroad supposed to do?My son a year ago started conscientiously reading all the US laws pertaining to “foreign” earnings.
These are very complicated documents. The more he read the more complex they seemed. He tried
(and is trying) his best to comply with all the requirements, Including finding a CPA in New York and
several in Sweden.My son has already paid every tax he owes – in Sweden they are, bar none, the highest in the world.
But here are these US requirements requiring him to declare all foreign earnings, pensions, savings,
passive investments, etc. and to pay a tax on top of what he has already paid to Sweden simply
because he was here at birth.Trying to figure out these requirements and to comply has driven him to desperation. He sees terrifying scenarios in which he is asking, for what? The US is the only country (besides Eritrea) demanding this.
There are seven to ten million honest Americans living abroad. FATCA is being used as a sledgehammer
(of IRS abuse?) to catch a fly or two – inconsequential financially – of those who abuse our system.Ms. Eshoo – Rescind FATCA! The blood will be upon your heads – congress and yours! if my son is driven
to suicide after a year of dealing with the consequences of this horrible, unjust, draconian, and miserably self-defeating law. Is it worth losing a just citizen just for this?As matters unfold he may not, I’m afraid, be the only one of millions.
Yours respectfully,
xxxx (J’s Dad)
This is the end of what I am adding for today. I am sure many of you will have something to say about all this………..
********
@AnnaEshoo A Father’s Anguish Over the Loss of his Son – Horrible Struggle due to #FBAR #FATCA https://t.co/LC1Frng6x5 PLEASE READ THIS
— Patricia Moon (@nobledreamer16) February 8, 2016
*****
This concerns absolutely the worst news I have ever come across in the 4+ years I have been immersed in this situation. I am not going to even try and address anything beyond this simple explanation so you have some context.
A couple of days ago, a comment that somehow was never seen/approved became visible on the renounceuscitizenship wordpress blog. The comment consisted of two letters. Given the fact this was written last July as well as the serious nature of what it concerns, it was decided to keep it in pending until we had made contact with the author, to make sure he still intended for it to remain public. I have spoken with him and he does want it to be seen. However, nobody is likely to see the comment on that particular post since it is 7 months old. So the two letters are being posted here now. Ms. Eshoo, to whom the letters are addressed, is the Congresswoman (D) from the 18th Congressional District of California. She also spent 20 years (1993-2013) as the Congresswoman for the 14th District. She voted “Aye” for the H.I.R.E. Act. There has been no response from Ms. Eshoo.
One thought on “Statement from @AARO (unlike @DEMSabroad) supports Bopp #FATCA lawsuit”
July 21, 2015 at 11:28 pm
25th June 2015
Ms. Eshoo
When you and your fellow co-conspirators in congress voted on FATCA you murdered my son
This beautiful person who wanted to live out his dream in peace in another land was destroyed by you.
You and your fellow co-conspirators, with your unattainable requirements,
boxed him into a mental dilemma from which he could not escape.
As a just person he found your injustice in FATCA incomprehensible.
After a year of intensely trying to figure out what to do
he committed suicide.
There are families in grief in your constituency.
There are families in mourning on both sides of the Atlantic.
You have destroyed a decent person worth a thousand Obamas.
You have ruined the happiness of dozens of friends and family members
through your cruelty revealed within this monstrous law.
You have utterly destroyed our faith in government with the
incomprehensibility, inhumanity and malice of this law.
Your only hope of atonement?
Repeal FATCA NOW
Sincerely in grief,
xxxxxx
*****
14th July 2015
Dear Ms. Eshoo,
Re: Death of J., a citizen of Sweden
Thus is clearly an over-reach by an agency of the US government of the grossest magnitude. FATCA affects eight-and-a-half million Americans occupying themselves honorably abroad. This is IRS abuse on a scale far vaster than the diminutive insults inflicted by Lois Lerner’s 501(c)(3) scandal. FATCA is an act of IRS persecution, with a far greater ill effect on American lives than Lois Lerner’s pinpricks. It cannot be dismissed in a form letter.
I have filed the cause of his death as: “Persecution by an Agency of the Government of the United States.”
