Liberty and justice for all United States persons abroad

FATCA: The U.S. Flexes Its Waning Economic Muscle Abroad

This article was written by Giles Gibson in Hong Kong.  The article is not bad, better than most and certainly the best I’ve seen at huffingtonpost, but he seems to think that FATCA is only a concern for wealthy American citizens abroad (a typical Huff problem).  I used to think so too, until I personally learned otherwise.   The article could use some additional commentary about the types of people FATCA is having an impact upon and the innocent being harmed by “IRS’s relentless pursuit of U.S. tax evaders abroad, whatever the cost”.  The concept of “whatever the cost” could be used to justify crimes against humanity and FATCA is certainly a case of national origin discrimination (which is a federal crime in the US).

FATCA: The U.S. Flexes Its Waning Economic Muscle Abroad
11/06/2012 11:36 am

The Foreign Account Tax Compliance Act (FATCA). Typical of the taxman’s inimitable use of the English language worldwide, the title doesn’t exactly sound particularly menacing. However, the shockwaves from this recent piece of legislation from the U.S. Internal Revenue Service (IRS) are being felt around the financial world.

FATCA is aimed at targeting tax avoidance by U.S. citizens and entities abroad. Unlike most countries, American expatriates are still expected to pay tax at home on their income earned abroad. The IRS feels that many Americans are not taking this responsibility seriously enough. Their plan is simple: bring in tough new legislation to force foreign financial institutions to give up details about their U.S. citizen clients, leaving potential tax evaders with nowhere to hide….

http://www.huffingtonpost.com/giles-gibson/fatca-foreign-accounts_b_2081118.html

9 thoughts on “FATCA: The U.S. Flexes Its Waning Economic Muscle Abroad

  1. Glad you picked up on that one.  It calls for comments, which I will get to later today, but I did quickly email it to David Macaray, who said previously, our comments sure educated him, but he didn’t have much interest in following up on the subject.  🙂  

  2. I left a comment as well. Now if HuffPost approves it, it’ll be on public record: Mr. Gibson has been duly informed about his sacred obligation to file IRS information returns next June on his evil tax-evading foreign grantor trusts which hold shares in passive foreign investment companies .

  3. @Eric, Swisspony

    I put up a comment tonight too, while watching the election returns.  In case it doesn’t come out of moderation, here was what I said.  Working on another one for the morning. I see Julian Hudson as been busy also, with his two part comments.

    I think it is pretty clear that the intention of Congress with FATCA was to crack down on Homeland Tax evaders. It was passed, following the successful prosecution of UBS for soliciting tax evasion schemes on American shores. It had nothing to do with Expats living abroad. I doubt Congress ever gave Expats a thought, or considered that the US is alone in the OECD world in taxing its citizens (US Persons) no matter where they live and reside in the universe. 

    Every other country taxes on residency, just like the 50 states in the Union. If you are born in California, and move to Nevada, California doesn’t continue to tax and penalize you for the rest of your life. 

    US Persons includes accidental Americans by birth and have never touched foot on American soil. It also includes many married dual citizens who have been living outside of America, far offshore, like in Canada where ~1,000,000 Americans call home. It also includes a lot of Greencard carrying immigrants who have returned to their homeland, but not officially renounced their US residency.

    So, contrary to the otherwise well written article, FATCA is not just about the wealthy abroad, it is about average middle class folks; the school teacher, the oil field worker, the computer programmer, the missionary, the peace corp volunteer or even the US serviceman who married a local and settled on foreign shores and raised a family. These are now the unintended targets of FATCA. They are hardly wealthy!

  4. It is not bad but it suffers from the same sloppy journalism  ones sees everywhere.  It seems  journalists  feel free to put in the words  “FATCA”, “expatriates”,  “tax  evaders”,  “abroad” (or “overseas”), and  “wealthy”  in whatever  order they feel like.  I wonder if any of them  really have a clue what they are talking about.

  5. *Victoria, your comment is being reported as having been deleted.  Here it is:

    “Ken is dead right. I’m a U.S. citizen and have lived outside
    the U.S. for nearly 20 years now. I too am thinking hard about
    making appointment with the embassy to renounce. Is it the
    double taxation? No, you idiots, it’s the onerous reporting
    requirements that force me to hire a cross-border tax
    professional every year to make sure I’m compliant. It’s the
    cost that of paying this fine person out my IT project
    manager’s salary (money earned entirely in my host country by
    the way). It is the complaints from my French husband who
    LOATHES the idea that his financial information is now in the
    hands of the American IRS. And finally it is having to listen
    to all the “don’t let the door hit you on the way out” comments
    from folks who have never walked a mile in our shoes and know
    absolutely nothing about what we are going through.

    For all of
    you who think we should just get the hell out I want you to do
    something for me. Call your rep in the U.S. and tell them that
    you are OK with letting us go. In fact, you INSIST on it and to
    hasten our departure you want all the fees and paperwork waived
    for us. All we “traitors” have to do is walk over and dump our
    passports on the door of the local US embassy. Does that work
    for you folks? Sure works for me.”

    http://www.huffingtonpost.com/social/Victoria_Marie_Ferauge/american-expat-taxpayers-would-rather-ditch-citizenship-than-face-new-irs-rules_n_2094559_204762323.html

  6. Huffington Post:

    Most comments are removed because of an attack or insult on another user or public figure.

    So, why? Victoria’s use of the word “idiot” is the only thing I can see from where I’m reading her comment — and, of course, that is the truth. She is being shut up and we are being shut up.

    Why doesn’t Huffington Post have a dialogue on exactly what Victoria asks homelanders to do if they are offended by the expat “traitors” — are these ever the same persons who will contact their government representatives for anything?

  7. *Good question.  I’ve been calling stateside Americans “‘fair share’ rejecting tax cheats” for not financing unemployment benefits for Americans living abroad, and they didn’t delete that, even though it could appear as an inappropriate generalization which could be seen worse as “idiot”.  Yet, i suppose that often it is the individual word which gets the red flag, not the combination of less controversial words.

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