UPDATED WED APRIL 26
videos are posted at youtube
ONLY PLACE TO GET AUDIO FEED AT THIS LINK
As Ms. Bean testifies to the insignificance of #Americansabroad, Dani’s uniform and passport are to her right. Yes, those of us abroad, only 4300 renouncing vs 730,000 coming in, simply do not matter. Noticeable large errors regarding foreign countries supposedly taxing their citizens when they leave (that is not what CRS is); not getting it clear that OVDI is the source of the collection, starting in 2009, before FATCA was even signed; US banks do not like FATCA, they don’t want to report like foreign banks required. Maybe someone should explain to Ms. Bean that Hillary was the shield of the other 47,500 that were not turned over.
Before adjourning, Mr. Meadows has asked each witness to come up with 3 ways revisions could be made that would address the issues heard about today. While we all want FATCA repealed, maybe for the sake of compromise, we could at least try the same……………….
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Updates April 25, 2017!!
TESTIMONIES OF WITNESSES FOR TOMORROW’S HEARING ARE HERE
VIDEO TESTIMONY OF DONNA-LANE NELSON
REVIEWING THE UNINTENDED CONSEQUENCES OF THE FOREIGN ACCOUNT TAX COMPLIANCE ACT
Subcommittee on Government Operations
SUBCOMMITTEE ON GOVERNMENT OPERATIONS
HEARING DATE: APRIL 26, 2017 2:00 PM 2154 RHOB
PURPOSE:
To examine the effects of the Foreign Account Tax Compliance Act (FATCA) on the U.S. and international economy, as well as potential legislative remedies.
BACKGROUND:
Signed into law in 2010, FATCA requires non-U.S. financial institutions to report assets and identities of U.S. citizens with non-U.S. financial accounts to the Internal Revenue Service.
As a result, many foreign banks have stopped serving U.S. citizens, and record numbers of Americans have renounced their citizenship.
Senator Rand Paul (R-KY) and five expatriates filed a lawsuit claiming FATCA constitutes an unconstitutional breach of privacy, as well as an illegal treaty
WITNESSES AND TESTIMONIES
Name Title Organization Panel Document
The Honorable Rand PaulU.S. Senator State of Kentucky
Mr. James Bopp, Jr. Attorney The Bopp Law Firm, PC
Mr. Mark Crawford Director AKSIONER International Security Brokerage
Mr. Daniel Kuettel Former U.S. citizen living in Switzerland who renounced his U.S. citizenship due to FATCA
Ms. Elise Bean Washington Co-Director Levin Center at Wayne Law Wayne State University
Updates April 23, 2017!!
The Democrats have selected Carl Levin Protege, Professor Elise Bean, as their witness in support of FATCA. Professor Bean is an interesting choice given that the focus of the hearing, in its plain terms is:
REVIEWING THE UNINTENDED CONSEQUENCES OF THE FOREIGN ACCOUNT TAX COMPLIANCE ACT
It seems to me that Professor Bean might be a much better witness if the hearing were for the purpose of:
CELEBRATING THE INTENDED CONSEQUENCES OF THE FOREIGN ACCOUNT TAX COMPLIANCE ACT
To glean some insight into the perspective of Professor Bean, read the account of her March 30 meeting in Washington with PANA committee of the European Parliament. In explaining the superiority of the U.S. approach to penalties and enforcement she noted:
Bean agreed with MEPs that the US is in a more advanced position than the EU when it comes to penalties and enforcement.
“On improving enforcement, there are three things you can do in the EU,” she said. “The first is to increase your fines – your fines at the moment are a fraction of what the banks are earning. Secondly, you should require that the company or bank admits liability. This opens the door for class action lawsuits. Thirdly, make sure that the fines are not tax-deductible. Taxpayers end up paying more than big banks when the fines are tax-deductible.
“In the US, we also use monitors on compliance. We have a monitor who will monitor the institution for a period of two years to ensure that the required changes are actually made. Make the banks pay for their own monitoring.”
Bean also informed the European delegation that there will be tax justice demonstrations taking place in Washington and 60 cities across the US on April 15. The protests will demand Trump releases his tax returns but will also call for ending deferral of corporate taxes and for action on shell companies, she said.
Professor Bean is a colleague of Professor Linda Beale of Wayne State Law School. Professor – through her own writings – is NOT sympathetic to problems of taxation-based citizenship and Americans abroad. She has distinguished herself as one who fundamentally believes that everybody with an undisclosed “offshore bank account” is (to use her words) a “scofflaw“. The professor, as well as a professor of tax law, is apparently also an expert in investing and diversification of assets as evidence by the following gem:
Now, there are at least two interesting things about the Romney’s stashing $3 million in a very low yield Swiss bank account.