It is clear that the United States is in full violation of its Principles on U.S. foreign policy and most Articles of the Declaration of Human Rights. (For reference you may see both Principles and Articles appended below.)
FATCA, signed into law by Mr. Obama on the 18th of March 2010, can be shown to violate these Principles and Articles with the uttermost disregard possible.
Here is a preamble to this law:
“The Foreign Account Tax Compliance Act (FATCA) is a United States federal law requiring United States persons (including those living outside the U.S.) to have yearly reported themselves and their non-U.S. financial accounts to the Financial Crimes Enforcement Network (FINCEN), and requires all non-US (Foreign) Financial Institutions (FFI’s) to search their records for suspected US persons for reporting their assets and identities to the US Treasury. Congress enacted FATCA to make it more difficult for (resident and non-resident) U.S. persons to have financial assets which are not located in the United States, by adding further asset-reporting law with consequences, and thus to enable further federal tax revenues and penalties from a wider global population of newly discovered US persons and their partners, at the expense of non-US banks.”
Just looking at Articles 1, 2 and 3 of the Universal Declaration of Human Rights, one already sees that the IRS is over-reaching by its criminalization of every American living abroad, and in making them report to the “Financial Crimes Enforcement Network”, as if it’s already proven that every American living abroad is abroad with criminal intent.
In Article 1 “All human beings are born free and equal in dignity and rights” is clearly not true when FINCEN
Is searching “the… records of suspected US persons for reporting their assets and identities” – is it enough to be suspected that allows the IRS to take way a person’s dignity and rights? And what right does the IRS have to do this to anyone anywhere outside the US, let alone to a Swedish citizen?
In Article 2 “Everyone is entitled to all the rights and freedoms set forth in this Declaration” with “no distinction … on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs.” So the rights and freedoms are universal but the IRS is allowed to go far beyond its domestic charter in going after anyone anywhere, even against the laws of another country?
In Article 3 is the most fundamental of all “Everyone has the right to life, liberty and security of person.” Clearly the authors of FATCA thought the rights of anyone irrelevant to the needs of the US government.
One may look at Articles 4, 5 and 6 of the Universal Declaration of Human Rights and one sees that
(i) “No-one shall be held in slavery or servitude”, (ii) “No one shall be subjected to torture, or to cruel, nhuman or degrading treatment or punishment”, and (iii) “Everyone has the right to recognition everywhere as a person before the law”. Except, of course, when it’s a US law which utterly disregards the laws of every other country in the world, including Sweden. And except when that slavery is due to an agency of the US government, namely the IRS, which is trying desperately to keep Americans abroad in servitude, and except where that torture is the daily threat to appropriate a part or all of every asset a person has acquired abroad by honest labor, and which has already been taxed at the highest rate in the world, as in Sweden.
That is just touching the surface of the malfeasance of this run-amok agency of the US government. The true magnitude of what FATCA has perpetrated and achieved is utterly appalling. No other country in the world has ever persecuted its citizens like this for migrating abroad. EVER.
To look a little further into this “Reign of Terror” of a US agency, one may see its truly malign influence on individuals, commerce and foreign relations. Everyone knows that no bank abroad wants anything to do with an individual born in America or bearing an American passport: this makes travel and commerce impossible.
But that is beside the point: it’s the US law and must prevail globally. That FATCA has poisoned international relations, has made the US a demi-pariah, and is even being copied by neo-soviet states like Russia, is beside the point: it’s the US law and must prevail globally. This is clearly nonsense, but it is the law, indiscriminate and vicious.
It is particularly where FATCA preys on individuals that the damage to human rights is most gross. In my son’s case it was first, the closing down of his Swedish bank account. It was then his realization that the government of the United States was after a complete accounting of every asset he had earned in Sweden with hard, honest labor over a period of twenty years. As a Swedish citizen, he had already been taxed at the highest rate in the world bar none. This sense of persecution and injustice by an alien agent was continuously and overwhelmingly felt by him.
