Liberty and justice for all United States persons abroad

The Bigger Perspective on EU #FATCA Public Hearing, Policy Laundering, Reciprocity and the Consequences

A economist friend, who I email correspond with, has made some broader salient observations and points about the recent EU FATCA meeting, which Victoria has eloquently blogged about here.  As he points out, FATCA has greater impacts than just those on Dual Citizens and accidental Americans living in Europe that we all should be concerned about irrespective of our status.

I thought I would ask his permission to share his thoughts to add and expand the discussion.   Rather than just bury them in a comment stream, here or here, I thought I would make a separate post as they are extensive.  He wishes to maintain anonymity for the purpose of this post.

Note to Reader:  When you watch, and/or read the testimony of the US Treasury guy, Mr Robert Stack ( Deputy Assistant, Secretary for International Tax Affairs, International Tax Council of the United States Department of Treasury) you will notice that there has been no mention of the IRS. However, he represents the face of the IRS for FATCA administration and enforcement.  The IRS Commissioner reports directly to Treasury Secretary Jack Lew who reports to Obama. The IRS is NOT an independent government agency. The International Revenue Service (IRS), as guided by the Administration and Treasury are the ones that implement the Treasury FATCA IGAs specifically and 544 pages of FATCA regulations generally.

So, when you hear Treasury in the context of this EU public hearing, think IRS, as they are the ‘heavies” given the task, with full enthusiasm for the mission, I might add.   The Economist commentary below used IRS terminology only, but I have included both for clarity, as it relates to this EU FATCA Public hearing.

What follows are his comments with a little editorial license:

The Economist writes:

OK, everyone, I just had the chance this morning to watch the  1 hour and 22 minute video of the “public” hearing. Here is my bottom line: WHAT A JOKE!!

Each MEP had one chance to speak for 5 minutes while the interlocutors -Treasury/IRS, OECD, Euromap (? – Lewis) get a second round to refute Sophie or support some of the others, and leave their last words. But the biggest joke, to me anyway, is how there IS a public hearing on FATCA in the EU that NO American has ever been accorded by our own government!!

Listening to the Treasury/IRS guy Mr Stack talk about policy and Congress, etc., was absurd, but everyone in that room assumed he knew what the hell he was talking about and/or had the authority to make these promises and deals! They have no mandate at all on policy or most of these things!! This is an Treasury/IRS bamboozle of the entire EU and European Parliament – and they’re buying it!

Reciprocity as a replacement for Fiscal Imperialism:  FATCA, as we all know, was not a piece of legislation that received open public hearings, nor even committee discussions and sanctions – none of the things that the EU is doing now, however rudimentary and badly done.

FATCA was quite literally slipped into an oblique piece of legislation having absolutely NO relevance whatsoever to the subject of taxation. It had absolutely no mandate or implication with respect to IGAs at all, let alone data exchange agreements. None of those items were mentioned ONCE in the FATCA legislation. This auto exchange mechanism is ALL fabricated by the Treasury/IRS because they quickly found out that FATCA is fiscal imperialism!  And, not surprisingly, people don’t particularly like fiscal imperialism. So suddenly “reciprocity” was presented as the solutions, but where is reciprocity ever mentioned in FATCA legislation? Answer: IT IS NOT

Policy Laundering:  Sophie is right! This IS “policy laundering”, and more disturbing, it is  ‘policy-making’ by an Department of government that has no power to make it. It should not be doing this. It is the domain of State Department!

Treasury/IRS is promising things that they can’t deliver, have no power to deliver, and probably won’t deliver given the current political realities in DC!

Why do countries who have territorial systems of taxation need any reciprocity from the USA at all?? For what? Do they want to identify all Germans living on American shores having accounts in Kansas Credit Unions? Aren’t Tax evasion problems inside the boundaries of the EU enough of an issue to solve, without rushing abroad to stop it there too?

