Liberty and justice for all United States persons abroad

The Isaac Brock Society

Media and Blog Articles – Part 1 of 11 (to 26 May 2015)

You can access all years at this link:

http://isaacbrocksociety.ca/media-and-blog-articles-links-for-all-years/

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” too.  [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.

26 May 2015:  This thread is now closed.  It continues at Media and Blog Articles Open for Comment, Part 2 of 2.

2015.05.26

New Survey finds US expat voting could impact 2016 Presidential Election, Greenback Expat Tax Services, NASDAQ GlobeNewswire.

This congressional committee wants to hear all your FOIA gripes, Colby Itkowitz, Washington Post, US.

The black money recovery skills of IT department are nothing to write home about, Vivek Kaul, The Daily Reckoning.

2015.05.25

The Intersection of US Federal Tax Law with Collection of International Information- – Including Other  Federal Agencies, Patrick W. Martin, TaxExpatriaation, US.

2015.05.23

America the not so brave:  America has led the global assault on tax dodgers and their enablers.  But the reality still lags behind the rhetoric, The Economist, UK.

Cash Banned from Chase Safe Deposit Boxes, Matt Chilliak, Live and Invest News.

2015.05.22

US Steuergesetz hat unerwartete globale Konsequenzen, Colleen Graffy, Geopolitical Information Service.  Also at Consequences of US widening net to catch tax dodgers, Colleen Graffy, World Review.

The horse may have bolted … but, Angelo Venardos, Asia Asset Management.

Important Correction:  Passports Required to Enter and Leave US — but SSNs May be Optional, Patrick W. Martin, Tax Expatriation, US.

2015.05.21

Americans working abroad face unexpected financial issues, Sarah O’Brien, NBC, US.

Senate tax reform groups get more time, Bernie Becker, The Hill, US.

2015.05.20

Malaysia will defer FATCA reporting, FSI Tax Posts.

America’s Self-Inflicted Wound, Moises Naim, The Atlantic, US.

Janice Mays:  The Tax Guru Who Guides House Democrats, Alex Brown, National Journal, US.

Sen. Rand Paul Launches Filibuster in Protest of Patriot Act Renewal, C-SPAN, US.

Articles from earlier in 2015 are at this link

Articles from 2014 are at this link

Media and Blog Articles Open for Comment, Part 2, is at this link

Media and Blog Articles Open for Comment, Part 3, is at this link

3,971 thoughts on “Media and Blog Articles – Part 1 of 11 (to 26 May 2015)”

  2. Petros is on to something when he refers to the IRS as a criminal organization. After always giving the IRS the benefit of the doubt, Tax Analysts’ president and publisher asks,

    Has the IRS Truly Moved to the Dark Side?
    “Tax Analysts has played hide-and-seek with the IRS when it came to information we believed should be available to the public – and the courts almost always agreed with us when the IRS forced us to litigation. I’ve heard every IRS excuse for not releasing information but “the dog ate our homework.” I’ve seen the IRS prepared to use every resource at its disposal to withhold the silliest things.

    But I never, ever thought the IRS would engage in criminal activity to hide how it was operating. And I never heard anyone else officially come close to accusing the IRS of that. That a government investigative body has now raised the specter of the IRS doing something criminal in its administration of the tax laws is about as serious as it gets in our business. Even the hint of something criminal demands that we get to the bottom of this immediately.”

    http://tax.org/taxcom/taxblog.nsf/Permalink/UBEN-9UCJ9U?OpenDocument

  4. @Bubblebustin
    As far as I have understood it, this is why Koskinen was appointed and his predecessor was ousted. Seems congress realised that something was amiss within the IRS and so they canned the former IRS head. That was an attempt to better things. And with all the fuss about Lois Lerner- I never thought that would just get buried. I think she is going to be prosecuted.

  6. @ calgary411
    This was exactly my thought when I began delving deeper into Bill C-51 — yet another blunderbus bill with very bad consequences. It gets to be so overwhelming. The speed with which they are stripping away rights, freedoms and privacy is extremely alarming. Here’s the link to the parliamentary debate for what it is worth:
    http://openparliament.ca/bills/41-2/C-51/?singlepage=1
    The Cons just came back time and time again with Harper’s assigned talking points. The NDP and Greens stood alone in opposition since the Libs attitude was it’s okay with us but IF we’re the next up to bat in parliament we’ll tack on an amendment or two — MAYBE. Of course JT is the son of the one who recklessly once invoked the War Measures Act. Too bad JT isn’t more focused on the Charter instead.