From Article 3 of the Universal Declaration of Human Rights “Everyone has the right to life, liberty and security of person” (in the Declaration of Independence “ … the pursuit of happiness”), J. experienced the “loss of happiness” as a result of losing his bank account, and gradually, as he realized the full magnitude of the requirements of FATCA, in the torture of its implications. J. lost his liberty when finding out, just before his death, that his communications with his bank (and only those communications) had been compromised. He knew then that he had no liberty, as guaranteed by Article 3, at all.
Hemmed in by the egregious requirements of an incomprehensible and unjust alien law, J. saw his life as being made increasingly worthless. He was isolated within Sweden, among Swedish friends, as a pariah. His protection under the laws of Sweden, where he was a deeply law-abiding citizen, he witnessed evaporating. Anguished by the dilemmas of FATCA – he would not pay an unjust tax for owning property in Sweden nor would he pay the tax for giving up his U.S. citizenship – why should he? – he went out and hanged himself. His daughter went outside and found him hanging by his neck in the morning.
So J. lost his happiness, he lost his liberty (and “security of person”) and thrust into isolation utterly by a country he loved (but, in keeping his passport, he wished to return to one day) he went out and killed himself. In a mockery by FATCA’s blind injustice this proved to invert “Life, Liberty and the Pursuit of Happiness” into the opposite, completely miss-stating the order of these words in the Declaration of Independence.
Article 30 of the Universal Declaration of Human Rights says: “Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.” The “State” to which this refers is the United States; the “activity” or “act” being performed to which this refers is the activity of FATCA; the “destruction” to which this refers is the deliberate destruction by an agency of the US government of all of J’s rights and freedoms as set forth above.
I have therefore listed, as I must in honesty, the cause of J’s death as “Persecution by an Agency of the Government of the United States”. More simply “Persecution by the government” of which you are a part.
I believe the United States under Mr. Obama is wholly and uniquely responsible for this most diabolical law.
FATCA violates fully half of the articles of the Universal Declaration of Human Rights. Therefore FATCA will be,
as it must be, abolished by the United States, else the Universal Declaration of Human Rights means nothing.
FATCA is also totally against the Principles appended below, that “Promoting freedom and democracy and protecting human rights around the world are central to U.S. foreign policy”. My son’s human rights, as a decent, honorable citizen of Sweden, were stripped from him mercilessly by FATCA, making a mockery of
these Principles.
Which part of the Universal Declaration of Human Rights that do you do not understand, Ms. Eshoo? That somehow being enthralled by Mr. Obama’s oratory, in a congress filled with Democrats, you could go ahead and pass any law Mr. Obama wanted, Human Rights be damned? This congress, known as “The Brutal One-Eleventh” for the laws you whipped through, undertook the passage of these laws in utter disregard for the rights of American citizens at home or anywhere.
J. leaves behind a Swedish wife and two beautiful Swedish children. It leaves behind individuals all over the United States and Europe grieving for a beautiful person essentially murdered by an act ill-considered by congress and signed into law by a feckless Obama. The stigma of FATCA is one which you and your fellow Democrats – Pelosi, Reid and Obama – will bear forever.
Millions of people around the globe are regretting that Mr. Obama ever came into office. The world burns while feckless Obama dithers. I am regretting this monster infinitely more than anyone with the loss of my son.
Sincerely, and in immense grief,
xxxxxxx, father to J
APPENDICES
A. Principles. Under the US Bureau of Democracy, Human Rights, and Labor it says the following:
“Promoting freedom and democracy and protecting human rights around the world are central to U.S. foreign policy. The values captured in the Universal Declaration of Human Rights and in other global and regional commitments are consistent with the values upon which the United States was founded centuries ago. The United States supports those persons who long to live in freedom and under democratic governments that protect universally accepted human rights. The United States uses a wide range of tools to advance a freedom agenda, including bilateral diplomacy, multilateral engagement, foreign assistance, reporting and public outreach, and economic sanctions. The United States is committed to working with democratic partners, international and regional organizations, non-governmental organizations, and engaged citizens to support those seeking freedom.”
