Introduction

The good thing about bad things is that go away. The bad thing about good things is that they go away. FATCA is a generally bad thing, but a good thing for "Form People". Who are Form People? Why are they the way they are? https://t.co/yZZy0ungNF

— U.S. Citizen Abroad (@USCitizenAbroad) March 19, 2020

Professor Byrnes says that: “FATCA is the force and the force is FATCA”.

The Issac Brock Society has been a consistent critic of FATCA. But, who or what is the Isaac Brock Society?

In a very real sense: “Brock is the commenters and the commenters are Brock”.

EmBee has been one of the most consistent commenters at Brock. But she is more than a commenter. She has also written the lyrics, to the songs, that have become part of the “Brock Choir”. This post is centered largely around an “EmBee Classic” – “Form People”.

No celebration of FATCA would be complete without an acknowledgement of the “Form People”, who have contributed to the idea that:

FATCA is the force and the force is FATCA.

FATACA could not exist without “Form People”.

My last post featured a discussion of Professor Byrne’s description of the true beneficiaries of FATCA. He pointed out that:

The Force Is FATCA and FATCA Is The Force!

What he means is encapsulated by:

“The Force will take care of you with high salaried private firm and corporate employment as well as employment in a government position, or a policy thinktank, and even as an academic.” Inevitably a student brings up tax simplification to which I respond, “Young Skywalker,” “once a Jedi, always a Jedi.” Elaborating, I explain, “Legislation and regulations are written by Jedi, known as tax staffers and Treasury counsel, who have become one with the Force and the Force is strong.”

Professor Byrnes calls members of the compliance industry “Tax Jedi”. In 2014, Brockers called them “Form People“.

Who are “Form People”? Outside looking in

"Form People" Theme Song – adapted by @IsaacBrockSoc composer EmBee on December 17, 2014 – from Goldfinger Theme Song – James Bond https://t.co/COPFxvGm1e via @YouTube

— U.S. Citizen Abroad (@USCitizenAbroad) March 19, 2020

The lyrics of Form People as decreed by EmBee – To be sung to the tune of Goldfinger …

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First Professor @WilliamByrnes explained why #FATCA was misguided https://t.co/GOctkmz0zH and based on wrong assumptions. Now he explains why it is so difficult to get rid of such a misguided law. Hint: "FATCA Is The Gift That Just Keeps On Giving" https://t.co/0wn04Gf1nV

— U.S. Citizen Abroad (@USCitizenAbroad) March 16, 2020

Professor Byrnes exhibits an approach to FATCA (and other tax matters) that is logical and pragmatic. He analyzes the assumptions upon which FATCA is based. Was there really a tax gap of 200 billion dollars? Can this claim be justified? What are the costs of FATCA, etc. Do people really have foreign bank accounts to avoid U.S. taxation? We saw Professor Byrne’s “reasoning style” in this recent post Brock post.

In a subsequent post – “US Tax Reform, Simplification, and FATCA: “The Force Is Strong, Young Skywalker” – Professor Byrnes asks the question (this is a paraphrase): If FATCA is not working, then why is it so difficult to get rid of it?

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The Obama Legacy

What follows is a comment from an individual (since deceased) that appeared on the Renounce US Citizenship blog:

Now I understand that President Obama is indeed behind all of this. It is going to be very difficult to be an American Abroad and vote for him. Not that I am against him going after tax cheaters, but for lumping us Americans Abroad with them. You know hell is full of people with good intentions. I believe now that he should realize that Americans Abroad are not tax cheaters and should be treated differently. He chould look at the penalties being levied by Mr. Shulman on Americans whoi live and work abroad who want to comply and did not know about FBARS. My God, even the TAX Adviser feels this way, that is, that we are being trapped.

This is a repost of a Brock post from July 15, 2012. The July 15, 2012 Brock post was in itself, reposted from the Renounce US Citizenship blog. Remember that the IGAs – imposing FATCA requirements on non-U.S. banks – were not operational until July 1, 2014. The CRS did not exist. But, FATCA’s reporting requirements as applied to individuals (Form 8938) were operational. This post (along with the comments) is a very interesting trip down memory lane. It reflects the concerns of the day. I strongly suggest going to the original post and reading the comments. It’s also worth reflecting on all the initiatives that have taken place since that time.

What follows below the line is the post (along with comments) exactly as it appeared on July 15, 2012. You will need to go to the original post to read the comments …

Finally – thanking Andrew Grossman for the following update …

The 2012 Hale Sheppard article on Form 8938 (broken link in IBS page) can be found at https://chamberlainlaw.com/assets/htmldocuments/Form%208938%20Article.pdf | Other Sheppard articles are linked to at https://nyulawglobal.org/globalex/Fatca_Citizenship_Based_Taxation1.html

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Cross posted from RenounceUScitizenhip

The following video is of particular interest.

