Liberty and justice for all United States persons abroad

The Isaac Brock Society

Media and Blog Articles Open for Comments – Part 3 of 11 (Year 2016)

You can access all years at this link: Media and Blog Articles – Links for All Years

 If clicking on a comment link brings you to the wrong comment, click here  to get on the most recent page of comments.(alternatively, to reach the most recent comment page, go to  the url in the bar at the top of your browser and delete everything after http://isaacbrocksociety.ca/media-and-blog-articles-open-for-comments-part-3-of-3  )

Media and Blog Articles

EmBee suggested that it would be good if there was a thread for new articles, so that people would be aware of where to comment. So, I created this permanent page.  You could mention such articles in the comment stream for this page, or if I see one on another thread, I can copy the link to here. I’ll keep adding to the list, but not deleting, so we’ll end up having sort of a  “bibliography” of FATCA/CBT articles.  [Note:  Some articles are not open for comments]

For more articles on FATCA, enter FATCA into Google then click on the link “more news for fatca” just below the most recent featured article.

Note also: JC suggests to see #FATCA on Twitter for latest breaking news. JC finds that is quite a good source and there even are some international articles that one may read using Google Translate.” Others may help certain tweets and articles remain in elevated position by retweeting them.

Be sure to read the comment stream for this thread — there are usually very recent articles mentioned there that aren’t on this list yet.

2016.12.29
Switzerland moves further to end bank secrecy, Financial Times, UK.
2016.12.23
How FATCA Infringes and Trammels our Statehood, Stephen Kangal, Trinidad and Tobago News, Trinidad and Tobago.
Barclay’s chief preparing to take a stand against US regulators over unduly high fines to European banks, James Quinn, The Telegraph, UK.
2016.12.22
Canada refuses to name bank that broke money laundering rules 1225 timtes, Mike De Souze, Robert Cribb & Marco Oved, National Observer.
Financial Intelligence agency gave bankers head up about money laundering disclosure, Mike De Souza, Robert  Cribb & Marco Oved, National Observer.
2016.12.21
US citizens may pay double tax on Kahlon’s child savings program, Michael Zeff, Jerusalem Post, Israel.
Applying to be Swiss in the Trump Era, Steve Krump,  SwissInfo, Switzerland.
2016.12.20
File That Tax, Boom Chicago, YouTube, Netherlands.
Tijuana City Councilman Faces US Money Laundering Charges, Sandra Dibble and Dana Littlefield, San Diego Union, US.
2016.12.19
Senate Report Finds IRS Agents Living Large on Public’s Dime, Guillermo Jiminez, Tax Revolution Institute, US.
AG to UNC: Come to Parliament first – a Joint Select Committee to deal with FATCA . . ., Ria Taitt, Daily Express, Trinidad.
Rand Paul criticizes framework of tax reform plan, Naomi Jagoda, The Hill, US.

Articles from earlier 2016 are at this link

Articles from 2015 are at this link

Articles from 2014 are at this link

Media and Blog Articles  thread, Part 1 of 3, is at this link.

Media and Blog Articles thread, Part 2 of 3 is at this link.

 

2,818 thoughts on “Media and Blog Articles Open for Comments – Part 3 of 11 (Year 2016)”

  1. @Charl, thanks for that. I had to laugh at this;
    “The U.S. Treasury Department remains ready and willing to continue to collaborate with the Commission on the important work of ensuring that the international tax system is fair, efficient, and predictable. “….
    http://www.taxjustice.net/2016/08/24/us-treasury-tax-war-europe/

    Just think of the US extraterritorial CBT, FBAR, FATCA, the exit tax, the last in time rule, the savings clause and the whole US shebang, and repeat; “…..fair, efficient, and predictable… “” and hear the US utter the phrase above – I dare you to do it without either spitting, vomiting, laughing/crying, or whatever…..