B. Articles. PREAMBLE TO THE UNIVERSAL DECLARATION OF HUMAN RIGHTS
“Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,
Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people,
Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law,
Whereas it is essential to promote the development of friendly relations between nations,
Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom,
Whereas Member States have pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms,
Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge,
Now, Therefore THE GENERAL ASSEMBLY proclaims THIS UNIVERSAL DECLARATION OF HUMAN RIGHTS as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.”
Article 1.
• All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.
Article 2.
• Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.
Article 3.
• Everyone has the right to life, liberty and security of person.
Article 4.
• No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.
Article 5.
• No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
Article 6.
• Everyone has the right to recognition everywhere as a person before the law.
Article 7.
• All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
Article 8.
• Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.
Article 9.
• No one shall be subjected to arbitrary arrest, detention or exile.
Article 10.
• Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.
Article 11.
• (1) Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.
• (2) No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.
Article 12.
• No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.
Article 13.
• (1) Everyone has the right to freedom of movement and residence within the borders of each state.
• (2) Everyone has the right to leave any country, including his own, and to return to his country.
Article 14.
• (1) Everyone has the right to seek and to enjoy in other countries asylum from persecution.
• (2) This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.
Article 15.
• (1) Everyone has the right to a nationality.
• (2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.
Article 16.
• (1) Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.
• (2) Marriage shall be entered into only with the free and full consent of the intending spouses.
• (3) The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.
Article 17.
• (1) Everyone has the right to own property alone as well as in association with others.
• (2) No one shall be arbitrarily deprived of his property.
Article 18.
• Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.
Article 19.
• Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.
Article 20.
• (1) Everyone has the right to freedom of peaceful assembly and association.
• (2) No one may be compelled to belong to an association.
Article 21.
• (1) Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.
• (2) Everyone has the right of equal access to public service in his country.
• (3) The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.
Article 22.
• Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.
Article 23.
• (1) Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.
• (2) Everyone, without any discrimination, has the right to equal pay for equal work.
• (3) Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.
• (4) Everyone has the right to form and to join trade unions for the protection of his interests.
Article 24.
• Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.
Article 25.
• (1) Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
• (2) Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.
Article 26.
• (1) Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.
• (2) Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.
• (3) Parents have a prior right to choose the kind of education that shall be given to their children.
Article 27.
• (1) Everyone has the right to freely to participate in the cultural life of the community,
to enjoy the arts and to share in scientific advancement and its benefits.
• (2) Everyone has the right to the protection of the moral and material interests resulting from any
scientific, literary or artistic production of which he is the author.
Article 28.
Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.
Article 29.
• (1) Everyone has duties to the community in which alone the free and full development of his personality is possible.
• (2) In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.
• (3) These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.
Article 30.
• Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.
This thread continues on a new post:
A #FATCA Related Suicide
If clicking on a link brings you to the wrong place in the comment stream, click on this link. (It may bring you to the page before the current one, but it’s closer.)
@US Foreign Person
The only way open for me to send money to the States is via international postal money order (IPMO) limited to around $300. per order at a cost of $20. per money order. I am told that these are on the way out.
The other option is via PayPal.
But as I have no way to receive funds from the States, except via IPMO, less expensive in the States but with similar limits and also on the way out, I do not see the utility of sending money to the States.
@Japan T
You’ve touched on something I’ve been reluctant to bring up about J. Again, not meaning to blame the victim and just exploring why someone might want to take his own life – but have you considered that should someone’s reputation be so heavily weighted on their intellect (as every indication J’s may have been) the humiliation of missing something so potentially life altering may be just too much to bear? Just as another person’s purpose in life may to provide for his/her family, failing to do so may cause them to want to commit suicide?
From the Tax-Expatriation blog:
…”Literally, sometimes as a tax lawyer I feel more like a psychologist, when these individuals come to me saying they can’t sleep, they can’t eat, they are seeing a cardiologist for high blood pressure, etc. and even in a most extreme case they thought suicide was a solution.”…
…”Here is the big disconnect. It’s not just among the ill-informed or those lesser educated on the fine points of law. I had the pleasure this week along with my wife to host two educated, worldly and engaging individuals who have been married some 20 years together. They are well read and highly educated. Both are lawyers by training, one practices law that often pushes him fairly deeply into the tax law and his wife is a wonderful and experienced judge in the California state courts.
