Media and Blog Articles Open for Comments – Part 6 of 11 (Year 2019)
You can access all years at this link: Media and Blog Articles – Links for All Years
If clicking on a link brings you to the wrong page in the comment stream, click here to get to the most recent comments.
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. I’ll make a permanent list of links posted here and keep adding to it, 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.
Notes:
From JC: 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.
From Badger: On an important archival note, please use the Internet Archive Wayback machine https://archive.org/web/ (see bottom right ‘Save Page Now’ box to enter URLs of webpages you want saved for posterity, and try to save backup copies of articles and other items of interest in some other form – such as a datastick or external drive. Some important and very significant webpages and the fulltexts of articles are no longer available (although some can be retrieved if someone using the Wayback machine saved them).
Be sure to read the comment stream for this thread — there are usually very recent articles mentioned.
2019.12.15
Canadians travelling to or through the US should pay attention to their withering rights, H.M. Jocelyn, CBC News, Canada.
2019.12.12
EU revives issue of FATCA information exchange as year-end deadline for banks approaches, Helen Burggraf, AmericanExpatFinance.
2019.12.10
13 Reasons Why I Committed Citizide, John Richardson, TaxConnections.
US tax filing requirements that Americans living in Canada should know, David Altro and Avi Guttman, Globe and Mail, Canada.
2019.12.07
Confirmed – Rep. Holding to leave Congress at end of 2020, after reintroducing Tax Fairness for Americans Abroad Act, Helen Burggraf, AmericanExpatFinance.
2019.12.06
Trump is trying to make it took expensive for poor immigrants to stay, Annalisa Merrelli, Quartz, US.
2019.12.05
Revenue Neutrality And A Move To Residence-based Taxation: Open Letter To Democrats Abroad, John Richardson, Karen Alpert, Laura Snyder, TaxConnections.
What It’s Like to Retire Abroad, Glenn Ruffenach, Wall Street Journal, US.
2020.01.01: This thread is now closed. Please comment at Media and Blog Articles Part 7 of 7
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The Laugh’s On Us: How The Trump-Radical Republican Tax Cut Broke The Economy
Trump/GOP tax law is proving a bust, not the promised boon. It hurts many expats because, adopted w/o even one public hearing, it doesn’t integrate with routine foreign retirement savings laws. Speaking Friday at Toronto tax conf on this.
By David Cay Johnston, DCReport Editor-in-Chief
Thursday January 31st 2019
https://www.dcreport.org/2019/01/31/the-laughs-on-us-how-the-trump-radical-republican-tax-cut-broke-the-economy/
This is in part a result of a major discussion via Twitter with the gang and David Johnston. He was attacked for an earlier article in which he characterised all USP overseas as Fatcats. Some said basically how could he get it so wrong as he has won awards in journalism. He was probing and saying that no one was hurt by FATCA etc. There was lots of reaction. So the result is this article, largely an attack on Trump and TCJA yet sprinkled with the injustices against USP overseas.
Interesting…
https://www.linkedin.com/pulse/irs-says-hundreds-thousands-us-citizens-reporting-canadian-roy-berg/
Roy Berg drumming up business again
“Government Shutdown
January 22, 2018
Tax News
As of January 23, 2018, all Taxpayer Advocate Service offices have resumed normal operations.
Please be aware that due to the lack of an approved federal budget, all Taxpayer Advocate Service offices across the country are closed. No staff will be available to assist you during this time. Please check your local media for news about when our offices will reopen. We apologize for the inconvenience.”
Still no sign of the TAS Report to Congress for last year – which would ordinarily come out in January.
Further to the above, this is an update
https://taxpayeradvocate.irs.gov/news/taxpayer-advocate-service-offices-are-open?category=Tax%20News
Taxpayer Advocate Service offices are open
January 28, 2019
Tax News
As of January 28, 2019, all TAS offices are open.
From “REASON”
Are You a Woman Traveling Alone? Marriott Might Be Watching You.
How big hotel chains became arms of the surveillance state.
Elizabeth Nolan Brown | February 5, 2019
The gist of the story is that International hotel chains are participating in surveillance programs on behalf of the US Gov. Many important facts in the article but one really stands out for me.
From the article.
“It’s exactly the kind of vague invitation for snooping and snitching that will inevitably snare sexual activity between consenting adults, from sex workers and their customers to couples who doesn’t sit right with staff. In several recent high-profile cases, airline staff trained to “spot traffickers” have harassed interracial couples and families. When people are asked to use gut instinct to stop real but rare horrors, relying on racial stereotypes and other biases tends to rule”
Experienced this myself last Fall in Kyoto. A very large number of Western tourists and Japanese in Kyoto took a very uncomfortable interest in my son, obviously at least partially Asian and speaking Japanese, and myself, obviously absolutely nonasian and speaking English as we visited many places frequented by tourists. At one point I was on my way to one such group of goody do gooders to ask if they had a problem and to call the police if they did when I realized a potentially huge problem. How do I prove my son is my son? Have never experienced anything like this around Tokyo, where we live.
