Here is some very recent activity from some members of the Government of three countries, France, Netherlands, and Canada — all making an attempt to protect their citizens from U.S. FATCA/citizen based taxation control. Compare the words used by the French/Dutch officials to those of the Canadian Finance Minister. See links for details:
FRANCE:
From Bloomberg (May 15, 2019):
“France should renegotiate its FATCA tax treaty with the U.S. and consider unilaterally pulling out if it can’t win concessions to protect dual nationals, a French parliamentary report said…which was co-written by a deputy from President Emmanuel Macron’s party and one from the center-right opposition…”
NETHERLANDS:
From DutchNews.nl (May 16, 2019):
The Dutch Tax minister Menno Snel says: “This week I spoke to a number of Dutch people who experience problems because of the American FATCA regulations…They are confronted with high costs and red tape, while they did not even realise they are liable for tax in the US…I am going to do my best to try to find a solution for these people while I am in Washington…”
Some comments on the Netherlands report on the American Expatriates FB site:
“Who knew the French and Dutch were so awesome!” “I’d love to say this gives me hope for Germany, but nope, German politicians are well aware of who their financial master is and are quite eager to engage in kowtowing.” “There are more Americans in Canada [what the writer might have meant to say instead: “Canadian citizens deemed by the United States to be U.S. citizens — being “deemed” by a foreign country does not necessarily make it so”] than anywhere else, and little pushback in general to FATCA, probably because bank accounts aren’t being closed. What pushback there is through the courts which the government is fighting us over.”
CANADA:
From American Expatriates FB (May 21, 2019 letter from Finance Minister):
Canada is a proud supporter of FATCA, spending lots of money to defend itself in Plaintiff Gwen and Kazia’s kill FATCA IGA lawsuit now in Federal Court; however, in a May 21, 2019 letter to a Canadian citizen/resident, Finance Minister Bill Morneau explained his (modest) efforts in trying to reduce the impact of the horrific U.S. “transition tax” on affected Canadian citizens. Some excerpts:
“Dear Ms. XXX:
Thank you for your further correspondence … expressing your concerns regarding the transition tax on foreign earnings introduced by the U.S. and the impact of this tax. I want you to know I understand your frustrations. This is an issue we have heard about… The tax can put significant pressure on your financial situation.
“…Canadian officials have discussed this issue with U.S. officials on several occasions … Some actions have been taken… extending the deadline for people to elect to pay … in installments, allowing an additional year to pay….
…Our Government has taken steps … to make life in Canada more affordable — starting with a tax cut for the middle class… investments in families, seniors, [etc. etc.]
… Bill Morneau”
[Finance Minister of Canada]
Some comments on the Morneau letter on the AE FB site:
“On the upside, you got an actual response. On the downside, it’s a rather poor consolation to hear that one of the “actions taken” is an extended deadline for payment, installments, and an additional year. Big deal!” “Only politicians can spew so many words without actually saying anything”
Another consideration for Human Rights! We uphold these as Canadians better than Americans!
https://www.lgbtqnation.com/2019/05/trump-administration-denying-citizenship-kids-gay-parents-theyre-born-abroad/
This French and Dutch news is wonderful! Good to see government officials taking some action. I’m sure the fellow going to Washington will get the brush off but at least he’s going to bring it up. Wish it was a full scale revolt but I’m grateful for ANY recognition of the plight of the accidentals (and all the rest of us!)
The German government acts all tough to the US government, but in reality the German government is the US government’s b**ch. Our German leaders happily bend over backwards and take it like the whores they are from the US Nazis. Everything the Nazis wanted to accomplish in the 30’s and 40’s, the US has accomplished. We do need a world revolt against the US government and if our government refuses to take on the US then we need to first revolt against our government.
While other countries are at least trying to against US’s stupid law, those politicians in US are doing nothing for their citizens.
If anyone do still remember the so-called 2016 Republican platform, repeal the law is included.
What actions have they taken so far? LOL
Hi Canadians,
Well the news about the French Assembly threat to repeal FATCA might sound wonderful but I very doubt it is going to happen for all sorts of political reasons.
In fact, I very much doubt any EU country be it France, the NL or any other will repeal FATCA single handedly. (I, of course, hope to be wrong). In our case, the EU is the way to go, not easy but with patience, doable. Not easy because IGA’s are bilateral treaties and not a multilateral treaty with the EU.
But the threat of the National Assembly can be put to good use however. As you know, the Americans are extremely suspicious of the French and find us unreliable and unpredictable at best. This prejudice should be put to full use by the people who work for us in Washington. If a prejudice can be useful, let’s go for it!
Which leads me to this: I have tried on several occasions to get in contact with administrators but no luck. My emails have gone unanswered.
We have made a discovery in Europe that is not good for the future of FATCA in Europe we think.
We would like to share it with Stephen Kish for example to see if you have checked if you see the same thing is happening in Canada. If it is, we would be surprised if it were not equally illegal under Canadian law.
Could someone get in touch with me please so we can talk about it?
A bientôt,
Hi Frenchie Here,
Re: “Which leads me to this: I have tried on several occasions to get in contact with administrators but no luck. My emails have gone unanswered.”
I don’t think I have heard from you. Sorry if you wrote to me and I missed it. You can get in touch with me at pacifica at isaacbrocksociety dot ca. I’ll be sure to reply and I’d be happy to pass your message on to Stephen.
