original article in French HERE
reposted from Anmerican Expatriates Facebook Group
ACCIDENTAL AMERICAN’: I LIVE HELL. I HAD TO GIVE UP MY DUAL NATIONALITY (I.E. RENOUNCE MY US CITIZENSHIP)
Keith Redmond says:
Thank you Fabien Lehagre or making sure this injustice stays in the press! The homeland US press refused to report on it. I know Caroline and her story is one of millions where the US government is ruining the lives of people outside the US.
English translation below.
Caroline, 37, was born in the U.S. of French parents and lived there for two years. Franco-American, her dual nationality was unfavorable to her when she discovered that she had to pay taxes there. The U.S. is one of the only countries in the world to base the taxpayer’s status on nationality and not on place of residence. Stuck in a legal imbroglio, it tries desperately to regularize its situation.
Caroline says:
I was born in 1979 in Los Angeles. My parents were French, but they were expatriates in the United States for professional reasons.
All my life, I had dual French-American nationality. Even though I only lived for the first two years of my life on the other side of the Atlantic, I always found it amusing to have this double status. I was the only one of my siblings to have this peculiarity.
I remember returning to the United States when I was seven, then in 2008 with my husband. Always with my French passport since I never redone my American identity papers.
A legacy blocked because of “my clue of americanity”
Since July 2014, France and Switzerland have undertaken to disclose the tax data of their US residents. For the moment, this device is not reciprocal. As a lawyer, I had heard about the Fatca (Foreign Account Tax Compliance Act), a law to combat tax evasion, but I never thought I would be directly involved.
I have always paid my taxes in France, and since I have never really lived on American soil, why should I have had to pay taxes in the United States? I was wrong. In reality, the United States is one of the only countries in the world to base the taxpayer’s status on nationality and not on place of residence.
I understood it in September 2014, a few months after the death of my father. The succession had to be settled. I thought there would be no worry, but I received a letter from my father’s bank, BNP-Paribas, to point out that I had a “clue of americanity” because of my place Of birth. So I was concerned about the famous Fatca law.
To unlock the legacy, I had to prove that I was in good standing with the US Treasury (the IRS). In the meantime, the succession would be blocked.
It was the cold shower. After cashing in, I thought I wanted to be in order. If I were to pay, no worry, I would do it to live in peace.
I needed my US tax number. I have never had
I contacted the American Embassy to inquire. I was asked what was my tax number (Individual taxpayer identification number)? I did not have any. What to do ? I had to provide them with a US Social Security number. Same, I never had one. My father never used it because he was an expatriate.
By searching the internet, I learned that to obtain my social security number, it was necessary to have an extract of birth certificate. Immediately, I thought to myself. It’s good, the situation will soon be resolved. In France, it is obtained in a few clicks, but in the United States, it is another pair of sleeves.
To obtain such a certificate, I had to go there because the American embassy in Paris did not issue the required notarized document. No power of attorney was possible. And even if I did, I had no guarantee since I no longer had any American identity papers.
At the foot of the wall, I had to give up my dual nationality
This administrative imbroglio impacted not only me but all the members of my family. It was impossible to mourn the loved one whom we had lost. The situation was totally blocked.
I was also pressed for time: my husband and I had to move to Switzerland in January 2015.
After finding out, I realized that I could never open a bank account in Switzerland – a sine qua non for working in the country – without proving that I was in good standing with the US IRS. It was the snake biting its tail.
I checked with tax lawyers. I was asked 5,000 dollars to take my case. Can not imagine. During all this time, I harassed the US embassy which was unable to give me a solution. One day I came across a woman who said to me:
“If you do not want to do anything about your American nationality, the easiest way would be to give it up.”
At the foot of the wall, that’s what I did. Out of spite, I renounced a right because I saw no other way out.
It cost me the modest sum of 2,350 dollars
The American Embassy sent me a 25-page file to complete, written entirely in English in an indecipherable technical vocabulary for a non-bilingual person. I was asked to tell my story, to explain the reasons why I had to give up my nationality before stating a list of incredible consequences.