I asked them (as I like to ask people around the world) if they had ever heard or understood that the U.S. federal tax law imposes taxation and very detailed reporting on the worldwide income and assets of U.S. citizens who reside outside the U.S. I discussed I asked them (as I like to ask people around the world) if they had ever heard or understood that the U.S. federal tax law imposes taxation and very detailed reporting on the worldwide income and assets of U.S. citizens who reside outside the U.S. I discussed Cook v. Tait and the U.S. Civil War a bit.
All of it was a great surprise to them! They were in utter shock and both are residents in the U.S., highly educated in the law and are like the vast majority of the world, including U.S. citizens who reside outside the U.S.
This is the common response for many U.S. citizens residing overseas.”
http://tax-expatriation.com/2015/11/02/why-most-u-s-citizens-residing-overseas-havent-a-clue-about-the-labyrinth-of-u-s-taxation-and-bank-and-financial-reporting-of-worldwide-income-and-assets/
Perhaps for J, his “raison d’être” was strongly related to his self-esteem in what he had accumulated in his head over a lifetime – only to find out he was disconnected from reality. And wrong, very wrong.
“The only way open for me to send money to the States is via international postal money order (IPMO) limited to around $300. per order at a cost of $20. per money order. I am told that these are on the way out.”
There used to be a discounted fee for money orders to the US, only to the US. The fee started at 500 yen, which was around US$5. That discounted procedure disappeared several years ago.
There’s still a limit on the amount of principal sent in each money order to the US, only to the US. That limit was US$1,000 the last time I encountered it, but the limit used to be US$700. That limit is imposed by the US Treasury, to prevent money laundering. In calendar year 2000 I overestimated my US tax for tax year 1999. I had to write 18 money orders payable to the US Treasury. I would be able to write a single money order for US$12,000 payable to a recipient in any other country that accepts US dollar money orders, but when payable in the US the limit was US$700 per money order. At least we can take comfort from seeing how the US Treasury does a good job preventing the US Treasury from laundering US tax money … oops, good job, Monica Hernandez arrested in 2011 and cohorts arrested in 2015.
“The other option is via PayPal.”
PayPal doesn’t allow residents of Japan to send money to other countries just to send money. We can pay for goods and services but not just send money. Around 10 years ago I used PayPal to make a donation to Wikipedia but around 5 years ago they wouldn’t allow it any more. How did you do it?
Oops, apologies for my poor cut and paste skills on the above.
“Oops, cut my apologies for being paste poor”
Better be careful Bub. It’s one thing to make a mistake, but quite something else to declare that you make mistakes. Each honest declaration gets you a US$5,000 penalty for being frivolous.
@ND
I have tons of experience using IPMO as that was the only way for me to send and receive money for decades. Use them far less now that I have paid off my school loans but used them to send Xmas money home, postage being to high to send gifts. I have also helped friends get things from Japan that they could not buy online and they paid via IPMO. The actual limits I no longer recall because it has been a very long time since I needed to be concerned with them. I do know that they have changed from time to time.
The rules have changed greatly very recently. The only country I can now receive these from is the US and money POs either stopped offering this service or the clerks are ignorant that they exist. When my parents bought IPMO for our Xmas money last Xmas, thier postal clerk, an older veteran of the postal service, immensely knowledgable and helpful said that they would soon be discontinued.
I used to receive these from Canada, Singapore and of course the US. A few months ago, friends were seriously considering mailing cash in an envelope to pay for the reams of Japanese paper I bought for them. We had made several purchases in the past with out a hitch and then suddenly they couldn’t get IPMO at their local PO any more.
So, when I read of the big push for a cashless society, it doesn’t surprise me as I believe I am seeing it being implemented right before my eyes.
I have not been successful sending money via PAyPal for my meager donations to the Charter Challenge in Canada but have been in sending money to to my father in the States. He has a business account at PayPal, maybe that is why I was able to. I really do not know why or how, only than I have been able to do so several times over the past couple of years.