Hello Frenchie Here,
You can reach me at Stephen dot Kish dot Chair@adcs-adsc dot ca
Yes, Canadians would of course be interested in knowing all violations of Canadian law because of FATCA. Our lawsuit in Federal Court (decision soon?) focuses on Charter violations of privacy and discrimination, and loss of our country’s sovereignty.
Bonne chance with the anti-FATCA efforts from France,
All the best,
Stephen
Hi Stephen,
Many thanks for getting back to me so quickly.
I will send you a short summary this week of something we have observed in Europe and know is illegal there though we are yet awaiting to see how we could best take it to the heart of Europe and stop this FATCA mess asap.
With “luck” – so to speak – the same thing is happening in Canada and is also actionable.
As for the anti-Fatca effort in France or better yet in Europe, I think we all should keep in closer touch and communicate more often to give each other’s ideas and coordinate things perhaps?
In short, we should create more of a transatlantic synergy between Europeans and Canadians. I feel at times this is sorely missing and yet could be very constructive.
A bientôt later this week,
Hi Frenchie Here,
We in Australia would also be interested in your discovery. You can reach me at karen@fixthetaxtreaty.org
Best of luck with your efforts in France and the EU. We are watching with interest from down under.
Kila !
You are correct and I have bee in my Congresswoman’s Office personally as well as in writing, to point out that it is on PAGE 13 ! And they have done,………. F%@*k ALL About that too! Tax Cuts for the wealthy and Billions of Additional Dollars in Corporate Welfare were the priority in the so called TWO “Tax Reforms” by the administration !
https://prod-cdn-static.gop.com/media/documents/DRAFT_12_FINAL%5B1%5D-ben_1468872234.pdf
From that page! “The Foreign Account Tax Compliance Act (FATCA) and the Foreign Bank and Asset Reporting Requirements result in government’s warrantless seizure of personal financial information without reasonable suspicion or probable cause. Americans overseas should enjoy the same rights as Americans residing in the United States, whose private financial information is not subject to disclosure to the government except as to interest earned. The requirement for all banks around the world to provide detailed information to the IRS about American account holders outside the United States has resulted in banks refusing service to them. Thus, FATCA not only allows “unreasonable search and seizures” but also threatens the ability of overseas Americans to lead normal lives. We call for its repeal and for a change to residency-based taxation for U.S. citizens overseas.”
[Yes, I might have meant something like that :-)]
I wonder how Democrats Abroad France is reacting to this development with DA’s Same Country Exemption for FATCA and all.
There is some movement in Belgium too, apparently, though not very strong yet.
By the way, not sure where to post this: I have noticed 2 things at my banks last week and today. At one bank I opened an account for the company I’m starting. It had a list of items about me, my name, and also my citizenship. To my horror it stated (correctly, but I had never told them) that I was also a US citizen. However under “tax residence” it said just “Belgium”. I wonder if this means they don’t consider me reportable as a US Person…
At the other bank, I needed a certified cheque this morning and they asked to read my electronic ID card. I usually say I don’t have it, but today I sort of mechanically handed it over. The person at the counter slipped it into the computer, and then, apparently, a message for her popped up. She then asked me: “where is your tax residence?” I answered “Belgium, only Belgium” and she apparently checked the box and moved on. Not sure what to make of this.
Fred B,
Hi Fellow European,
Are you active in the anti-FATCA movement in Europe/Belgium?
We are looking for Belgian friends, preferably near or in Brussels. (the EP and the Commission if you see what I mean..)
With the European elections next Sunday we are losing at least 3 important allies, not least Cecilia Wikström ,who headed JR’s petition and was very sympathetic to us. And that’s a bummer…
We are firm believers that the most likely favorable outcome for duals is at the European level for all the obvious reasons.
And if Europe or Canada fall one or the other will follow!
If you are or plan to become active in this fight, please let me know.
We can join forces for the best.
Thanks to our Canadian friends for letting Europeans meet on isaac.
Hope you don’t mind this little European twist…
But after all, wherever we are, we all have a dog in the fight.
Encore merci beaucoup aux Canadiens.
Hi Karen,
Made a note of your email.
You will be CC’d to my memo this week to Stephen as well.
Let us cross fingers and hope this idea works somewhere or better yet,
Everywhere and
Ciao FATCA!
Perhaps France pulling out will be a new Domino Theory for the IRS. Once France goes, others will follow.
Let us hope.
Don,
The Domino theory is all very good but as I said, I don’t think France will go it alone.
We need to force the European Commission to act and we are working on it.
If the 28 country of the EU go, that will make for an even better domino effect.
At least, it is our view…
Frenchie Here: I’m not sure I’m allowed to give my email here publicly. Should an administrator be kind enough to forward my mail to you that would be great.
@ Fred (B),
I forwarded your e-mail address to FrenchieHere. Glad you’ll be getting in touch. Bonne chance en succes in the fight against FATCA in Europe!
@ All,
Yes, it is allowed to put one’s own e-mail address on the site. A person can also post asking us to send their e-mail address to someone, as Fred did in his comment, or can e-mail a moderator asking them to send their e-mail address to someone. Whichever the person prefers. You can also request another person’s e-mail address by any of these methods. If someone requests your e-mail address, we always ask for your permission before sharing it with them.
@pacifica777 Thanks for your ongoing support.
Pacifica: many thanks.