Once the form was completed, I got an appointment at the embassy. When I arrived, I was installed in a room with protective glass. I was not allowed to drink, to eat and my laptop was confiscated.
An official entered the three-square-meter room. She spoke with a hallucinatory flow. I did not understand anything. I asked to be assisted, that was refused me. Clearly, she did not care what I could live.
She asked me a few questions. I asked her if my tax situation would be in order after this waiver. She replied that it was not her problem before I exposed all the consequences of my act: it would be much more difficult for my children to study in the United States and not sure that I could ever get A visa if I were to settle there.
She’s gone for an hour so I can think about it. When she came back, I explained to her that my decision was made. I was then asked to go to the cash to pay the processing fees: it cost me the modest sum of 2,350 dollars!
I still have this sword of Damocles above my head
I waited almost three months to get my act of renunciation. The first barrier was crossed, it was necessary from now on that I am working on my regularization with the American tax authorities.
To the extent that I was going to receive an inheritance over 50,000 euros, I risked being taxed by the IRS. No worry to pay, I just wanted to no longer live with this sword of Damocles hanging over my head.
I have contacted them many times, but as I do not have a tax number or a social security number, I have not been able to find a way out of this impasse. No one was able to tell me whether I was going to pay a fee or not. I was even advised to continue “going about my business”, waiting for a providential outcome.
Regarding my father’s inheritance, the situation did not unlock overnight. The bank asked me to complete form W8-BEN, but again, I had to provide a US tax number. My act of renunciation was not enough.
Tired, furious, and accompanied in my steps by the collective “Americans accidental”, I decided to send emails to the governor of the bank of France, various government advisers, the Ministry of Foreign Affairs, etc. I do not know what happened, but one day the BNP called to tell me that the situation was going to be unblocked.
It took two years to glimpse the end of this story. But I’m still not reassured. I know that at any time, the IRS can fall back on me and ask me to pay taxes with retroactive penalties. The sword of Damocles is still there.
The feeling of being rejected on all sides
What is rather comical is that it is not the first time that I have to fight to prove my nationality. In 2008, I had a hard time renewing my French passport. Two years earlier, Nicolas Sarkozy, then Minister of the Interior, had passed a law requiring foreign-born persons of parents born abroad to provide proof that they were French.
My father was born in Morocco, my mother in the Congo, at the time of the colonies, both of them French, but that was not enough. It was necessary, although in possession of a national identity card and a French passport, that I recover the birth certificates of my family over three generations to prove that I was of French nationality!
With this new misadventure, I feel rejected. For two years I have lived a veritable calvary, and my family, too. My mother even told me that if she had known, she would have returned to France to give birth.
I am not the only one in this situation. The “accidental Americans” would be close to 50,000 people. Some have disbursed several thousand euros without getting out of business. Maybe it’s time to create a cell to regularize our situation? For, at present, no solution exists.
Canadian Ginny –
Yes the USA stood for great ideals and principles at one time.
Ooh. Those remnants of mythic delusion cling so tight. You and anyone else tempted to think fallacious thoughts like this one need to read up. Here’s an item from the NYT 2016 top 100:
New England bound : slavery and colonization in early America by Wendy Warren
https://www.nytimes.com/2016/07/03/books/review/new-england-bound-by-wendy-warren.html
At least read the review. Wake up, slaves. Shed those mental manacles. The U.S. was a horror in its cradle. Like all states, especially colonialist ones. Even Canada.
“When a Japanese says that your children look half-American, remind them that Germany was Japan’s ally during the war.”
‘To what end?’
So the Japanese will stop assuming your children are American.
Anyway, you said that your children get FATCA’ed and CBT’ed because of blue eyes and brown hair. No, they get FATCA’ed and CBT’ed because their My Number cards copy the US tattoo from your butt to theirs, not because of blue eyes and brown hair.
‘Law and social norms are not the same. This fact changes nothing.’