1) There are better things to do with money. Even if you don’t mind a low return, you could hold that money in the US–helps the US economy more than in a Swiss bank, and is easily available without the transaction costs of getting it out of your secret Swiss bank account. Why would the Romney’s have a Swiss bank account with a very low yield? The Romney spokesperson says “diversification” but that doesn’t hold water. Makes one wonder where this money came from and certainly why it ended up in a Swiss bank.
In 2012, Professor Linda Beale introduced herself to the Isaac Brock Society in a thread which is referenced in the following tweet:
Prof. L. Beale – comments on her support of "specified reporting requirements from citizens to their governments" https://t.co/vDgyirXkcR
— U.S. Citizen Abroad (@USCitizenAbroad) April 24, 2017
Professor Beale is a living, breathing argument for why it has become impossible for Americans abroad to retain U.S. citizenship and one of the reasons why:
When it's all said and done: All roads lead to renunciation https://t.co/dOeWdjNtXV
— U.S. Citizen Abroad (@USCitizenAbroad) April 24, 2017
________________________________________________________________________
And now back to our originally schedule broadcast …
Q. What do Ronald Reagan and Heidi have in common?
A. They both became disillusioned with the Democratic Party
When questioned about this, Mr. Reagan noted (referring to the period in his life when he was a Democrat) that:
1. He thought many foolish things in those days; and
2. In any case, he had not really left the Democratic Party. Rather the party had left him.
@FredB
“Speaking of which my personal politics are being completely turned on their head, and I am in danger of turning into a former Democrat even before I turn into a former American. Because even though most of what the Republicans stand for makes me shake my head, the only ones who have caused me harm personally are the Democrats.”
This is also the road I have travelled, from a liberal minded, east coast, physician to a renounced EX American who would rather see anyone in the White house rather than the likes of the Clinton democratic mindset.
But honestly , does it matter what the social policies of the US are anymore? We don’t live there, our concerns should be just about their fiscal policies and the effects on US citizens abroad.
I am no longer an American . My concerns now are for my own country and their policies. If you are settled abroad in your other citizenship, then does it matter if you have second thoughts about being ‘their form” of an American Democrat? You can still be a Democratic socialist or whatever in your resident country. Let America go, it is an abusive partner in your life. Hoping for it to change doesn’t work
And now, an advertisement from Democrats Abroad …
The @DemsAbroad say: "When injustice becomes law, then resistance becomes a duty". Yet #StepFordWives "suck and blow" by supporting #FATCA! pic.twitter.com/JCQuPCyy8y
— U.S. Citizen Abroad (@USCitizenAbroad) April 21, 2017
Sad but true. The Democrats Abroad AKA “The Stepford Wives” have once again conveyed the message (reminding me of a Democrat president):
“Let every Expat know, whether he wishes us well or ill, that Democrats shall pay any price, bear any burden, meet any hardship, support any friend, oppose any foe to assure the survival and the success of FATCA and Taxation-based citizenship.”
When it comes to supporting Democratic Party Central: Democrats Abroad are like The Stepford Wives https://t.co/sbaEVmBsP8 – it's a #FATCA
— U.S. Citizen Abroad (@USCitizenAbroad) April 21, 2017
Yup, #YouCantMakeThisUp
For years and years the Democrats have made it clear that they fully support FATCA and taxation-based citizenship. One would think that they would keep their sentiments quiet. Yet, once again they have broadcasted their hatred of Americans abroad to the world.
It reminds me a bit of a teacher I once had who reminded me that:
“Sometimes it’s better to keep your mouth shut and let people think you are ignorant than to open your mouth and remove all doubt.”
Yet, that’s what those “Stepford Wives” have done, yet again. Brace yourself, after publicly condemning the Bopp/Republicans Overseas FATCA lawsuit, after failing to directly call for a move to “residence-based taxation” in it’s submission to the Senate Finance Committee, after arguing for FATCA Same Country Exemption (which would benefit only tax compliant Homelanders Abroad and support a U.S. FATCA attack on their own countries of residence), on the eve of the April 26/17 FATCA hearings in Washington, DC, they have once again confirmed their total and absolute hatred of Americans abroad and their support of FATCA.
Here it is, straight from the Donkey’s mouth:
In light of the annual IRS deadline, we’ve been receiving a lot of questions about DA’s advocacy on filing issues for overseas Americans. Why not support Rand Paul’s proposal to eliminate FATCA entirely?
From our late 2016 FATCA FAQs:
Republicans say they want to repeal FATCA. Why won’t Democrats Abroad join their campaign to repeal FATCA?