What’s the Reciprocity Point:  What is the ultimate point of all of this reciprocity and data exchanges among OECD countries supposedly to combat tax evasion? How much money are people in the USA hiding in Germany or France, do you think, for tax evasion purposes? And why would they actually want to tell the USA about this money that is there at all?  That money is being put to work earning a return, (and is taxed) on which the local governments are gaining multiple levels of taxation – sales taxes, property taxes, employee taxes, VAT, et.al. Why send it scurrying to other jurisdictions outside this EU/US exchange mechanisms they are salivating about?

As noted before, when FL, TX, NV,  WY and DE get wind of what the reciprocity promise of Treasury means to the economies of their states, how many members of Congress are going to stand up and vote on it? We should send the exchange of Mr Stack of the Treasury/IRS to the DE delegation immediately, along with VP Biden, so they can hear for themselves just what the Treasury/IRS is proffering the EU in their names!  Maybe Senator Reid would like to consider the impacts on his state. Wonder if he thought of that when he pulled the lever for an “aye” vote on FATCA?

Treaty?  Indeed, lost in a lot of the shuffle was a minor note by the EC representative who mentioned the magic word to govern all of this: “Treaty”  Normally that means full Senate exposure to something they’ve spent not a nano-second on! Of course, by Treasury declaring it is just a Competent Authority Agreement, no Senate ‘advise and consent’ is necessary, so they won’t get a half of nano-second if Treasury has their way.  Of course, Treasury/IRS hopes that it will be a fait d’accompli from the EU side, so the Senate will have no choice since but accept it if they ever wake up to discover that has happened. Ironically, all of this will be in response to a stealth paragraph or two from the HIRE Act that they never saw because it was slipped in, won’t remember, and many didn’t vote on, but is, in fact, US LAW.  FATCA is boomeranging back onto American shores and they never saw it coming.

The Cost Benefit is assumed:  Here is the other unspoken argument in the entire hearing: The cost-benefit is assumed! They assume that if FATCA and its IGAs is matched with an internal exchange of data first within the EU and then with America, then tax evasion will be defeated and governments will solve their budget problems.What the hell gives any of these guys that idea?? And at what cost??

Do any of these Eurocrats and MEPs know that the W&M Committee scored FATCA at providing a whopping $800 million in additional revenue if implemented? If it is that little for America, what a pittance it will be for them. In the process of that, it is costing global financial institutions tens of billions of dollars!!?? And just how much money will the EU have to spend to actually create systems for the exchange of data to implement FATCA? And what will they receive at the end of it? This is such an absurdity!  It is a nightmare of quite literally global proportions!

Listening to how the USA and EU, and ultimately OECD members will set up this standardized exchange of information among tax authorities all supposedly to combat tax evasion is almost amusing. Now that Switzerland caved due to other US DOJ pressures, no one in their right minds, who wants to evade taxes, will place their money in Switzerland or the EU now, just makes the entire exercise a monumental JOKE on everyone else.

Government Debt = Slavery:  The Treasury/IRS Stack’s comment on “austerity” is such a low-blow (though effective) foundation of why anyone is taking this seriously at all. I’ve written before that government debt = slavery. Some of you might have thought that was crazy Economist with his conservative polemics, but here it is in real form: If governments do not overspend in terms of debt, their ability to service that debt with the income they already take in in taxation, this issue would be irrelevant!

Who pays?   But the problem is they have, and they are now coming to the realization that they will at some point have to increase taxes to pay for it. Well, in a democracy the majority of people at any given time are loathe EVER to vote to increase taxes on themselves. So government polemics start screaming about how “the rich don’t pay their fair share” (even though they pay 80% of ALL income taxes), and “we have to close those loopholes” (that they wrote!), and “we have to go after tax cheats who use tax havens” (even though they have no clue how much it is or what it means in additional tax revenues) – all the while they continue to increase the debt by spending more than they take in!! And who pays for it ultimately?? We ALL do of course – that’w when the politicians will simply blame their predecessors for all the problems they make.