2019.02.04. “Appeal predicted, as Canada FATCA trial ends: ‘no matter who wins’,” Helen Burggraf, AmericanExpatFinance.
https://www.nytimes.com/2019/02/13/us/politics/money-laundering-europe-usa.html?action=click&module=Latest&pgtype=Homepage
“The Treasury Department was not provided any meaningful opportunity to discuss with the European Commission its basis for including the listed U.S. territories,”
Fun too: “It’s not a sanction,” said Laure Brillaud, a policy officer on money laundering at Transparency International in Brussels. “It’s just requiring banks to be more vigilant whenever they have to deal with customers from these jurisdictions.”
“The Treasury Department appeared to have been blindsided by the announcement. Shortly after the list was released, the agency issued a statement condemning the list as flawed and saying American banks should ignore any suggestions from the European Commission to apply greater scrutiny to transactions based on its list. The European Union can apply its rules only to banks operating in Europe.” Oh the irony!
Finally, the Taxpayer Advocate’s Report to Congress for 2018
https://taxpayeradvocate.irs.gov/reports/2018-annual-report-to-congress
Haven’t read it yet.
Looks like some potentially interesting content here;
“LR
#6
INTERGOVERNMENTAL AGREEMENTS (IGAS): Amend Internal
Revenue Code § 1474 to Allow a Period of Notice and Comment
on New Intergovernmental Agreements (IGAs) and to Require
That the IRS Notify Taxpayers Before Their Data Is Transferred to
a Foreign Jurisdiction Pursuant to These IGAs, Unless Unique and
Compelling Circumstances Exist”
https://taxpayeradvocate.irs.gov/Media/Default/Documents/2018-ARC/ARC18_Volume1_LR_06_IGAS.pdf
Not sure what this means, but something about FBARs;
FOREIGN ACCOUNT REPORTING: Authorize the IRS to
Compromise Assessed FBAR Penalties It Administers”
https://taxpayeradvocate.irs.gov/Media/Default/Documents/2018-ARC/ARC18_Volume1_LR_07_FOREIGNACCOUNT.pdf
“12
. Harmonize Reporting Requirements for Taxpayers Subject to Both FBAR and FATCA By
Eliminating Duplication and Excluding Accounts a U
.S . Person Maintains in the Country
Where He or She Is a
Bona Fide
Resident
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
25”
https://taxpayeradvocate.irs.gov/Media/Default/Documents/2018-ARC/ARC18_PurpleBook.pdf
No new Federal Register ‘Name and Shame’ list results yet for the last quarter of 2018
Quarterly Publication of Individuals Who Have Chosen to Expatriate
https://www.federalregister.gov/documents/search?conditions%5Bterm%5D=Quarterly+Publication+of+Individuals+Who+Have+Chosen+to+Expatriate&order=newest#
@badger
To that document on the IGAs
Oh, the hypocrisy of the US government!
It has no end.
Globe and Mail today.
https://www.theglobeandmail.com/investing/globe-advisor/advisor-stocks/article-proposed-tax-changes-could-have-a-big-impact-on-us-citizens-living/
badger says:
“No new Federal Register ‘Name and Shame’ list results yet for the last quarter of 2018
Quarterly Publication of Individuals Who Have Chosen to Expatriate”
The US government shutdown must have delayed it more than usual.
Cheryl, that Globe and Mail article is behind a pay wall for financial advisors.
Laura Snyder
@TAPInternation
This is my first Tweet as a new member of Taxpayer Advocacy Panel, representing US citizens living outside the United States. Looking forward to rolling up my sleeves and getting to work!
https://twitter.com/TAPInternation/status/1097921457626198016
Pls RT/Like & Follow!
Copied from Facebook: American small businesses for tax fairness Group.
Laura Snyder:
I have some news that I’m pretty excited about: I’ve been selected to serve on the IRS’s Taxpayer Advisory Panel.
For those who are not already aware, TAP is a federal advisory committee charged with providing taxpayer suggestions to improve IRS customer service. The Panel has about 75 members who are selected to represent each of the 50 states, Washington DC and Puerto Rico. In the past few years TAP has also included one member living abroad to represent international taxpayers. Clearly I’m that last type.
More specifically about the role of TAP members: They conduct outreach to solicit suggestions and ideas from citizens and serve on project committees working with IRS program owners on topics important to taxpayers and the IRS. The members participate in meetings and focus groups and develop and submit recommendations to improve the IRS. TAP members do not handle personal tax issues nor do they answer tax questions.
TAP members are volunteers – they are appointed for 3-year terms and are expected to devote 200 to 300 hours per year to panel activities.
