Liberty and justice for all United States persons abroad

Coerced Foreign Tax Compliance Is Killing American Jobs

When will the fools wake up and repeal FATCA?


Thanks to low domestic savings rates and profligate government spending, the U.S. economy is reliant on continuous influxes of foreign investment to provide the capital necessary for growth. Yet no doubt thanks in part to FATCA, foreign direct investment in the US for the first half of 2012 declined by 39.2% over the prior year, and China surpassed the US as the world’s largest recipient of global foreign direct investment for the first time since 2003.

Coerced Foreign Tax Compliance Is Killing American Jobs

34 thoughts on “Coerced Foreign Tax Compliance Is Killing American Jobs

  1. *”Still another predictable result of the law is that the FFIs and their clients will pull capital from the U.S. even if they have to invest in smaller and less lucrative markets.”

    Even though I am a minnow and a tiny one at that, this is what I am in the process of doing with the ultimate goal of renouncing and never having anything to do with the US again if possible.

    Imagine how this will spread with people and corporations who actually have real money…

  2. In behaviour typical to the US, they’ll repeal it only after irreparable damage has been done to themselves and others. 

  3. @Suki,

    I’ve done the same — no US investments. I have no interest in US cross-border shopping, US tourism, US snowbirding, or anything else that sucks my Canadian $$ out of the Canadian economy and gives to the US economy. I’m a minnow too, so my protest doesn’t mean a lot, but multiplied by the number of us in Canada (and elsewhere), it could mean much more. It just makes me feel better.

  4. I was reading recently that about 7000 smaller US banks are going to go out of business soon under the weight of US regulations.  These US banks haven’t even begun to think about FATCA yet … that’ll be the final nail in their coffin.  Imagine trying to look for foreign account holders not just from one country but every country in the world.

    As awful as it is for banks in Canada and other countries to be on the lookout for US account holders, the US banks would have to do the same for almost 200 countries.  Not going to happen.  

  5. I wonder if that 39.2% decline in foreign investment might also have to do with the fact that the Treasury has been floating the idea of reciprocity in the last year to get other countries to go along with FATCA.

    As everybody knows there is alot of money that ends up in the US from foreign countries especially in the southern states like Florida.  Alot of this money comes from Latin countries.  Some Florida banks may have as much 80% of their deposits from foreigners. 

    Remember when Marco Rubio wrote an article in a Miami newspaper where he warned that money would start to leave the US if this FATCA thing wasn’t stopped?  Well looks like he was right.  That Emily S. McMahon (or whatever her name is) from the Treasury department said there was no evidence that would happen.  Well now there’s evidence!  Somebody should fire that woman.

  6. US policy making does not generally work for the good of the people and the country, but rather for the good of politicians’ reelection (preservation of power). This is why the US political establishment comes up with erratic laws that harms the country and there is no remedial element available for this.

    In Switzerland, a real democracy, this flaw is absent as the final say of any law drafted by legislators rests with the people who can challenge or create any legislation via referendums. Thus, reelection becomes pointless (compared with the US) as power ultimately rests with the people.

    US was ranked 7th in Global competitiveness and Switzerland was ranked 1st. For all of the economic flaws and political/social problems the US has, Switzerland is experiencing the exact opposite.

    What sane individual with US and Swiss citizenship would find any microscopic inch of value/benefit in retaining a US passport?

  7. *Let’s face it, we know the Treasury is just dangling the FATCA reciprocation idea as a way to get other governments to do what they want and report on US citizens “hiding away their ill-gotten gains”.  When it actually comes to passing on info on citizens from other countries they’ll simply not bother.  America wants everyone to pander to them without giving anything in return.  If any country ever gets a tiny bit of info on their citizens from the US I’ll fall down in shock and die.

  8. The comments so far (2) are as good as the article. From the second: 

    “Only a government without a scintilla of national pride or dignity would accede to such a preposterous demand.”

  9. Excellent comment, Roger, on the Forbes article which I found to be pretty well written except for this …

    “And while the U.S. tax code is hardly a model, it’s generally less bad than other industrialized nations.”

    That one made my eyes pop and my head shake. What other “industrialized nation” has a tax code 70,000 freaky pages long???!!! It’s not Canada that’s for sure. (To be clear — my comment refers to the Forbes article NOT Roger’s comment on the Forbes article.)

  10. anybody remember where that profile of americans overseas is at?  I am searching around the flophouse and haven’t found it in there yet, as I can’t remember what month it was.  I’m leaving Mayberry tomorrow and going in to the state capitol to drop into some US legislator offices.

  11. the one about what a typical US person abroad is (not a FATCAT).  It was broken down in categories, it was someone’s study

  12. My imperfect memory has a picture of something with no mention of politics, just that it was a pure discussion and graphs by a scholarly study.

  13. The decline in the US’s direct foreign investment is covered in the Chinadaily USA with some optimism that the US might move toward recovery in the second half of 2012:

    http://usa.chinadaily.com.cn/business/2012-10/25/content_15847821.htm

    “FDI flows will, at best, level off in 2012 at slightly below $1.6 trillion because the slow and bumpy recovery of the global economy, weak global demand and elevated risks related to regulatory policy changes continue to reinforce the wait-and-see attitude of many transnational companies toward investment abroad,” the UNCTAD projected.

    FDI inflows to the EU declined by 3.8 percent year-on-year to $175.9 billion for the first half of 2012 while inflows to North America were down by more than one-third due to a dramatic 39.2 percent year-on-year fall in inflows to the US, according to the report.

    However, the UNCTAD also said that “FDI flows to the US might be stronger in the second half of 2012” in view of early indications.