  7. Excellent new paper, apparently just published:

    http://www.houstonlawreview.org/2015/03/09/523-goodbye-uncle-sam-how-the-foreign-account-tax-compliance-act-is-causing-a-drastic-increase-in-the-number-of-americans-renouncing-their-citizenship/

    http://www.houstonlawreview.org/wp-content/uploads/2015/03/2-Denson.pdf

    “Goodbye, Uncle Sam? How the Foreign Account Tax Compliance Act is Causing A Drastic Increase in the Number of Americans Renouncing Their Citizenship“. Unfortunately, not open for comments.

  9. Good news! So many people are in the know. People who are in charge. People who have a voice. When are they going to actually DO something?

  10. @badger @Watcher @EmBee

    That paper by Taylor Denson, the Georgetown University law student is dated pretty recent, but I think it was concluded in September of 2014 for a few of reasons. He wrote that as of that date there were only 80 countries had signed IGA’s, his statistics on US renunciations were up to 2013 only, and he proposed that the threshold for filing FATCA form 8938 for non-residents be raised from $50K to $200K, which was done quite some time ago.

    Generally a pretty good paper with stronger arguments against CBT than Mr Schneider had, at least when he debated it with Mr Kirsch, IMO!

  11. @Calgary411 I suggest that Huston Law Review article be an IBS Feature.

    http://www.houstonlawreview.org/wp-content/uploads/2015/03/2-Denson.pdf

    It mentions the Canadian law suit/FATCA sovereignty issues at starting at the bottom of page 994, yet without mentioning ADCS – so we see ADCS is having impact.

    Overall it appears very well researched and sympathetic to the injustices.

    There are a few quirky bits. At points it kind of assumes people overseas live in lower tax jurisdictions.

    I would have preferred the article dissect the injustices of the definition/application of “double taxation” in the tax treaty. Such as follows: The tax treaties are very unfair in that they say that the tax is no higher than the highest for each country on each category of tax. So while Boris was paying UK tax on his earned income and other categories of tax far in excess of US rates, he was not able to use any of these tax credits against the US liability for the sale of his house. Nor will the UK recognize & credit the US tax paid as the tax on the gain was for UK source income (not US source income). The BAD about the tax treaties is that the best breaks for either country often get cancelled out.

    It also does not focus enough on the injustices of US taxation of overseas pension accounts.

    The article is very anti FATCA, and is anti CBT but kind of concludes that repeal of CBT ” is not likely to happen.” [Defeatists!]

  12. GOP Senators’ Open Letter to Iran Is a First Step
    http://www.nationalreview.com/article/415104/gop-senators-open-letter-iran-first-step-andrew-c-mccarthy

    Sounds a little like FATCA IGA’s in this regard: Executive Order not submitted to the Senate for review.

    In this case the nuclear agreement with Iran. Obama says he will not submit to the Senate for review. Senate responds by indicating to Iran that any agreement will not be binding without Senate approval.

    “Constitution’s treaty clause requires Senate approval for the agreement to be binding.”

    Actually, the Senate does not ratify treaties. It is supposed to provide “advice and consent” to the president in the making of treaties, and must “consent” by a two-thirds majority if the treaty provisions are to become binding (U.S. Const., art. II, sec. 2.). It is the president who ratifies the treaty if the Senate consents. A president is not required to ratify a treaty after Senate consent, and a president may unilaterally abrogate a treaty without Senate consent (as, for example, President George W. Bush did in 2001 with the Anti-Ballistic Missile treaty with the former Soviet Union).

    The next President could honor Obama’s Executive Agreement.

    Disqus here.

  13. @JC interesting article talking about the interplay between Executive Orders and Senate 2/3 approval of treaties. One reading of it all is that FATCA IGA’s are Executive Orders and unless approved by the Senate, or renewed by the next President, they will expire at the end of Obama’s term. However, as the article points out Executive Orders may have their own momentum and may be assumed to be law by countries of the world, unless perhaps the Senate passes an opinion on that which would be a simple majority motion to knock the continuance of an Executive Order without the next President renewing the FATCA IGA’s.

  15. @ Calgary411
    Why are we all not surprised?
    I suppose having one’s forms mailed in also has some level of risk (mail robberies being not unheard of) but given the history of hacking into US it seems darn reasonable to have (very realistic) concerns. And those of us outside the homeland have even greater reason for concern given how much more detailed info we are being expected to provide.
    Good to see that some of this is being considered and reported and it’s not just us in the wilderness forest screaming (but not heard).