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Where it came from – 2009 – Obama describes his justification for what is to become FATCA

Obama Goes After Overseas Tax Cheats AKA U.S. Citizens Abroad – See the following video which was uploaded in May 2009.  Obama says taxes are an obligation of “citizenship“.  Obama lauds the work of Levin and Rangel (at this point they are the future architects of FATCA). The whole video (where “First Tax Cheat Geithner” introduces Obama) is interesting.  Note in particular the video starting at 7:30 where Obama provides his justification for what is to become FATCA.

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For the great enemy of truth is very often not the lie — deliberate, contrived and dishonest — but the myth — persistent, persuasive, and unrealistic.- John F. Kennedy, 1962. From NPR's The Best Commencement Speeches, Ever. https://t.co/lHJbiCXvrh

— U.S. Citizen Abroad (@USCitizenAbroad) March 11, 2020

The Myth(s)

Whether #offshore tax evasion was costing USA 200 billion, 100 billion or 36 billion, it's clear that Elise Bean's claim of 200 billion (which she committed to in the Meadows hearing) was fantasy, unsupportable and therefore an intentional false statement! https://t.co/S7hXwDHNWX pic.twitter.com/A6w8Oh8sps

— U.S. Citizen Abroad (@USCitizenAbroad) September 4, 2019

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Introduction

With Representative Mark Meadows having appointed Chief of Staff for the Trump White House, it’s interesting to remember some of the specifics of Representative Meadow’s FATCA hearing. The video star of the hearing was Donna Lane Nelson who was forced to renounce her U.S. citizenship because of issues related to U.S. taxation and FATCA. The second star of the hearing was Professor Elise Bean – the Democrat’s primary witness.

Interestingly, in September of 2019 Professor Bean was invited by “Global Witness” to speak in London where she was honoured for work in relation to FATCA. The Meadows hearing was attended by a diverse group of people including. Anthony Parent of IRS Medic captured some interesting video footage including the presentation of Professor Bean. His commentary is interesting. One must ask: how could such a damaging piece of legislation have been created with such a minimal understanding or callous disregard for the consequences?

Perspective 1 – Professor Elise Bean: Some people believe it when they see it. Others see it because they believe it.

In a thoughtful video @IRSMedic introduces Law Professor Elise Bean by analyzing her testimony at the 2017 Meadows hearing: "What #FATCA Architect Elise Bean doesn't understand about FATCA" – You will not believe what you will hear! https://t.co/ClAkAjF3W9

— U.S. Citizen Abroad (@USCitizenAbroad) September 3, 2019

Perspective 2 – Donna Lane Nelson – One of the small number of inconsequential people forced to renounce U.S. citizenship

Donna Lane Nelson – who always paid her US taxes – explains: "Because of #FATCA I am no longer a U.S. citizen …I realized that if I was going to continue living in Switzerland I would have to renounce my US citizenship." https://t.co/jk8VtA235M

— U.S. Citizen Abroad (@USCitizenAbroad) September 3, 2019

Perspective 3: A proponent of FATCA is somebody who thinks about FATCA. An opponent of FATCA is somebody who understands FATCA

We're here with Elise Bean and @OliverBullough to discuss what lessons the UK can learn from anti-money laundering efforts in the US.
If you couldn't make it this morning, keep an eye on our channels for an upcoming blog summarising the event.#GWBreakfast pic.twitter.com/1TSNxemvho

— Global Witness (@Global_Witness) September 3, 2019

Attention this post is NOT fake news! This post is NOT about tax compliance!

I am pleased to announce that Congressman Mark Meadows will become White House Chief of Staff. I have long known and worked with Mark, and the relationship is a very good one….

— Donald J. Trump (@realDonaldTrump) March 7, 2020

Readers of Brock may recall that Representative Meadows chaired the 2017 FATCA hearing in Washington, DC. This was reported on extensively at the Issac Brock Society in various posts including this transcript. The primary Government witness was Elise Bean (currently a professor at Wayne State Law School).

This could NOT be bad news for those who oppose FATCA. The White House does have the authority to direct U.S. Treasury to make many regulatory changes to alleviate the pain experienced by Americans abroad (with or without Congressional repeal of citizenship taxation).

More extensive coverage is found at American Expat Finance.