    And there’s;
    “The US has long been a laggard on beneficial ownership transparency, as its states compete increasingly aggressively with each other to offer the kind of anonymous company formation services that lay behind the Panama Papers.”

    Also links to;

    U.S. | Wed Aug 24, 2016 10:54am EDT
    Special Report: How Delaware kept America safe for corporate secrecy
    http://www.reuters.com/article/us-usa-delaware-bullock-specialreport-idUSKCN10Z1OH

    Let us never forget (which these articles strangely never point out) that current US VP Biden “… represented Delaware as a United States Senator from 1973 until becoming Vice President in 2009.”.
    https://en.wikipedia.org/wiki/Joe_Biden

  2. More on the US threatening the EU;

    ‘US warns Europe over plan to demand millions in unpaid taxes from Apple ‘
    https://www.theguardian.com/technology/2016/aug/24/apple-taxes-european-commission
    “……..the US warned that Brussels was overstepping its powers and becoming a “supranational tax authority”.

    Right. The supratnational extraterritorial US Treasury promulgator of FATCAnization of the world is claiming that Brussels is “overstepping its powers”?

    Same old hypocrisy from the US:
    “..The US Treasury warned that American taxpayers could end up footing the bill if the commission goes ahead and demands back taxes from Apple and other US companies as the firms may be able to offset the EU-demand taxes against US tax payments. It described this potential outcome as “deeply troubling, as it would effectively constitute a transfer of revenue to the EU from the US government and its taxpayers”..”..

    The US has no objection to sticking the entire globe with its bill forever and ever for US and claims first right to tax and claims people and assets outside the US with no economic relationship to the US over the entire globe as “US taxable persons” (via savings clause, extraterritorial US CBT) FATCA, etc.) yet complains about a potential burden on US taxpayers if the EU pursues US corporations operating in the EU for taxes?

    https://www.theguardian.com/technology/2016/aug/24/apple-taxes-european-commission

  3. “TEBA”, or “Tax Earned by Audit”, is why tax agencies go after domestic minnows over offshore whales.

    Should the cash-strapped IRS subscribe to TEBA, there is certainly reason to believe that offshore minnows won’t be worth their bother.

    “Everything is about Teba, and with global income it can be very low, because the cases are so complicated, and they [CRA] hate going to prosecution,” the auditor said. “That’s why we end up beating up on the little guys instead, who run gas stations and small businesses, the ones who will put up the least resistance.”

    http://www.scmp.com/news/world/united-states-canada/article/2008684/canadas-tax-agency-out-blood-not-global-income

  4. I think the treasury thing really shows you where the US sees itself.
    Who gets the primary taxing right for a US company earning money in the UK? Well it’s the UK absent something in the tax treaty. The US is in slim company trying to tax the earnings in the UK but it’s a secondary. We see it arguing that it’s a primary. So money earned in the US the US has first grabs at and the money earned abroad it gets first grabs at too.
    You get there easily if you think the US owns the corporation or the citizens.
    Quite amazing.

  5. @badger

    I’m surprised the US Treasury doesn’t view the FEIE as cutting into their tax base, after all a US person’s primary tax allegiance is to the US! When it comes to its non-residents, the US Treasury is not too proud, or rich to take ‘sloppy seconds’ – just as long as they get something.

  6. @Bubblebustin,
    I think it would be great if they take away the FEIE. Then we are going to see the expatriation rate sky rocket or US citizens working abroad virtually stop. The FEIE just lets them limit the number of people they hurt so they can’t gang together to do something about the mess.

  7. @Neill

    The FEIE really does help keep a lid on the whole sordid affair, especially when CBT is perceived as only affecting rich people – doesn’t it?

    Oh, and those people renouncing? They must be rich to be able to afford that renunciation fee! Why can’t the US make money off of those bad people, after all they owe the USG for everything they have. Talk about having the door hit you on the way out!