  19. Solomon Yue @SolomonYue
    RO 1st #FATCA lawsuit plaintiff Maj Roger Johnson w/ a Bronze Star 4 valor welcomes Sen. Paul’s S.663 repeal bill. http://v.gd/r5bMwx

    Introducing Major (ret.) Roger Johnson: Major Johnson is the first Republicans Overseas FATCA lawsuit plaintiff and RO Worldwide Vice President for Eastern Europe. He served in the First Gulf War and received a Bronze Star for valor. As a combat veteran, he wrote a blank check made payable to “The United States of America” for an amount of “up to and including his life.” Now he is fighting for all expats’ constitutional protections and the pursuit of happiness.

  20. http://www.forbes.com/taxes
    3/11/2015 @ 9:39AM
    ‘Give Up Citizenship, Keep Your Passport’
    ……………”…Can you keep your U.S. passport while you are trying to get your renunciation approved? The U.S. State Department has updated its Foreign Affairs Manual so individuals can keep their U.S. passports until the renunciation process is complete. In the past, one had to surrender a U.S. passport immediately following a renunciation interview.

    The change was reportedly accomplished by law firm Withers Bergman. It can help materially because U.S. citizens are not eligible for a U.S. visa, and without a passport, persons in this awkward transition status could be deprived of the ability to visit America. Consular Officers at U.S. Embassies and Consulates around the world have apparently now been instructed to return U.S. passports to any recent U.S. citizen renunciant with travel plans to America…”…………..

  23. @calgary and Embee, re;
    “Would our Canadian government like to see us, the ADCS-ADSC donors and *activists* gagged with passing and implementation of Bill C-51? ”

    Yes, us, environmentalists, and anyone else who questions or won’t take orders from Harper and his merry Cons. Our own taxpayer resources are turned against us, information is kept from us, and laws and treaties are passed which bind us – and we deprived of democratic process, substantive debate in parliament and meaningful public consultation.

    The bill contains the sleazy catchall language “may” – undefined.
    and,
    “The legislation identifies “activity that undermines the security of Canada” as anything that interferes with the economic or financial stability of Canada or with the country’s critical infrastructure, though it excludes lawful protest or dissent. And it allows the Canadian Security and Intelligence Service to take measures to reduce what it perceives to be threats to the security of Canada.” http://www.theglobeandmail.com/news/politics/anti-petroleum-movement-a-growing-security-threat-to-canada-rcmp-say/article23019252/

    What if Harper asserts that opposition to the FATCA IGA “interferes with the economic or financial stability of Canada”? After all, the Cons rationalize their abridgement of our rights and the sovereignty of Canada signed away under the FATCA IGA because of the US 30% withholding threats to Canadian banks and other FFIs. Basically they are asserting that FATCA is an economic/financial threat.

    I am very afraid for our planet, for Canada, for our rights and freedoms.

    And the Liberals are not opposing that bill. Where are their principals and backbone? Justin was missing in action on FATCA and its abridgement of the Charter. And now he is wiling to let this new threat go unopposed.

  24. @ badger
    One website — rabble.ca — is following the 9 committee hearings which are taking place on Bill C-51. Having watched the Bill C-31 hearings I can see exactly the same tactics being used by the Cons.
    http://rabble.ca/blogs/bloggers/behind-numbers/2015/03/c-51-hearings-begin-ottawa-well-be-watching
    Do you get déjà vu all over again when you read this? I sure do.

    The NDP’s Randall Garrison asked MacKay whether he would be willing to table the advice he received on the constitutionality (or not) of the amendments proposed in C-51. The minister responded he would not, since this would somehow breach solicitor-client privilege between the Department of Justice and Department of Public Safety, and that, in any case, his people (in the DoJ) are OK with it and that’s OK for MacKay.

    Be afraid, be VERY afraid.

  25. badger and EmBee,

    We’ve known from the beginning that our rights and freedoms in the Canadian Charter are less important to the Canadian government than that of the Canadian banks / financial institutions.

    George III warned me again of the non-withstanding clause the other day. Then I read, http://news.nationalpost.com/2015/03/09/andrew-coyne-imperious-conservatives-and-runaway-supreme-court-set-to-collide/

    It is no secret that many Conservatives have long chafed at the notion that acts of Parliament should be subject to constitutional override. It wasn’t the Court’s judgment they questioned — it was the whole concept of judicial review. For these Conservatives, the remedy, short of abolishing the Charter, has always been the notwithstanding clause: Section 33, allowing governments to pass legislation in defiance of the Charter, provided they declare openly they are doing so, and with the stipulation that the legislation must be renewed every five years to remain in effect.

    I wish rabble.ca had been following the proceedings of Bill C-31 as well. It was only on OUR radar!

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