Democrats Abroad supports policy that cracks down on illegal tax avoidance. When some taxpayers break the law by hiding assessable earnings from the IRS in offshore accounts it increases the burden for the rest of us. For many decades those with access to elite financial structures and schemes have been using offshore accounts in bank/tax secrecy jurisdictions to become even richer. Nations throughout the world have determined to bring this practice to an end and Democrats Abroad believes that is a good thing. Democrats Abroad supports the policy initiative behind FATCA. We also think FATCA can be fixed to remove the unintended adverse impacts it has on law-abiding Americans abroad.
In January 2014 the Republican National Committee (RNC) passed a resolution calling for the repeal of FATCA. While the resolution made it look like repealing FATCA would be Republican Party policy, the Republican-controlled House of Representatives did not introduce a bill calling for FATCA to be repealed in all of 2014. A bill calling for the repeal of parts of FATCA was reintroduced in the Senate by Senator Rand Paul in March 2015. It has one co-sponsor and a 1% chance of being enacted.
The RNC and Republicans Overseas, the organization formed in 2013 by members of the RNC to cultivate the overseas vote for Republicans, has been very open about their strategy of exploiting the anger and upset around FATCA to raise money and build support for Republican candidates amongst Americans living abroad.
Republicans Overseas has admitted that it sees FATCA as a political tactic for activating a ground game to attract overseas voters. If FATCA had been repealed by Congress before 2016, the Republicans would lose this wedge issue in the 2016 campaign. Republicans ran in the 2014 midterm elections on a pledge to repeal FATCA as soon as they won control of the Senate. They
have had control of both houses for two years but a repeal bill to mirror Sen Paul’s bill has not as yet been introduced in the House. And why would it? The GOP can use the promise of a FATCA repeal to take into its campaigns for Congress and the White House. We understand that FATCA hearings may be planned for the months leading up to election day – an opportunity to make the case for repeal. We are putting ourselves forward for inclusion on the witness list for a House hearing on FATCA should one be scheduled for this year.There is a global context for this question as well. By 2017 FATCA will have been in place for more than three years and be well entrenched in the compliance practices of international banks and brokerage houses. In addition, in 2017 the “global FATCA” will start to come online with the commencement of financial account reporting by at least 80 countries under the OECD Common Reporting Standards. By that time international financial account transparency and disclosure will be a given and the global crackdown on illegal tax avoidance will be very difficult for Republicans to arrest.
Is this for real? Rather than defend their FATCA Attack On Americans Abroad, they are attacking those Republicans who support FATCA repeal. Yes, yes, bring it on!!
Don’t forget that the Obama Treasury (you know the “Change You Can Believe In” – Hopey Changey Guy”) refused to to accept Same Country Exemption confirming its attack on Americans abroad.
Now, back to the April 26, 2017 FATCA hearings in Washington, DC (resulting from the FATCA repeal legislation proposed by Congressman Mark Meadows and Senator Rand Paul). Although these were not organized by the Democrats, they apparently will have witness(es) in attendance who will defend FATCA. This is good, because instead of attacking and condemning the Republicans (the current justification of their focus on FATCA retention), they will (presumably) be forced to explain why FATCA is so desirable. Rumour is that there will be a way to witness this spectacle live online!! Yes live online!!
Check back and the link to the link to the proceedings where there will be a hearing into FATCA (including the harm done to Americans abroad). This spectacle should NOT be missed. You will see that those who oppose FATCA (a broad range of people) and those who support FATCA (the Democrats) providing evidence and discussion.
But, the FATCA hearings aside …
The great “genius” of “Democracy in America” is that it is dominated by two private clubs. These private clubs are the Democratic and Republican parties. This party dominated process brought us “The Donald” who was chosen in spite of the Republican Party and “Crooked Hillary Clinton” who was chosen BECAUSE of the DNC.
In other words, the Democratic Party will not be going away in the immediate future.
Democrats Abroad (which is probably a group of Homelanders) is here to stay and here to continue one of the core missions of the Democratic Party:
The Democratic Party wants to destroy Americans abroad.
And the lesson from this is:
You keep your friends close and your enemies closer, that's why I intend to join @Demsabroad (… https://t.co/toVg1LHISj via @@USExpatCanada
— U.S. Citizen Abroad (@USCitizenAbroad) April 21, 2017
Democrats who do not want their precious law repealed. Once again the overwhelming sense is that they have not one whit of care for the harm that illegally implementing FATCA and the IGA’s has done to Americans and their families worldwide.