I am of course curious why I can do S.T. one time but not the next, or with one person and not another. I ask but no one seems to even know that such differences even exist and I don’t have time to track down the whys and wherefores myself. This applies to our current situation except I am trying to track down why and how, a quest that you yourself have been very helpful with.
“When my parents bought IPMO for our Xmas money last Xmas,
thieftheir postal clerk, an older veteran of the postal service, immensely knowledgable and helpful said that they would soon be discontinued. ”Now isn’t that an outrageous typo. It sounds like that postal clerk was among the very few government employees we’ve encountered in recent years that ISN’T a thief.
If international postal money orders are going away, maybe that’s the reason Bitcoin is attracting investors.
@Norman Diamond
Good thing the inability to edit at Brock doesn’t carry the same penalties as it does with the IRS!
@ BB
I did indeed but lacked the power to distill my thoughts to the concise point you made. What came to mind as I wrote that post was a comparison of myself and a few individuals in my boot camp company. I am the nondescript nobody ignored in every group. I struggled to earn grades as high as “B” in grade school and the rare “A” was a true accomplishment, until service school and later in college where at onetime I was an honors student, but I digress. Not at all athletic though physically active and lacking musical understanding I am always passed over for most considerations including scholarships (early on) and always picked last for any team.
My failures greatly outnumber my successes. Thus failure has never been a traumatic experience and most often a great learning opportunity leading to later success.
In boot camp, there were several “jocks” in my company. They had never been in a situation where their bodies utterly failed to meet a challenge. To see them cry after being unable to complete only ten push ups at the CC’s count was very surprising to me until I considered that this was the probably the first time they had experienced personal failure. BTW, if you have not served, NO ONE can complete ten push ups to the CC’s count.
This may have contributed to J’s decision.
But those crybaby jocks quickly learned to accept that they too had limitations and grew into excellent recruits, some even as my personal friends.
While I accept that the point you raised may have played a part, I am inclined to lean toward my shipboard engineer analogy.
@ND
Yes indeed it is! I couldn’t find it at first. Yes, he is not a thief Postal Clerk but “their” postal clerk. Yikes. Thanks for pointing that out.
Bubblebustin and Japan T,
Absolutely this is part of it for all of us (and, unfortunately, others hearing of all of this) — *How could we not have known?* And, even though I KNOW HOW we didn’t know and will be glad to explain it anyone over and over, it goes over their heads as very few have an attention span that long and, as I continue, they no longer look me in the eye, but gaze over my head. After all, in getting into compliance, part of it is a *Reasonable Cause Statement* to I guess prove to the US IRS authorities that you could not have known. Taken from mine and my husband’s:
@C411
It is hard to write this, I fear it will come out badly. If offensive, please remember that that is not my intent.
Has anyone asked why we SHOULD have known? Or why SHOULD we have known?
Why would people like you have been so obsessed with what those bozos in WDC were up to to have known of this? If I were so obsessed which what those nimrods in DC did, is it likely that I would add another 7000 miles between myself and them? I am much more concerned with the doings of Abechan and his merry band nationalists than what bonehead Obama is doing. Why would it be otherwise?
Japan T,
I believe I have been asking that for about five years, no — more!, now. How could we have known — any of us but those who were educated in higher education in US tax courses? As I’ve said often — my US public school education failed me. And no one from the US IRS or anyone else informed me of the change in *attitude* from what I was warned of in 1975 when I became a Canadian citizen — that I would thereby lose my US citizenship. It is despicable that my and my husband’s *Reasonable Cause Argument* would be considered acceptable and others, who had higher education but not educated in US tax matters, might not be. It is a *Blaming the Victim* scenario as so many have their reputations, their livelihood, the effects on their families and what they leave for them trashed — even though they did not know but *should have*.
Japan T,
I believe I have been asking that for about five years, no more!, now. How could we have known — any of us but those who were educated in higher education in US tax courses? As I’ve said often — my US public school education failed me. And no one from the US IRS or anyone else informed me of the change in *attitude* from what I was warned of in 1975 when I became a Canadian citizen that I would thereby lose my US citizenship. It is despicable that my and my husband’s *Reasonable Cause Argument* would be considered acceptable and others, better educated but not in US tax matters, might not be. It is a *Blaming the Victim* scenario.
