— U.S. Citizen Abroad (@USCitizenAbroad) July 12, 2017
Courtesy of Andrew Grossmann · @andygr
28th May 2017 from TwitLonger TwitLonger
This is a transcript from the FATCA Hearing held in Washington D.C on April 26, 2017.
I think it is interesting to actually read the testimonies that we heard that day. Some of the more striking aspects seem even more shocking and the mistakes stick out like sore thumbs……………..All emphases are mine – Patricia Moon
ON Lawyer remains in Poland as Law Society files notice of motion 4 interlocutory suspension or restriction https://t.co/1m7XIbGikk
— nobledreamer (@nobledreamer16) May 19, 2017
While this particular post is not about a tax-compliance professional per sé, it IS about a person with whom many of us have had interactions and from whom we have been assured we WILL BE CAUGHT in one way or another. Given that, I find it extremely ironic to come across what follows in this post. How many of you who have paid a retainer or left any other type of funds when using a lawyer, ever worry about that person absconding with it?
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 While we all want FATCA repealed, maybe for the sake of compromise, we could at least try the same……………….
Updates April 25, 2017!!
TESTIMONIES OF WITNESSES FOR TOMORROW’S HEARING ARE HERE
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
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.
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
Tim just provided to me these Canada Revenue Agency (CRA) documents (some last modified 3/22/2017) on implementation of the new Common Reporting Standard (CRS). You can imagine how the Government will use this in FATCA litigation.
Please look through these documents and their links. Anything unexpected?:
“…The automatic exchange of financial account information with the United States (U.S.) exists under the Canada-U.S. intergovernmental agreement for the Enhanced Exchange of Financial Account Information with respect to taxes signed on February 5, 2014.
Canada’s automatic exchange of financial account information arrangements with jurisdictions other than the U.S. has been implemented in accordance with the Common Reporting Standard (CRS). The implementation of the CRS legislation is effective July 1, 2017.” See link.
“…Under the CRS, financial institutions must take steps to identify certain accounts held by, or for the benefit of, non-residents and to report such accounts to the Canada Revenue Agency (CRA). The information would then be available for sharing with the jurisdiction in which the account holder resides for tax purposes under the provisions and safeguards of the Multilateral Convention on Mutual Administrative Assistance in Tax Matters or the relevant bilateral tax treaty.
On December 15, 2016, Part XIX was added to the Income Tax Act, implementing the CRS due diligence and reporting obligations in Canada. This legislation together with the administration by the CRA will allow the CRA to exchange financial account information with participating jurisdictions beginning in 2018…” Link
“Declaration of Tax Residence for Individuals – Part XVIII and Part XIX of the Income Tax Act If you are an individual and you are planning to open a financial account or if you already have a financial account with a Canadian financial institution, it may ask you to fill out this or a similar form.
Canadian financial institutions are required under Part XVIII and Part XIX of the Income Tax Act to collect the information you provide on this form to determine if they have to report your financial account to the Canada Revenue Agency (CRA). The CRA may share this information with the government of a foreign jurisdiction that you are resident of for tax purposes. In the case of the United States, the CRA may also share the information with that country’s government if you are a U.S. citizen…
Section 2 – Declaration of tax residence
Tick all of the options that apply to you.
— I am a tax resident of Canada. If you ticked this box, give your social insurance number.
— I am a tax resident or a citizen of the United States.
If you ticked this box, give your taxpayer identification number (TIN) from the United States. If you do not have a TIN from the United States, have you applied for one? Yes No
— I am a tax resident of a jurisdiction other than Canada or the United States.
If you ticked this box, give your jurisdictions of tax residence and taxpayer identification numbers…”
— U.S. Expat Canada (@USExpatCanada) March 8, 2017
As many Brockers have stated, they don’t do FB; one thing that has happened over the last year is the ADCT site has built connections with many of the expat FB groups and/or pages. My comments about “A Blast From the Past” applies to something happening over there (not here). For whatever reason, it seems they do not come to Brock and so miss out on a lot of the great stuff that is available here.
That said, after reading this when it went up, I thought the original post was just too good not to repost. And given it is now nearly 4 years old, there’s a good chance newer Brockers have never come across it.
from the ADCT blogsite
March 7, 2017
Today I’ve decided that I would like to go back and reblog some of the best expat posts from the last five years. For lack of a better title, I am going to call it the “A Blast From the Past Series.” This week I am going to focus on the disconnect between law and morality.
Every now and then I realize that people are still coming into awareness and that they do not realize a lot of what has gone on; how long some of us have been involved in this and most importantly, why some of us are so vehemently resistant and unyielding when it comes to evaluating the U.S. government, the tax compliance industry and so on. I guess some of us are afraid that this long period of lassitude may give a false sense of “safety.”
Without resorting to outright fearmongering, there are a number of things that may not happen (tax reform) or that will change (discontinuation of the Streamlined Program) etc. Our main reason for being involved in this from the very beginning, was to get the word out, to do our own research/take responsibility for educating ourselves and others about this hideous situation. I think it is important for people to understand how this situation has played out since the beginning……..
One of the worst aspects of everything happening today is the growing lack of morality in the world. I mean this in the “big” sense of the word; something which is on the mind of every human being as we watch America turn from being an open and welcoming society into one moving toward closed borders, over-the-top surveillance, etc. Today the Secy of Homeland Security literally said he was considering separating (illegal) parents from their (American-born) children. Unbelievably cruel and totally unnecessary. And the reinstatement of the “travel ban” which has been tweaked a bit but cannot possibly be seen for anything except what is clearly is – a move to keep Muslims out of America.
What does this have to do with us? Everything. Because when you see your government behaving like this, you are forced to evaluate two things:
1) Can YOU trust them?
2) Is there any reason to reject them/protect yourself given the unusual situation expats find themselves in?