Thank God for Mark Meadows. He knows what he is talking about and he knows what the dems want and are up to. Wondering when the next hearings are to be held? Be interesting to see what three recommendations Bopp comes up with as opposed to the three Ms. Bean is charged with coming up with. I will bet here and now HER recommendations will have nothing to do with recognizing the 4th, 5th , 8th and 14th amendments , ALL violated by FATCA and IGAs !!
Congresswoman from DC, Ms. Norton seems extremely hostile! FATCA being equated with fight against terrorism and money laundering! This is slander toward us US citizens abroad.
Democrats are usually up in arms about unfair prosecution. Jeez. Talk about being guilty until proven innocent.
I wish I knew the names of the committee members who spoke after the recess. The video was too fuzzy to read their nameplates. Does anyone know where we can get a transcript? Chairman Meadows gave Ms. Bean and Mr. Bopp some homework. Try to come up with 3 things which could be done to FATCA to make it less stinky. Personally I don’t think it’s fixable. You can’t perfume a fart.
Meadows was great. Emphasized how patriotic Americans abroad were treated like criminals.
Absolutely pure hostility from Dems.
This is the night I switched parties folks.
Good night.
Well, I have a new hero … Mark Meadows. He really let Bean have it and she ended up looking like a total fool.
The testimonies on our side of the issue were fabulous, but I’m confused: where was Keith? Was this not the hearing he was supposed to be taking part in?
I don’t have time to give a complete blow-by-blow but I will just say that, while I was fully aware that this was specifically a FATCA hearing I was still disappointed that the issue of CBT was not called out more emphatically as the source issue behind this whole mess. Thankfully, Mr. Bopp touched on it but I wish he’d pounced on Mr. Connelly, the Ranking Member, who stated erroneously that most other countries in the world tax their citizens wherever they live exactly like the US does. With that statement Mr. Connelly betrayed his complete ignorance of the facts of our issue and proved his incompetence to sit on any committee considering the matter. At best he revealed that he doesn’t understand the difference between a citizen and a resident.
It’s been an interesting couple of hours but I have to say that my hopes have not been greatly bolstered.
Hmmm…three things to “make it work”
1.)Remove the citizenship indica parts of the IGA. Make the IGAs resident based meaning reporting homelanders.
2.) Make FBAR a requirement for homelanders and only for others in countries that do not have robust AML and KYC.
3.) Raise the FBAR limits.
Well, comparing FATCA with a fart EmBee is like comparing horse dung to fly poop. There is NO “parfum” that can get rid of the smell of FATCA. They need to rid the world of it and the accompanying illegal harassment of Americans and their families worldwide.
What about that does Ms. Norton, Ms. Bean and the other democrat committee members fail to comprehend?? Absolutely nothing. THEY DO get it. They want the power FATCA imposes as they do with everything they touch. They always want the power to make and destroy others lives. Especially those who disagree with them.
It has become an overwhelming problem with democrats who have been taken over by the worst examples of socialism and communism.
Were the democrat committee members who actually spoke today focused on the harm done to Americans living overseas by FATCA? NO. THEY were focused on defending FATCA regardless of the obvious harm done. They do not care, period.
Thank God for Mark Meadows and we cannot discount Senator Rand Paul’s appearance and testimony. IT is the groundwork for the appeal of FATCA and Mr. Bopp’s testimony builds the bricks to repeal. And that will continue going forward. The testimony of all those appearing to speak against FATCA and the illegality of it and the real and serious , life choking harm it is doing needs this airing and the more it is seen and discussed the better for repealing this pile of horse dung stinking up the halls of justice.
The committee chairman seems very conscious. The other side seems not so conscious and are conflating all sorts of other things into the mix. Certainly the same country exemption is a non starter as it fixes very little and introduces another level of paperwork / potential risks. Still this session was a positive foot forward in my view.
@ Fred (B)
Yes, I could feel that hostility too. Don’t touch FATCA or a bad guy might escape the talons of the IRS. One thing that didn’t come up (and how could it really in such a short time) is how the compliance condors are making out like bandits thanks to FATCA. Anyway the good guys and gal did a great job of addressing the actual point of the hearing: “The Unintended Consequences of the Foreign Account Tax Compliance Act”. THEY get an A+ for being on topic and a virtual hug from me for being there.
@Muzzled
Not to worry. We will be tweeting and retweeting and whatever other ways to correct Mr. Connolly’s notion. He was more open afterwards, than I would have expected.
Mark Meadows……WOW!
If I were going to try and write three recommendations, I think I would start with asking one question. Based upon what Rep Meadowns said about new approach to the financing of terrorism.
Why do the efforts to uncover tax evasion have to be linked to those other criminal issues (money laundering-for drugs, trafficking etc and for now, includes terrorism). Why couldn’t the approach be more exclusive?