This is a harrowing read. My thoughts go out to J’s family. I feel it
is distaceful of me to use the story’s comment field to ask questions
about my own situation, so I do apologize in advance for that. I will
ask a few, if that is OK – otherwise I am afraid I will be another J
in the future. I’m completely breaking down over this, and can really
relate to how he felt.
Below follows a few paragraphs of backstory. Those who do not have
time to read all of this, but may have something to say regarding my
questions, are kindly asked to just skip down to those.
The short version of my story is that I am a Scandinavian who is also
an accidental American. I didn’t know of my US citizenship until
ca. 2010 (I forget if it was 2009 or 2010). I was significantly older
than 18 at the time, and so the “get out before 18.5” rule wouldn’t
have helped me. The initial “hey, I’m a US citizen – how interesting”
was followed by many sleepless nights and countless working days lost
worrying myself to death and reading tax regulations. At the time
there was a system in place (not the OVDI) where people in a similar
situation were invited to file a certain number of years of
back-returns and FBARs and explain why they had not filed before, so I
did that to the best of my ability. Since then I have filed 1040s,
2555s and FBARs every year to the very best of my ability. I *hope* I
did everything right. I tried as best I could to not let the worry
ruin my daily life. My long term goal was getting rid of the
citizenship, since I didn’t have any feeling of attachment to it
anyway.
It all came to the front of my mind again now. I recently moved
(temporarily) from my home country to Switzerland for a research job,
and went to a random bank to open a salary account. It was one of the
weirdest experiences of my life. For about 15 minutes I and the bank
employee had exactly the kind of fake-nice conversation you would
expect to have in that situation. At the very end of the process, I
was asked – with a tone that expected to get a “no” and to move on
quickly, and with an apology of “we have to ask this now” – if also I
hold US citizenship. I said that as a matter of fact, yes, I do. The
mood changed as abruptly as if had contracted the bubonic plague there
and then. The bank employee shoved all the papers back at me, saying
“I’m sorry, we cannot take you as a customer, have a good day”. I
tried to ask what was going on, and after a lot of back and forth and
language confusion, it was made clear that only if I produce an IRS
declaration that I am straight and level in their book can I *apply*
to the higher-ups in the bank to have an account opened. This is
insane. I know it is an unfair comparison, but I felt like I (as a
straight white guy) just had my first taste of discrimination.
After some discussion with HR at work, who incidentally actually
suggested I lie to the bank, I was told that possibly UBS might have a
“special system” for tainted people like me, and that I can possibly
open an account there. (Question: Does this seem fishy? Does it seem
like something I should avoid to stay clear of trouble? HR can
probably be convinced to pay me to my Scandinavian account, but of
course that’s not exactly practical.)
The story above is not the essence of my post. The story above is what
brought this whole nightmare to the front of my head again. And the
realization that I cannot go on living like this. I need to try to
take steps towards renounciation. As with other matters, the Isaac
Brock Society web pages are full of information, but it can sometimes
be hard to get a good overview. I therefore hope you can forgive me if
I ask some questions that have probably be asked a million times
before.
QUESTIONS
1: What should be my first steps towards renouncing? My
financial situation is hopefully not too complicated (if such a thing
exists in this context): I have had ordinary salaried work in
Scandinavia for the past 5 years. The salary has always been below the
FEIE limit, and every year (with one exception, see Q 2) my IRS
filings have been income declarations + FEIE + my bank accounts’
interests (always too low to generate US tax). I own a (mortgaged)
home in Scandinavia. I have no money, accounts, propety or income in
the US.