But what about tax havens and tax evasion? The first thing to bear in mind is the perspective on this problem. The second is understanding that the two are NOT the same things at all! The third thing is realizing that NONE of what was discussed at this public hearing will solve this problem AT ALL!

A global perspective: Let me give you some perspective on the issue first.  The IMF tracks the global economy pretty well. The global GDP is $67 trillion. The Bank for International Settlements (BIS) also tracks the financial assets around the world.

Tax neutral grounds: The #1 off-shore tax haven is the Cayman Islands. It actually has roughly $1.3 trillion “parked” there. A big amount of money, to be sure, except…. Except that money belongs to people all over the world, not just in the USA. It is a “tax haven” not for nefarious reasons (though no doubt there is SOME black money there for sure) but actually for perfectly good, economic reasons. It is the legal home of most of the US-based international funds that invest around the world, but specifically not IN the USA! And the reason for that is because these funds are also sold to lots of people from around the world, too, ALL of them having different tax liabilities based on the local laws. The Cayman Islands, therefore, is tax neutral grounds – a tax “haven”.

Let me give you a practical example: If there are 10 individuals with $1 million to invest in an international fund, each from a separate country, the fund is $10 million. If its ROI is 10%, it earns $1 million. Each shareholder receives $100,000 and is required to deal with the tax authorities back in their home countries individually – the fund itself is NOT liable.An American – like Romney – is, therefore, required to report that $100,000 to the IRS for taxation – which he did, paid his taxes on it as determined by the laws written by Congress… and then accused of using an “offshore tax haven” as if he somehow cheated, which he did not! But, OOoooohhhh, see how naughty he was?!!Now bear in mind that that $1 million (Romney’s or others) can perfectly well have been from post-tax savings (as was the case in Romney), so the principle invested is NOT necessarily tax-free, black money and all; quite the contrary.

You should also know that despite the popular press of the Cayman Islands as a “tax haven” is somehow disrespectful of the IRS, quite the contrary is the case. They have a very strong relationship with the IRS because they want to be squeaky clean in order to keep attractive international fund business – that’s how they make their big money, not on the dirty money that also co-exists there!

Now let’s get back to the macro-numbers. So if Cayman Is. is the biggest offshore center, if you add up the BIS (Bank of International Settlement) numbers (I haven’t yet), I’m willing to bet that the total amount comes to perhaps $4 trillion at most. By itself that seems like a lot of money. But as a percentage of the global economy it is less than 5%. And, of course, while you’ll hear this number connected to “lost taxes”, not all of that would go to governments even if it were ALL black money.

On a global average, the “lost” taxes – assuming this is all black money – would be roughly 35% if it was OECD sourced (not an outrageous assumption given the size of the % of the global economy by the OECD members).OK, so we are now at $1.4 trillion. Now I’ll assume that 67% of that money is actually either net of tax paid, or not likely to produce taxes anyway. (The latter because most countries don’t tax income generated outside of their sovereign territory if it isn’t repatriated, so any smart owner would keep it there!) So we’re now down to a MAXIMUM of maybe $500 billion “lost” in taxes by OECD members.

The OECD’s total GDP is $43 trillion, or 63% of the world. Apply that percent against the $500 billion “lost” and now we’re down to $335 billion, and where where the US portion might be ~$125 billion of that.

Now the Treasury numbers. This would imply a loss of 5% of of the $2.6 trillion of revenue the IRS delivers to the Treasury, and only 3% of the $3.8 trillion of the Federal government’s budget. It is equal to 0.7% of our entire GDP.

It’s the Perspective that matters, not the number:  Those are the real likely numbers in the best case scenario for a supposed “loss of tax revenue” to keep it in perspective – because they will come back in this argument later! It is the perspective that matters, NOT the number. Billions sound big only to we who don’t make a lot; for governments – esp. the USA with $3.8 trillion in its budget – it is quite literally peanuts, and certainly is minuscule compared to the loss of freedom and the potential compromise of individual data.