    The value of cross-border mergers and acquisitions in the US in the third quarter of 2012 were double those of the first half of the year, while some further acquisitions are “already taking place or announced in the fourth quarter”, according to the report.”

  14. Thanks nobledreamer.  I’ve been staying away for a while because a) I can’t keep up with all the posting and b) it often makes me more anxious.

    But I miss all of you guys so I do pop in now and then.

    In my heart I know everything will work out in our favor but boy it’s taking long enough.

  15. Agreed, nobledreamer. I miss the person who was the inspiration of ‘the OMG moment’ term — we all know what that is for each of us. Good to see you commenting, omghestillanamerican or OMG for short.

  16. Roger discusses this subject lots.

    Maybe you’d like some of his comments at: https://isaacbrocksociety.ca/2012/11/17/full-disclosure-needed-just-what-is-us-tax-compliance-requirement-for-albertas-recruitment-of-oilsands-workers/

    Roger Conklin
    Submitted on 2012/10/30 at 5:21 pm

    *When a “study” like this is made those performing the study decide what they want to results to prove and then structure their “facts” so the results will support their already-decided conclusions.

    Territorial taxation creates jobs at home rather than rewarding shipping them abroad. Check the figures and draw your own conclusions.

    Here are some of the countries with territorial tax systems and their corresponding 12-month trade balances: None of the countries in this categary subject their overseas citizens to home country taxation of their foreign income. Not even one.

    Germany, $239 billion trade surplus

    Netherlands, $58 billion trade surplus

    Denmark, $14 billion trade surplus

    Russia, $203 billion trade surplus

    Switzerland, $27 billion trade surplus

    Australia, $19 billion trade surplus

    Brazil, $23 billion trade surplus

    Canada, $1 billion trade surplus

    Ireland, $58 billion trade surplus

    Korea,, $28 billion trade surplus

    And the list of the “territorial taxation” conuntries goes on and on. Low-wage China, by the way, has a $184 billion trade surplus, which is $77 billion less than the trade surplus of high-wage Germany. Gemany also currently has the lowest unemployment rate in 20 years.

    There is much more to success in selling your products in the export market than price, as is well-substantiated by this data. It is far more dependent on a nation’s fiscal tax policies than many of the so-called experts, on both sides of the aisle, are willing to acknowledge.

    Below is a list of countries that subject its corporations to world-wide taxaton. They pay taxes abroad and then are taxed again when they remit foreign profits back home. They also subject their citizens living overseas to home-country taxation on income that has already been taxed once by the foreign country where they live and work, whether it is remitted back to their country of citizenship or not.. Here is the complete list of countries in this category:

    United States of America, $750 billion trade deficit

    (That’s right, there is only ONE country {USA} in this latter category.)

    Trade statistics above are as published on-line by The Economist, October 13, 2012

    Roger Conklin
    Submitted on 2012/09/26 at 4:47 pm

    *The US is still the largest manufacturer in the world, but these numbers clearly demonstrate the absolute unsustainability of its failure to export. And one of the key factors in this failure to export is its fiscal punishment of its citizens who relocate abroad to sell what we make through its repressive citizenship based tax policy (with all the high-cost tax assistance citizens who live and work abroad must employ in order to avoid massive penalties), as well as the double taxation of repatriated foreign earnings of subsidiaries abroad that have to be established to sell and service them. These are not tax revenue enhancers but tax revenue killers.

    Look at the other end of the table and there is Germany with its massive positive balance of payments surplus. The difference is tax policy. Germany considers its citizens who create jobs at home by going abroad and capturing foreign markets as patriots. Germans are not double taxed to keep them home.

    But practically every Senator and Congressman in Washington will tell you that every American who lives and works abroad is a tax-evading traitor. And while criticizing US industry for failing to export, they go out of their way to punish them tax-wise if they invest abroad to sell and support what is exported. So they don’t even try. It is the US Government, not China, that has tipped the playing field against us. If that is not the case, then explain what it is that China does to block exports from the US that it does not do to block imports from Germany? Germany has the largest trade surplus and positive balance of payments in its history and the lowest unemployment rate in 20 years. What a contrast in comparison to the US.

    The bottom line of this crazy policy is massive trade deficits and a totally out of control balance of payments deficit.. Without exporting to pay for imports, we have to borrow from others; mainly China.How much longer can this go on? We don’t have a position of strength in getting tough with China, regardless of what both Romney and Obama seem to think.

    We are going to have to learn the lesson of Greece before we know it. And that will not be fun. My days are numbered, but I fear for my children and grandchildren.

    You reap what you sow. The law of the harvest, like the law of gravity, is not subject to Congressional or Presidential repeal.

  17. Pingback: Roger Conklin on the stupidity of US tax law « Freedom from the tyranny of U.S. citizenship-based taxation for U.S. and dual citizens outside the U.S.

  18. Thought I would add this story that was published yesterday in The Independent

    Land of the flee: why, despite Obama’s re-election, Americans are renouncing citizenship in droves

    Since President Obama took office in January 2008, nearly 5,000 people have voluntarily surrendered their American passports, according to data made available by The United States Office of the Federal Register. Last year alone, nearly 1,800 US citizens went rogue, compared to about 230 four years ago. Renunciation figures shot up shortly after the UBS scandal of 2008, when the Swiss bank was caught helping thousands of Americans evade taxes, a revelation that led to tighter restrictions on overseas bank accounts. Many in the expat community believe that the US government has gone too far in its monitoring of foreign bank accounts and taxing on assets and worldwide income. And for the defectors, financial freedom has become more important than heritage.

  19. That’s a good Forbes article. The author did a great job of hitting every angle. I had my own suspicions as well about “compliance firms” making a lot of money over the FATCA. I seriously doubt that any compliance person cares about our lives since their paychecks are on the line.

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