2: In 2014, my Scandinavian employer sent me to visit a US
university for about half the year. I was paid (and thus taxed) at
home, not by any US entity. When filing for 2014, I understood the
rules to mean that I could only take the FEIE for the (approx.) half
of my salary earned while I was not in the US. So I used a foreign tax
credit for the other half. I believe I messed up my calculations, and
the IRS in the fall of 2015 sent me a notice showing a significant
(but not devastating) tax owed. I believe I figured out my mistake,
and promptly filed a 1040X to correct it. Recently I phoned them up to
hear about the status of that. I was told that they “have a lot of
work to do at the moment”, and that it “might take about 16 weeks from
today”. What will such an unfinished business mean for renouncing
citizenship? Is there anything I can do? I am even considering
just paying the original notice – it’s comparable in size to
expatriation fee.
3: When can I expect the process to be over? Supposing
the embassy in my home country doesn’t have a huge wait, how long
after the physical process there can I hope to be free?
4: What is my legal (and tax) status between renounciation
and the process being done? What happens if I travel to the US?
5: If I manage to do the renounciation this year, then I will
probably still be working in and taxing to Switzerland at the date of
renounciation. Do you suspect that thus filling out “country of tax
residence” on form 8854 as suddenly being different from my mailing
address and usual contry of taxation will cause me problems?
6: Should I get help with this? If so, how do I even
start? What’s a ballpark estimate of how much it’d cost? I’m not at
all a rich person – even the ridiculous expatriation fee is going to
sting.
Thank you so much for helping to restore my sanity.
If the same was not accepted from those more highly educated, then the assumption that those same people might have more to squeeze out of may have played a role in their argument being thrown out.
Yes, despicable.
When there is a revolution and those folks in gov. who told us that we “should have known” peer at….with questioning expressions we can ask tell them that they “should have known”.
I can dream, can’t I.
@I want out
I too want out, or more correctly, need out. Alas, I am an Amercan born and bred true and blue, yet I need out. It is only a matter of time before my banks in Japan shove me out the door as yours did to you. I can not offer advice as I am just starting down that road myself. Actually, you are much further down the path than I, you have another nationality whereas I do not…yet.
There are a good many good people here that have been where you are and I am sure that some can lend a hand. For myself, as an American let me say that this is NOT what America is supposed to be about and it angers me to no end that someone like you should have anything at all to do with this. The US has no business intruding upon your affairs like this.
As difficult as it is, relax, you are in the right place. There are people here who can help. Be mindful of the time differences and don’t expect immediate replies, but I am sure that someone can direct you to the information you need.
@Japan T
Thank you for your calming words. I do feel bad for hijacking the comment field of such a serious and important post though. I hope people will not be offended.
I quite often think of people in your situation, the “true Americans”, and how incredibly shitty a hand you’ve been dealt just because you want to live outside your country. In my case at least I don’t have to also endure the feeling of my motherland treating me like shit. It must be horrible – I really feel for you! 🙁
Are you on a path to Japenese citizenship?
@ I want out,
I have placed your comment in this thread, a thread here that you can explore and where others will, hopefully, be able to answer regarding your questions. Yes, as Japan T says, you are in the right place for both information, accounts of others’ experiences and the very-needed support for anyone going through what you now are.
@I Want Out
I am gathering the info I need to gain Japanese Citizenship and to gain Citizenshio from the EU nation both of my grandfathers came from. I intend to gather the needed documents for borh paths as I research to see which offers the most protection. I
It was a beautiful ship but it is now time to abondon her. Before doing so, I must learn which direcetion to swim.
I can’t speak for J nor his family, but if his the telling of his story may prevent others from sharing his fate, I would hope that they wouldn’t take offense.
Sorry, I didn’t understand that. Have you moved my post? Will you? Should I go to a different thread?
@ I want out,
No wonder you’re confused – I didn’t provide the link. I have duplicated your comment there and you already have one reply regarding your questions. http://isaacbrocksociety.ca/how-to-renouncerelinquish/.
Also, you can ask further here: http://isaacbrocksociety.ca/renunciation/.
@calgary411: Ah, I see. Thank you!
By the way, which threads here should one pay particular attention to if one just wants to stay updated and also provide help or comfort to others in the same situation?
JapanT, there are geneology firms that will trace the papers you need as in birth and marriage certs and/or baptism papers. Tell them you need certified docs for nationality purposes.