Thank you for finally almost understanding. This fact changes nothing about their social problem but it would change something about their legal problem if they’d been half German instead — the same as if they were born in Canada instead of Japan.
@usxcanada
Yes, the US inherited slavery from those who left europe and colonized the new world. But one should not exclude the exceptional lengths the US has gone to addess its sin of slavery, 300,000 of its loyal citizens and around 200,000 of its temporarly disloyal citizens dead in its war against itself that led to the end of slavery.
@ND
“So the Japanese will stop assuming your children are American.”
They do not assume they are American, they assume they a half nonJapanese and ask questions. Continually bringing up the unpleasantness of the war is sure win the hearts and minds of my neighbors.
“Anyway, you said that your children get FATCA’ed and CBT’ed because of blue eyes and brown hair.”
I said no such thing. I said that they can not fly under the radar to avoid being FATCA’ed and CBT’ed.
The legal problem is the same for all of us. I was reponding to the statement that children born abroad and not registered at the embassy can more easily fly under the radar and escape notice. While this may be true in Canada and elsewhere, it is not true here in Japan. My children can not fly under any radar due to their appearance. They can not fly under the “talent scout” radar looking for fresh exotic faces for J porn. They can not fly under the radar of scammers who may target nonJapanese for various scams. And they can not fly under the FATCA, USCBT radars either.
They nor I have the option to fly under the FATCA and USCBT radars because our looks invite a closer look and we can not survive a closer look.
Me changing my nationality to German now will not make my children half German instead of half American. The are American because I was American at the time of their birth. Why even suggest what can not be changed?
@Japan T wrote: “The[y] are American because I was American at the time of their birth. Why even suggest what can not be changed?”
Your being American is only relevant if you resided in the USA for the requisite number of days. If the children were not registered at a US consular office and were born abroad, there is a (rebuttable) presumption that they are aliens.
The racism issue is quite separate. To some extent it goes away for half-Japanese whose Japanese language skills are literary because that commands special respect.
Nobody should ever “admit” to being “American” because of bureaucratic or social pressure. No child born abroad should be registered with a consular section until such time as s/he decides to move to the USA permanently to live and work. There is no legal penalty for failure to do so.
@JapanT, my heart goes out to your kids as this IS a racist issue. Because of where we are and several other circumstances, my kids can fly under the radar.
“Your being American is only relevant if you resided in the USA for the requisite number of days. ”
I Do.
“The racism issue is quite separate. To some extent it goes away for half-Japanese whose Japanese language skills are literary because that commands special respect.”
That’s not the issue. Due to their looks, there are always questions. Respect or not, anyone who has financial dealings with us is at risk of being reported to the US. We look different and thus are asked questions.
“Nobody should ever “admit” to being “American” because of bureaucratic or social pressure. ”
I’ve lived in Japan for twenty years. While I did not walk around with the flag on my sleeve, I had no reason to hide the fact of my origin. So my team mates, coworkers, neighbors etc all know I’m American. Kinda hard to start lying about where I am from now.
But more importantly, when it counts, we are never asked. We must present the required paper work upon which our visa status and thus nationality are listed. Now, with this stupid My Number system any, every, and all bureaucratic processes involves disclosing your nationality and that of those we live with. Each of my employers has a copy of my passport (which I believe is illegal but they all require it just the same). For this past year they have been demanding I photocopy my My Card, “Gaijin” card a/o my driver’s license on the same page and mail it to them. My wife’s has a copy of her family registry, which includes who she lives with and is married to and the nationalities of same. Back in the day of video rental stores, I could not even rent a video unless I let the clerk photo copy my gaijin card.
Even the post office photocopies my My Number card and driver’s license when I cash an international postal money order from my parents to my children for their birthdays. AND I must disclose why my parents sent to small sum. Same is true if I send money via a money order. In short, Japan is a society that will not deal with you (including Japanese) unless you satisfy their fetish for information. They will not hound you for the info but will not deal with you until you do provide it.
Nondisclosure of my and the nationality of my children’s father (it all comes as one package of data, all or none) means no employment, banking, government nor postal money services. Kinda hard to live in the modern world without access to these services.