  9. @bubblebustin, I am sure that the US Treasury DOES consider the FEIE as siphoning off ‘their’ tax base.
    And US politicians have tried to get rid of it before. I find lots of prior good posts here at IBS and elsewhere good to revisit from time to time as a refresher ex. http://isaacbrocksociety.ca/tag/foreign-earned-income-exclusion/ Ex. https://www.americansabroad.org/feie-another-proposal-to-get-rid-of-foreign-earned-income-exclusion/

    I think that the late Roger Conklin often commented on the attempts of the US to strip those ‘abroad’ of the FEIE, ex. https://isaacbrocksociety.wordpress.com/2012/01/29/the-tail-that-wags-the-cow-roger-conklin-on-past-lobbying-efforts/

    @Neill, I think you’re right – and the FEIE functions as part of the ongoing attempts to make US extraterritorial CBT abuse of those ‘abroad’ just ‘comfy’ enough to keep those affected from – as you say – “gang together to do something about the mess” or just refuse to comply – if one is already under the radar and now, also invisible from FATCA due to non-US birthplace, non-registered birth, etc.

    Since the FEIE only covers some types of income deemed to be ‘earned’, it actually doesn’t work as advertised or as people like me assumed when I first heard of it – or as many incensed US homelanders try to claim when they complain in total ignorance of our full locally tax compliant status outside the US that those deemed taxableUSPs outside the US “don’t pay any taxes”. In error, at first I thought the FEIE meant I didn’t have to file and wouldn’t owe any US tax as long as I ‘earned’ less than the threshold – which was easy for me – I’d never reach that in wages. I didn’t know about FBAR, 3520, and all the other pitfalls and mines, or the impact after retirement when income isn’t from wages ……

  11. @Neill: “For the first time ever I think I agree with some of the stuff the tax justice network says”

    I had the same reaction. I shook my head and blinked twice when I saw who wrote it. If only they could use these same rhetorical talents to demand actual tax justice for US persons outside the Homeland.

  13. Thanks for the comment, Cheryl. Both the lawyer — and you in saying so — are right…

    The lawyer representing the (Afhganistan war) veterans, Don Sorochan, agreed with LeBlanc on at least one point: People have been going to court more often because they are frustrated with either the system or the lack of accountability from institutions.

    “The real problem is that there is no ongoing access to justice for citizens who are affected by government decisions on a daily basis, and that nothing happens to correct these injustices until there is a huge problem that justifies the bringing of a large and potentially expensive action against the government,” he said Thursday.

    But Sorochan also suggested the federal government is often its own worst enemy when it comes to this train wreck of litigation.

    “I do not believe this is a matter of one government or another,” he said. “Unjust actions take place because bureaucrats know that few can challenge the decisions and that the Department of Justice will be there to stonewall for them.

    … using Canadian taxpayer revenue to do so.

  14. “…. he assured me that when the proper forum is provided to him, he will fully explain this situation,” Thompson [Rep. Bennie Thompson (D-Miss.] said. “Until such time, I trust that everyone will afford Mr. Avant the presumption of innocence to which all Americans are constitutionally entitled.”….”.
    http://federaltaxcrimes.blogspot.ca/2016/08/congressional-staffer-charged-with.html
    Thursday, August 25, 2016
    Congressional Staffer Charged with Failure to File (8/25/16)

    Except for those ‘abroad’ subject to FBAR and FATCAnization.
    Who are by default denied “…the presumption of innocence to which all Americans are constitutionally entitled.”….””

  17. As @Bubblebustin noted on another thread;
    http://www.taxmonger.com/2016/08/22/the-escape-hatch-expatriation-1/#axzz4IeJ3AVbc

    Note, FWIW, the website author also has this paper on SSRN – fulltext available
    http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2827716
    ‘The Escape Hatch (Expatriation): The Roots and Fruits of Section 6039G’
    Erin L. Fraser
    Independent
    August 22, 2016

    There is also a newish one by Peter Spiro
    http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2807898

  19. Another opportunity to yell into the abyss. This was posted on the American Expats FB site:

    My name is Dan Johnson with the Tax Revolution Institute. You may have heard of our primary initiative, Audit the IRS, where we are collecting stories from people affected by America’s tax collectors.
    As we are looking more into FATCA and the impact it has had on Americans overseas, we’d like to get some stories from you all, and more importantly, we’d like to know how we can help.