I’ve just been selected and I still have a lot to learn about my role. But I’m very happy to have been selected and I’m looking forward to rolling up my sleeves and getting to work.
I’ll be back in touch when I’ve got more. In the meantime, I can be reached by email at [look on the Facebook Group] and I’ve just created a new Twitter handle for TAP and US taxation matters: @TAPInternation .
My comment on the above Facebook post: https://www.facebook.com/groups/americansmallbusinesses/permalink/616987308766087/
It seems like TAS is more about the fair and just administration of existing IRS rules, and nothing about if the rules are fair and just. However, TAS has pointed out unfairness of it all for USP overseas in their annual reports in the past. So, Laura you have about 8 months to suggest the international section of that report.
There needs to be a slam against Treasury’s skewed interpretation of the intent of Congress on the Transition Tax and GILTI ***meant for multinationals***, but Treasury says that they are to also apply to small businesses that operate wholly in one country. The reflex to over-regulate is clearly on display with this. IMO, a usurp of the powers of the Legislative Branch and with disrespect of those impacted.
I have an interest in the Tax Payer Bill of Rights, and what is missing.
May I suggest:
The Right to Minimized Compliance. This one should have penalties on government for excessive forms, time and cost inflicted. If compliance cost is above certain levels, then it should be treated as a credit and not an expense. Potential refunds to tax payers over excessive compliance then would provide incentive for government minimization of compliance. It seems like there is too much of a reflex to add more forms and pages. It appears no group is more impacted than USP overseas. The regs seem to assume that INDIVIDUALS overseas have compliance units, as companies have, to deal with it all. IMO, this is unfair and unreasonable.
The Right to a Simple and Easily Understood Tax System. For USP overseas: a definite fail! Who says TAS could not push back against Congress and Treasury?
It might be pointed out in the annual report: that USP overseas get zero resident services from the US in exchange for the double tax claim as also “residents” of the US, that 92.5% live in equal or higher taxing countries, and that after credits most don’t owe tax anyway. These factors have caused widespread uncomprehension of the tax rules, all not assisting with compliance percentages.
The rules with penalty for “foreign” are not easily comprehended, when one is resident in a country – many for years or decades – when what is penalized as foreign is in fact in one’s country of residence and not foreign to them. They should make clear that retirement vehicles in other countries are not to be considered “foreign trusts” if you live there. There is excessive application of PFIC when one is resident overseas.
Not open for comment, but interesting. Mentions FATCA, FAST (passport revocation/denial), CBT, etc. and the question of making a right of citizenship contingent on tax compliance…. Some Brockers might have see the author in person at a 2014 debate held in Toronto and sponsored by the ACA (’21st Century Taxation of Americans Abroad: Citizenship-based taxation vs. Residence-based taxation’ some video available though the Q and A portion and comments from the audience was not included https://youtu.be/RMiAMc4NLxA ).
Kirsch, Michael S., Conditioning Citizenship Benefits on Satisfying Citizenship Obligations (February 6, 2019). 2019 U. Ill. L. Rev. (Forthcoming); Notre Dame Legal Studies Paper No. 1920. Available at SSRN: https://ssrn.com/abstract=3330201
Another official moves from federal government to the banking industry of Canada.
https://www.nationalnewswatch.com/2019/02/14/former-liberal-cabinet-minister-scott-brison-joins-bmo-capital-markets/?fbclid=IwAR0yWcaH7LrqfMOlgXTpUFirQnGim1YOtdw3935TgNCMc9OJ7x7u2-_fw7I#.XHASgOhKihT
ICE removes UK national convicted of violating FATCA
https://www.ice.gov/news/releases/ice-removes-uk-national-convicted-violating-fatca#wcm-survey-target-id
ICE removes crooked banker convicted of failure to comply with FATCA.
CNBC Video: https://www.cnbc.com/video/2018/06/30/american-expatriates-taxes.html?_source=twitter|main
If you’re thinking of leaving America, here’s what it will cost thanks to this bizarre tax rule:
Originally posted 30 June 2018. Yet tweeted again by CNBC a few hours ago.
Pls RT/Like on Twitter: https://twitter.com/CNBC/status/1099538411042402304
That other US citizenship obligation:
https://www.telegraph.co.uk/news/2019/02/25/women-should-included-us-military-draft-judge-rules-case-brought/
Facebook, Twitter and even this site are like an echo chamber. While sharing information with peers is helpful, achieving change requires engaging with the broader world. John Richardson’s post on the Expatriation Act of 1868 has been published on TaxConnections. TaxConnections has a broader audience including many in the tax compliance profession. Please post your comments on the TaxConnections post (https://www.taxconnections.com/taxblog/the-usa-of-the-21st-century-is-like-britain-in-the-19th-century/) – observations or a short personal story – to help demonstrate the harm that comes from US policy towards its diaspora.