It’s interesting how things like the 2017 FATCA hearing can produce possible unexpected benefits …

Part 1: From the Renounce US Citizenship Blog – CIRCA 2013 – The Enduring Human Need To Live “Form Free” – A bit of Brock Nostalgia

Prologue: As we approach March 18, 2020, which is the 10th Anniversary of #FATCA, it's important to remember that what unites all people, of all kinds is: "The Need to Live “Form Free” https://t.co/KfdEr5s1VP via @ADCSovereignty

— U.S. Citizen Abroad (@USCitizenAbroad) March 5, 2020

“The United States is the only developed country in the world that subjects its nonresident citizens to complex, ongoing, multiple, and frequently meaningless financial forms and reportbacks.  Recent new enforcement initiatives threaten to exacerbate the already onerous burdens imposed by longstanding American exceptionalism. The resulting current situation is fraught with uncertainty, inconsistency, and anxiety.”

The United States – AKA – “Form Nation” has imposed a tyranny of forms on its citizens. U.S. citizens abroad are required to file up to 45 information forms each year including FBAR and FATCA. The financial cost is crippling. As a result, U.S. citizenship has been priced out of the market.

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March 18, 2020 marks the tenth anniversary of FATCA? What are you doing to celebrate?

Coming off a successful article yesterday, CBC Reporter Elizabeth Thompson is keeping FATCA in the news. FATCA is real news and not fake news.

CRA should tell people when their banking records are shared with U.S., say critics | CBC News https://t.co/rXidz7Mww7

— U.S. Citizen Abroad (@USCitizenAbroad) March 4, 2020

(Look carefully at the above tweet. Notice that the text refers to the CRA. The picture is of the IRS building. Yes, it’s true that FATCA has turned the CRA into an extension of the IRS. Maybe, Canadians should just start filing their tax returns directly with the IRS.)

In Canada Elizabeth Thompson is the only journalist demonstrating an interest in this issue. Because of the number of articles she has written, she has “in effect” become a “One Reporter FATCA Wrecking Crew”. Opponents of FATCA should be grateful that she is keeping FATCA in the Canadian media. No other reporter in Canada is.

FATCA at ten …

In 2012, some in the compliance industry referred to FATCA as “The Gift That Just Keeps On Giving”. Careers have been and continue to be built around FATCA. In fact, I am reminded of the following @USCitizenAbroad tweet from March 19, 2013 which worshipped the compliance opportunities generated by FATCA:

@MopsickTaxLaw Great post on "FATCA Feast" think you salivating people mean "stakeholders" – not "steakholders" http://t.co/8CLv2U0Ija

— U.S. Citizen Abroad (@USCitizenAbroad) March 19, 2013

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Prologue – Today as reported by Elizabeth Thompson at CBC

Stakes getting higher for Canadian residents with U.S. citizenship and could include fines or bank accounts being closed. https://t.co/icLTbKUrjU #cdnpoli #FATCA #tax

— Elizabeth Thompson (@LizT1) March 3, 2020

Introduction – About the background to this

1. Article 2 of the Canada U.S. FATCA IGA includes an obligation to report the U.S. Social Security Number of the U.S. Person. Here is what Article 2 of the IGA says:

Article 2

Obligations to Obtain and Exchange Information with Respect to Reportable Accounts

1. Subject to the provisions of Article 3 of this Agreement, each Party shall obtain the information specified in paragraph 2 of this Article with respect to all Reportable Accounts and shall annually exchange this information with the other Party on an automatic basis pursuant to the provisions of Article XXVII of the Convention.

2. The information to be obtained and exchanged is:

a) In the case of Canada with respect to each U.S. Reportable Account of each Reporting Canadian Financial Institution:

(1) the name, address, and U.S. TIN of each Specified U.S. Person that is an Account Holder of such account and, in the case of a Non-U.S. Entity that, after application of the due diligence procedures set forth in Annex I, is identified as having one or more Controlling Persons that is a Specified U.S. Person, the name, address, and U.S. TIN (if any) of such Entity and each such Specified U.S. Person; …

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Do you believe that Treasury is accurately reporting the number of people renouncing U.S. citizenship? Given the long wait times in Canada, can the absurdly small number of renunciations reported by Treasury be accurate?

From @HelenBurggraf: Questions continue to be asked, as U.S. list of Q4 renunciants contains fewer than 300 names. Given wait times of up to one year to renounce in Canada this number cannot be believed and that's a #FATCA! https://t.co/8iVP3WOs9E

— U.S. Citizen Abroad (@USCitizenAbroad) February 29, 2020

Closing renunciation centres in Halifax and Quebec City will increase wait times and make it more difficult for dual citizens to renounce

Friday Feb 28, 2020 the State Department announced that Halifax and Quebec City no longer processing renunciations of U.S. citizenship. Dual citizens in Canada must attend: Toronto, Ottawa, Montreal, Vancouver or Calgary. Increased wait + more expense for those in Atlantic Canada

— U.S. Citizen Abroad (@USCitizenAbroad) February 29, 2020