    From a political perspective, repealing FATCA is a tough proposition. Most American politicians only care about who votes for them or doesn’t, and few care about Americans overseas because there is a strong feeling they you don’t vote in US elections. This makes it doubly hard for any organization who wants to take on FATCA through Congress, since there is little political will in the US and they don’t often listen to pressure overseas.

    FATCA is also a difficult proposition to take on in the court system, due to the U.S.’s high summary judgement standards. As you have probably seen, James Bopp’s lawsuit against FATCA was thrown out of district court on lack of standing and, even though they will appeal, it seems unlikely they will reverse that ruling.
    So what courses of action can we help you take? We are open to helping in any way we can, legally, legislatively, and to get the word out. Let us know.

    This is their site (it seems they began some time in early July 2016): https://taxrevolution.us/about/

    Also Virginia La Torre Jeker mentions this group: http://blogs.angloinfo.com/us-tax/2016/07/17/americans-abroad-nows-your-chance-to-audit-the-irs/

    Here is one article open for comment: https://taxrevolution.us/why-american-expats-are-renouncing-citizenship-like-never-before/

  20. Jim Jatras has some more choice wordes about SCE (Same Country Exception) …
    http://www.repealfatca.com/index.asp?idmenu=4&idsubmenu=325&title=will-american-expats-miss-this-years-historic-opportunity-on-fatca-and-rbt-by-chasing-a-same-county-exception-mirage

    Even worse from expats’ perspective, SCE (if it happened) would make adoption of RBT less likely (“Hey, we fixed your damn problem – now shut up!”). Finally, by supposedly “taking care” of expats, the “canary in the coalmine” when it comes to FATCA, SCE would signal a decisive abandonment of any hope of getting rid of a massive, invasive, expensive, and counterproductive pillar of the global surveillance state and set the stage for “global FATCA”: GATCA.

  23. Minister Morneau to hold media availability with Asian Infrastructure Investment Bank President.

    http://www.fin.gc.ca/notices-avis16/2016-08-30-eng.asp

    A refresher on the AIIB:

    Europe’s four top powers have now broken ranks with Washington in moving to become founding members of the Asian Infrastructure Investment Bank,” write Wall Street’s Andrea Thomas and Charles Hutzler. “The decision is expected to spur other US allies to back the potential challenger to the World Bank and the Asian Development Bank, where Washington has significant influence.””

    http://www.forbes.com/sites/panosmourdoukoutas/2015/03/18/by-the-time-china-launches-aiib-america-will-have-lost-count-of-its-true-allies/#32f253878348

  24. Back in April (about the 19th), Stephen Kish gave us this update:

    [THANKS to Bubblebustin, LM, and GwEvil for helping to find witnesses our litigators feel will be helpful. Although they do not likely read Brock, thanks also to the owner, editor, and friendly staff of the Stanstead Journal (founded in 1845) for placing witness ads for three weeks and refusing to charge me a penny. Canadians who cannot volunteer can help by finding those who will.]

    http://isaacbrocksociety.ca/2016/03/09/canadian-fatca-iga-litigation-update-we-need-more-canadian-witnesses/
    Turns out Stanstead, Quebec was featured tonight on the CBC show called “Still Standing”. Of course Jonny Harris didn’t mention dual citizens (there are many in Stanstead) but if you’d like to get to know this little town better you can watch this episode here:
    http://watch.cbc.ca/still-standing/season-2/episode-10/38e815a-00a1d5dc3d2

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