Very impressed with Mr. Meadows. He called Ms. Bean out on a number of issues, and did not let her get away with anything. How can she compare FATCA to a 1090 tax slip which just reports interest earned???
@EmBee
You’re killing me today, and you beat me to the refried beans nickname. Well we all know the by-product of beans, don’t we.
No one mentioned that CRS doesn’t report on residents. FATCA reports on US persons EVERYWHERE!
Ms Bean-typical self centred HLer with not regard to anyone else.A real bull in a china shop.
Ms.Norton-should not be there. Suffering from everyone-is- a-potential-terrorist syndrome.
Mr Meadows-excellent.Very balanced moderator.Unfortunely, just good for true AMERICANS abroad.
This most likely will not resolve the issue for Amercans-only-by- chance or for un-Americans and how to divest oneself of US citzenship without extortion. That would be a issue for the USSC ,the institution that created the entrapment in the first place.
@George
Re 1), wouldn’t FATCA still be unconstitutional for US residents for the same reason that it’s a fishing expedition with no suspicion of wrongdoing?
@Patricia Moon, “Why do the efforts to uncover tax evasion have to be linked to those other criminal issues (money laundering-for drugs, trafficking etc and for now, includes terrorism). Why couldn’t the approach be more exclusive?”
Does Canada have robust AML and KYC rules to prevent terrorist financing?
If yes, why does the USA need to police accounts that are already being policed for terrorism?
FBAR is a relic of the awful 1970s!!!
FATCA is built upon and to support FBAR.
@Bubbles….homelanders need to fight that battle….we be outlanders united OU.
@George
Me the cynic wants to think that all of this is to keep people depositing their ill-gotten or undeclared earnings in America, and expats were an easier sell to get FATCA repealed.
For those who missed the hearing live, here’s the replay:
@George, re;
“Does Canada have robust AML and KYC rules to prevent terrorist financing?
If yes, why does the USA need to police accounts that are already being policed for terrorism?”
FATCAnatics Harvey said that including fighting terrorism as a rationale would make FATCA more palatable. I think I remember that the FATCAnatic Levin also urged that FATCA be used as tool wielded not just in terms of taxation, but in other types of enforcement – hence the ability for them to disseminate FATCA data without notice to the owner of the data and to agencies outside the IRS/Treasury as widely as they please, for use in all sorts of non-taxation related ways.
“… the FATCAfather Richard ‘Dick’ Harvey said that FATCA might be made more palatable if rationalized in terms of fighting terror, and not only confined to taxation ( “…Harvey suggests that Treasury and the IRS may want to increase coordination with Treasury’s anti-money-laundering/terrorist financing arm. Detailed customer due diligence may be easier to justify if it is being done for both tax and anti-terrorist or anti-money-laundering reasons” from ‘FATCA — A Report From the Front Lines’ by J. Richard Harvey Jr. https://ssrn.com/abstract=2122491 .”
http://isaacbrocksociety.ca/2017/01/26/our-isaac-brock-society-taking-stock-of-where-were-at/comment-page-2/#comment-7794033
I followed a link in the comment thread and got to watch as far as the recession. How to I get the other half? All the linksi have found only show the first half. Please help.
BTW: has Connelly ever been outside the US. He think they all have CBT and CARS reports according to citizenship. Ms. Bean, on the other hand, know the truth and the differences, she just hates us. Jealous of our freedoms?
@ UnforgivenToo
Here’s the part after the recess:
Thanks
@George
It seems like we’re doing all the homelander’s work for them.
Really liked Mr. Meadows. He well aware of the many constitutional problems, those he mentioned and the other for which there was no time to bring up, and thats what really gets under his skin. Not bad for a Homelander. Lifting to see that there really are some really good ones.
Ms. Baloney is kinda full of it (damn autocorrect). And she is supporting Americans abroad? She’s a compliance condor slave like the rest of that organization (it has changed, used to be the good guys).
To Ms. Norton: you “all got together” to pass HIRE; FATCA was just what you put in there to finance it though penalties.
Do US politicians not have to be even somewhat informed about the topic? The ranking member Connolly starting at 17:05 says that not only in the US – but that in “MOST” countries of the world, ” CITIZENS are taxed on the income they earn regardless of where it is earned. Wha? Only the US and Eritrea tax on the basis of citizenship. He didn’t say RESIDENTS. The rest of the world taxes primarily on RESIDENCE.
The Kool-aid drinkers continue to act as if the US is the center of the Universe and they don’t need to actually know anything about the rest of the globe – where the majority of human life forms actually reside.