“No child born abroad should be registered with a consular section until such time as s/he decides to move to the USA permanently to live and work. There is no legal penalty for failure to do so.”
There was no legal penalty for not filing FBARS either. But now there is.
My children are not registered at the embassy. No matter. Once JFIs and employers learn of the burdens of associating with US Persons, they will cease to do so, just as in Europe. Once this is known, then it will not take a trip into the bank to refinance a mortage to be found out. Their name alone will do it. Or, walking into the bank lobby, they will be pulled aside and “asked” to explain their difference in appearance as their bank attempts to limit its exposure to US penalties.
My kids simply can not fly under the radar. Nor can I. We may not be FATCAed or CBTed, but we will at the very least be shut out of banking services and employment.
@George,
Yes and know. Japanese Americans will also be found out due to this new My Number system. Even without it, the family registry, which is now linked to the My Number, would get them caught eventually.
The difference in appearance of my kids just removes any and all hope of staying hidden in plain sight.
If your country of residence had Japan’s family registery and My Number, your kids too would be found out, but not as quickly as mine.
I focused upon the appearance as it is easy to see and thus understand. Japan’s id systems are hard for most westerners to comprehend. Takes a long time to come to grips with them. At least it did for me.
When they start looking, the family registery and My Number will get you found soon. With a difference in appearance, no need to even look for you. You present yourself to them the very moment you walk out of your house.
A differance only in how long before one’s life is utterly ruined, perhaps, but a difference none-the-less.
“Each of my employers has a copy of my passport (which I believe is illegal but they all require it just the same).”
I agree. I think under the old system they had a right to your alien registration card but not passport. For the new system, see the next paragraph.
“For this past year they have been demanding I photocopy my My Card, “Gaijin” card a/o my driver’s license on the same page and mail it to them.”
I think they have a right to your My Number card and residence card. One employer did also demand my driver’s licence but I don’t know why and I do think it’s illegal unless driving is part of the job.
Now, look at this. A residence card has a space for nationality, not citizenship. Unless you’re as stupidly honest as I am, you can tell the truth about your nationality and lie about your citizenship. As the card says, your nationality is US. You can say that you’re a US non-citizen national. They might ask to see the annotation in your US passport saying that you’re not a US citizen (same as American Samoans have unless they naturalized or were born to a US citizen), but I bet they don’t have a right to your passport.
About your children: “Their name alone will do it.”
No, their name looks German or Irish or English or Canadian or Australian. Only if someone looks up your My Number information, someone can find that their name looks like a US non-citiizen national.
“I think they have a right to your My Number card and residence card. One employer did also demand my driver’s licence but I don’t know why and I do think it’s illegal unless driving is part of the job.”
They have the responsibility to collect, maintain and share this info with the national government. To force compliance, in order for an employer to get tax credit for wages paid, they must send the My Number of the employee/s they are claiming credit for.
The employer who asked for a DL may have just needed a photo ID and may have had other gaijin balk at giving them a copy of their gaijin card. Once I got my DL I use it instead of my gaijin for ID whenever I can. Of course, if they asked for both, then this could not be a reason.
As far as the US National-Non citizen argument goes, bet ya ten to one that whichever clerk one deals with would respond with the Japanese equivelant of “same difference” and you’d be treated the same regardless. No penalty for sending data on non US persons, just for not sending data on same. There will be a lot of nonUS persons whose data is sent to the US because it is easier to just all non Japanese data they have than it will be to determine who in this group is and is not a US person.
“No, their name looks German or Irish or English or Canadian or Australian.”
That’s enough to have questions asked.
“No, their name looks German or Irish or English or Canadian or Australian.”
“Only if someone looks up your My Number information, ”
Katakana names are enough for the curious, criminally or otherwise, to look up someone’s My Number info.
‘Hmmm, a katakana name….I wonder if this person might be one of those USPs we are to be wary of….? Well, let’s just see.”
And if ye be, ye be caught. Game over.