But here is what I heard coming out of this “public hearing”.

1. Harmonize: In order to institute FATCA, the EU would have to harmonize internally its data collections by local/national tax authorities. Clearly they have been discussing this for some time; FATCA is being seen and used by tax authorities to push this forward faster (before the people and their parliament know what it means).

2. US Demands Drive Action: To harmonize with the eventual demands of FATCA, that data would have to comport to US demands – because ONLY the US demands from FATCA are driving this! (I’ll have more to say about Giegold below on this).

3. Divide and Conquer?  So EU data collections are being designed essentially only to satisfy US Treasury/IRS demands. Who will determine moving forward how those demands will change? National parliaments? The US Congress? The IRS? the European Parliament? The national tax authorities? The European tax authority? Is there ONE? If not, who will be THE authority to comply with FATCA! This isn’t being addressed at all, yet we’ve seen specifically because of what the Treasury/IRS has done with FATCA what can happen next if it isn’t discussed.

4. A Global TIN: In order to satisfy the demand for this data, you  heard heard them talk about an EIN or TIN number for everyone, companies and individuals alike, USA, EU, OECD. So much for your individuality! I’ll assume they’ll what to brand it on your forearm to save time…. Oh, sorry – that’s SOOO yesterday – now they’ll just implant a chip under your skin instead!

5. Reciprocity for the US: The IRS implied that for the USA to honor “reciprocity” they would force – sorry, “support” – this same process onto US Financial Institutions (USFIs) the same as the US is demanding in its IGAs.  Indeed, he even implied that they would turn over to the EU data already collected beyond the scope of FATCA – and, of course, NEVER AUTHORIZED UNDER FATCA ANYWHERE!!!

6. Carrot-Stick Measure: This EU-USA exchange would then be matched by the OECD acceptance and supposedly forced compliance on other members – that little “carrot-stick measures” wasn’t lost on me.

7. End Result:  So the end result of all of this joyous and wonderful “co-operation” brought on by FATCA would result in how much actual lost tax revenue returned to national Treasuries??? Remember, THAT is ‘supposedly’ the purpose of this entire exercise! The answer is a veritable pittance. But we will have a global GATCA cemented in place to show for it.

BUT WHAT WILL BE LOST?? Any sense of individuality at all!! Remember, in America, the IRS is the only agency of our government where you are assumed GUILTY until you prove your innocence! This principle is extremely important to bear in mind when discussing anything having to do with providing the Treasury and the IRS with more power over anything!

Orwell on Steroids   George Orwell, right now, is spinning around in his grave like a pinwheel in a stiff breeze, totally fraught with the very idea that his original monstrous idea of Big Brother could evolve to an EVEN BIGGER BROTHER!! After all, even in 1984 he still imagined mega-states competing with each other on the peripheries (though using supposed conflicts as excuses for those governments to maintain control over their populations specifically in this manner).

So this hearing and its implications is the most diabolical play for bureaucratic dominance I’ve ever seen and I can quickly imagine the total loss of individual freedom as a result. Why the latter? My friends, if they have figured out how to exchange tax data, and open all financial institutions to total transparency, they’ve figured out everything! This is the final link in the BIG DATA collection world.  A bold statement? Yes, I know. But here is why I make it.

I sent around to some of you that “questionnaire” that those supposedly “low level bureaucrats” (yeah, right!) at the IRS in Cincinnati was requiring tax-exempt organizations to answer (even though “officially” “Legally” none actually had to answer. The implied threat of an IRS audit, however, was all that was needed).

Now imagine how the tax bureaucrats could structure everyone’s tax returns in the “need for more accurate data” – and then that data was exchanged around the world. And then it was connected up to say, I don’t know, passports, airline reservations, car reservations, credit card applications, mortgage appplications, utility hook ups, etc., where access to those basic services comes at the expense of some BIG DATA report on  your compliance.  The IRS is already well down this track with its collection of data on Citizens as told in this recent News and World Report article  Who needs FATCA when you have google maps for the Tax man to track you down?

