FATCA and France
Posts on The Isaac Brock Society website concerning FATCA and France
For articles on other websites, see Media and Blog Articles
For general discussion of FATCA, see FATCA Discussion Thread
And for a group specifically focused on France, see l’Association des Américains accidentals website
07: Lawsuits involving FATCA and aspects related to U.S. citizenship-based taxation
31: READ Le [15 Mai 2019] rapport sur les impacts de la législation fiscale américaine à caractère extraterritorial sur les citoyens français dits “Américains accidentels” est désormais disponible sur le site de l’Assemblée nationale — AND COMMENT
18: More Recent Anti-U.S. FATCA/CBT Activity in France, Netherlands, and Canada by Government Officials
14: AmChan RO & DA September 2018 London Paris Frankfurt
24: Fabien Lehagre on France’s TV5
18: Accidental American “I Live Hell. I Had to Give up my dual Nationality. (i.e., Renounce my U.S Citizenship)”
Dual Citizens of Sweden, France, Netherlands, Denmark & Canada take note! Your Country WILL NOT Collect for the U.S.
11: Good News from the French Commission
27: Pushback to #FATCA in France, Italy, Holland & Israel
29: Solving U.S. Citizenship Problems Sat, Mar 5, 2016 PARIS France
14: France imposes American-style “saving clause” on Andorra
02: France chafes at US $10 billion “masterful slap”
16: French Finance Minister Moscovici STRONGLY endorses FATCA
31: News From Europe: French Constitutional Council Rejects 75% Tax on Rich
18: Maclean’s Magazine: Belgium rejects France’s push to tax French citizens living in Belgium
09: France Taxes America: The Robin Hood Tax
18: ING France’s message to USA: “FATCA? Thanks but no thanks.”
Just plugged that article in for a translation and I have to say WELL DONE to the 150 demonstrators. CBT/FBAR/FATCA is a variation of warfare and we need peace for all those living outside the USA who are deemed “US tax residents” and therefore targets for asset tapping.
Petition on FATCA: Debate – 21.02.2019
06-02-2019 – 15:01
Complying with the US Foreign Account Tax Compliance Act, USA patriotic old flag on a stars with weathered wood background with text FATCA
The Committee will discuss a petition raising concerns about the effects of the US Foreign Account Tax Compliance Act (FATCA) and its implementing intergovernmental agreements on dual EU/US citizens and on so-called “accidental Americans.” Accidental Americans are EU citizens whom, by an accident of birth, inherited US citizenship, but who maintain no ties to the US, have never lived, worked or studied there, and do not hold US social security numbers.
The main issues raised in the petition concern the alleged infringement of EU privacy and non-discrimination rights as well as the extraterritorial impact of citizenship-based taxation.”
Meeting agenda and documents
NOTICE TO MEMBERS – Petition No 1088/2016 by Mr J.R. (French) on the US’ Foreign Account Tax Compliance Act’s (FATCA) alleged infringement of EU rights and the extraterritorial effects of US laws in the EU
Date : 04-02-2019
PETI_CM(2019)607954 PE 607.954v03-00
Documents in dossier PETI/8/10404
Thanks for your recent posting. Is there anything new in J.R.’s petition? Is it being revisited?
Apparently the Commission has revised its response again, and the latest revision includes mention of a fact-finding mission by “the data protection authorities” to the Member States in 2019.
“the data protection authorities will launch a fact-finding exercise in 2019 in order to further clarify the situation in the Member States”
Oh dear, another obvious outcome. Will the fact-finding exercise illustrate the following?…
I think not…
Unfortunately, I think the “data protection authorities” are likely to find that all is well. 🙁
However, I may be being over-pessimistic. Here’s the blurb about the data protection authorities:
If I remember correctly, the French litigants are fighting FATCA on grounds of IGA non-reciprocity. They ought to have considered the GDPR breach as well.
I think the legal case is about discrimination and the GDPR as well as non-reciprocity.
@Duality, apologies, didn’t respond because I hadn’t been on for a few days.
Thanks @plaxy for weighing in. At first I couldn’t see what was new about the latest on JR’s petition, but then saw what you described, re “..“the data protection authorities will launch a fact-finding exercise in 2019 in order to further clarify the situation in the Member States”…”.
I search the EU site using the keyword ‘FATCA’ or J. R’s petition # from time to time just to see if anything new has popped up (though I find the results confusing to sift through sometimes).
I wish them luck. It’s really admirable and impressive (IMO) the way they’ve gone about things, launching the petition, winning the support of Parliament and now the legal action approaching.
Whatever the outcome, the AAAs have certainly made the case, clearly and effectively, and got it on the EU record. I thank them.
I agree. I believe that numbers must have also played a role in their successful campaign. The Accidental American community in France is unarguably much larger than in the smaller Member States so is able to support such an initiative. Our fellow Europeans here should laud them for their progress, which may eventually lead to the European Court of Justice.
I read somewhere that the group has 680 members, which doesn’t seem all that large. They just seem to be very well organised, and knowledgeable (or well advised).
“…which may eventually lead to the European Court of Justice.”
“I read somewhere that the group has 680 members, which doesn’t seem all that large.”
Probably so, but it is believed that there are many more thousands across France who are unaware or may just be bystanders. (I was active years back in corresponding but was never a member of any group; I’m now a bystander due to a busy life.) The commitment and organisation shown by the 680 has paid off. I imagine it would have been tenfold more difficult, say, in Hungary…
The GDPB statement (https://edpb.europa.eu/sites/edpb/files/files/file1/edpb-2019-02-12-25-fatca_statement_en.pdf) says “legally binding instruments do not require specific authorisation from a supervisory authority.”
‘Accidental Americans’ in France file discrimination lawsuit’
Who are France’s ‘accidental Americans’ and why are they suing big banks?
4 April 2019
US tax authorities admit to ‘wrongly collecting millions of dollars’ from Americans in France, The Local, 17 June 2019.
US Citizens in France Win 7-Year Fight With the IRS, Gregory Viscusi, Bloomberg News, US.
France sued by ‘Accidental Americans’ over Fatca
By Cristian Angeloni, 4 Oct 19
It seems that French banks at this present time may be especially busy checking account holder information. Anecdotal évidence specifically that Société Général may now suddenly be asking for Birth Certificates from long-standing customers, where typically a copy of ID and proof of address were asked for every 5-10 years or so. Does anyone have any further information?
I live in Switzerland and renounced my US citizenship back in 2012. I also have had a French bank account since 2010 opened with a non US passport. I have never been asked to re certify until now. I also had to show them a birth certificate ( non US birth place) but I had my cln ready just in case. I asked why they needed to recheck all my criteria and was told that post Covid they have mountains of paperwork on desks and they are moving to a new digital system…. Yeah right!