Japan T –
… led to the end of slavery …
Ah, the good ol’ hyperAmerican noble-sacrifice purgation theory. Sin all wiped out by 1865.
Why black lives still have to matter these days, right?
“… led to the end of slavery …”
Oh, I missed where that was discussed. Among countries that were industrialized[*] at the time, the US was the last to outlaw slavery. So sure, the end was right there in the US.
[* Developing and undeveloping countries still have it.]
You should look into the stats and see just who is on the losing side of the stats in regards to likelihood of being shot by whom. Reality is vastly different from what is popularily believed.
Problem still exist, but it is still true that the US sacrificed half a million + lives to end actual slavery. That is not to say that there is no more work to be done, but if that amount blood does nothing to wash away that sin, then no amount will.
Besides, what was the rest of the world like in the mid to late 18th century? Why not do a meaningful comparison between the US at its founding with the other nations of the earth at that time?
But we are getting further off topic.
@ND
Led to the end of slavery in the US. Context.
Which other country fought itself to end it?
A more constructive pursuit would be to find out why slavery persisted as long as it did in the US paying particular attention to which political party supported maintaining this peculiar institution. Which party fought for and achieved ratification of the 13th amendment? Which party fought for an obtained the Jim Crow laws? Which president/s of the 20th century vetoed bipartisan anti-lynching legislation? Governors from which party used the national guard to block black students from entering desegrated schools? Who first sent national forces to escort those students into heir schools?
Much has been done but more is needed. Who is it that has over a century of history standing in the way of further progress?
No problem can be solved if it is not identified.
“A more constructive pursuit would be to find out why slavery persisted as long as it did in the US”
It’s been done. Some academics proved that slavery remained profitable for slave owners at the time of the US civil war. The academics were virtually lynched for publishing their analysis.
“Which party fought for and achieved ratification of the 13th amendment?”
Yeah, it’s hard to believe today. Even between 2016’s primaries and 2016’s general election, when lots of Republican mainstreamers said they wouldn’t vote for Trump, it’s hard to believe that either side of that party descended from Lincoln’s upstart third-party activists.
“It’s been done. Some academics proved that slavery remained profitable for slave owners at the time of the US civil war. The academics were virtually lynched for publishing their analysis.”
Who were those slave owners?
“It’s been done. Some academics proved that slavery remained profitable for slave owners at the time of the US civil war. The academics were virtually lynched for publishing their analysis.”
‘Who were those slave owners?’
Uh, maybe perhaps owners of farms in southern (Confederate) states?
@ND
Where they whigs, republicans or democrats?
Surely not Republicans in those days. Probably both Democrats and Whigs.
By the way, that is the only time in US history that a third party won an election, right?
They were, if not universally democrat, theyr were nearly so. Democrats in the north were mainly against the war. Those who supported the war effort were called “war democrats”.
Was there a Whig canidate for the presidency for that election? My recollection is that the Whig party imploded and the republican party grew put of its ashes. That being a short time, a couple of years, before the election, I do not think there was a Whig canidate that was a serious contender.
A bit of digging into US history will reveal that the democrat party has a long history of standing in the way of improving the lot of minorities in the US. The republican party, while not very proactive themselves were usually the motive force behind what ever improvements for minorities the federal government did undertake.
Not unlike the proposed changes to FATCA and CBT. We’ll have to see if they act here as they have done in the past or fall back into inactivity as they have also done in the past.
What history also shows, is that the dems have a long history standing in the way of policies that they say they want for their minority constituents. Calling Sen. Sessions a KKK supporter when he fought for the death penalty for KKK members AND the late Sen. Byrd (D W. V.) was an actual member of the KKK helps illustrate this. Would be funny were it not so serious.
There has not been a third party winning the Presidency since then, that is certain. Not sure if the election of 1860 counts as a third party winning.
Back on topic of getting found out to be a USP here in Japan. What the eye does catch, the family registry and My Number will. Legal issues of nationality vs. citizenship may have meaning in the court room but are without signifigance on the street, in the bank lobby or employment interview process.