The Real Danger: Since we know law enforcement can already collect data internally in most OECD countries – though mostly governed by legal restrictions – what restrictions will be or could be placed on our fiscal gestapo?

Congress doesn’t designed the tax forms, the instruction booklets or the process; the IRS alone does that! And since we’ve seen what they’re willing to do to target tax-exempt organizations, to what extent will they go for tax-required organizations or individuals? The real danger here is – and always has been – permitting the bureaucrats to determine how these things are actually implemented. That, after all, is really how we got to this phase of FATCA at all!

How did we arrive here?  We are here because FATCA was injected into an unrelated piece of legislation having nothing to do with tax legislation, data collection, the opening of US financial markets, the exchange of data of US resident citizens, and without any regard to any aspect of reciprocity, or any aspect of a legislative process that is meant to safeguard American rights!

It was then left to Treasury and the IRS alone to figure out how to implement!  And, as a result, a Global GATCA is what is being created.

Now we finally have EU FATCA public hearing of the most despicable nature, where other bureaucrats who limit MEP members’ time but not their own, discussing processes and procedures to put EU citizens’ rights at risk, all to satisfy an unbelievable and innocuous US clause in an equally innocuous piece of legislation that 99.9% of Americans know nothing about.

Power Transfer:  Not only is Sophie correct that this is “policy laundering” and an imposition of US procedures affecting EU citizens rights – BUT IT ISN’T EVEN SOLVING THE PROBLEM FOR WHICH IT IS SUPPOSEDLY BEING ENACTED, TAX EVASION!! IT IS ONLY TRANSFERRING POWER TO BUREAUCRATS BEYOND THEIR AUTHORITY TO DISRUPT THE LIVES AND INDIVIDUAL FREEDOMS OF EVERYONE!!

Here’s a quick question: What do you consider more dangerous for the issue of individual rights moving forward: “Policy laundering” or “money laundering”?

No procedures for oversight:  Moreover, no one spoke of procedures or oversight committees, etc., in terms of limiting or sanctioning the authorities for the misuse or inaccuracy of this information. Consider the story of Jon’s Worth’s visit to the European Parliament and Mr. Vincent Chiarappa little Napoleon attitude. Who or what will stop this in the future if this  auto data exchange takes place?

Consider the Patriot Act’s “No Fly List” for a nano-second, and how people have been misidentified and prohibited to fly as a result of that? How would anyone challenge their data?

Hell, let’s accept that the assertion that the IRS scandal out of Cincinnati really was by low-level bureaucrats!! The tone that leads to that practice comes from somewhere, (Leadership that is unaccountable and takes no responsibility?) and acting alone without oversight and control is enough on its own that should scare the hell out of everyone!

The difficulty of challenging the bureaucracy is not a mythical hypothetical. Recently it was reported on how tax cheats inside America! – stole the identities of 10 members of the Tampa Police Dept., including the Chief of Police (!), and then applied for fictitious refunds – which the IRS paid. But, of course, when they were found upon review by the IRS to have paid too much, the IRS put liens on the policemen’s properties and accused them of fraud! But if that wasn’t an insult enough for our law enforcement agents, the IRS for “legal reasons” refused to even give the police the addresses to where the fraudulent checks were sent so they could go investigate and actually catch the thieves! That was because it would be against their internal policies on disclosure because of IRS secrecy laws – so they were protecting the crooks against the police!!  Now put that one on a FATCA/GATCA scale.

How do you challenge mis-sent, inaccurate data or foreign stolen FATCA id? The homeland explosion in Tax ID Theft and fraud as has been reported since 2011  but now the IRS wants to export the problem around the globe.  They have let this problem fester in the homeland, at a huge cost to the US Treasury, and yet they expend large portions of their limited resources on a global witch hunt trying to create a global GATCA of automatic exchanges with no assurances of data security, rather than solve the far greater problems on the homeland shores.

Where are the priorities?

There are numerous other media reports about the nature and scope of ID tax return fraud in America, including many damming TIGTA reports.  Does Congress ever read these before they send the IRS out on global missions?  They can’t even stop  Tax fraud by prisoner inmates for gods sake. And then they hand out Child tax credits to illegal workers in America representing 4 times the amount of fraud in one year that they plan to collect from FATCA over 10 years!

Here is a link to another  CBS Morning Report that details how common criminals engage in simple practices. No wonder ex Commissioner Shulman doesn’t want to take responsibility for failures on his watch!  He just regrets them. Well, I regret his enthusiasm for FATCA!

Now, we have the most recent solution…  Deputize the police to be Tax Revenue agents and share Taxpayer information with them! So now we have the IRS deputized police with guns running around in American trying to stop tax fraud, and while it sounds like a good idea for the recent problems in Tampa, I can just imagine the repercussions of this across the nation. That policeman in your city may soon have access to your tax data, just for the purpose of stopping tax fraud of course, but the overreach never ends there!

BTW, the problem is all solved now.  We are now doing quicker investigations.

All of this is just illustrative of what is going to happen with in Global GATCA ID Theft problem explodes around the world once FATCA is up and running.  Will we be deputizing the U.S. Special Forces to be Tax Revenue fraud protection and enforcement Agents around the world, and sharing taxpayer information with them about Americans living abroad to help in the round up?

My fellow overseas Americans, there is NO WAY the IRS can satisfy ANY EU authority on the issue of identity security – and indeed, of their own systems from fraud.  The report you will hear said the IRS has stopped 87% of tax filing fraud.  Really??  How would they know?  Moreover, that still leave 13%!  Of course, if you are within that 13% you become just a statistical error as far as they are concerned – which you would be… but you’d still have to figure out how to dig yourself out of it.  Remember, you are Guilty until proven innocent.

Note the revenue lost comparisons:   In ALL of the estimates, that even by the IRS itself  points to, homeland ID and tax fraud amounts to multiples of the estimated “loss of revenue” from “offshore tax evasion”.  Here is what I would tell the IRS/Treasury if I were the EU and everyone else around the world:  Clean up your own back yard before walking into mine demanding a chaisse longe! 

The very thought that the IRS, EU and OECD would set up a monster data exchange when the IRS can’t figure out how to stop fraud by what appears – from the arrests made – from uneducated low-level crooks is simply mind-boggling!  Think of the hay day the real sophisticated international criminal networks and hackers are going to have when they get a hold of the new International Tax numbers these fools are wanting to create.  They must be salivating.

If you watch the CBS video to the end you will hear the CBS reporter sum up the problem this way:  “When you see that big time drug criminals giving up drugs to scam the IRS because there is more money, less likelihood of getting caught, and the sentence for stealing millions of dollars is just 5 years, you know we have a problem.”  I guess this is one way to end the War on Drugs.  Given them an easier target for making money rather than drug running? Yea, that works.

My friends, if FATCA goes GATCA, then any semblance of individual freedoms and liberties will have been flushed down the toilet in the name of “stopping tax evasion” by bureaucrats who have no controls placed on them by compliant Parliaments and Congress who don’t bother going through the process of actual public hearings, committee hearings, floor debates, and actual voting only after this ‘due process’ takes place.

BIG GLOBAL initiatives like this only come in the back door through collusion amongst like minded ideologically driven bureaucrats back up by co-enabling Capitalist Compliance Complex of BIG Accounting firms and tax practitioners who can clearly see an increase in their budgets, billable hours and grants of new powers beyond ANYTHING they would actually recoup in revenues for their treasury from the effort. It is a FATCAnatics wet dream!  It is about Control, not Collection. If sold at all to a compliant populace, it is an agenda hidden behind some vague notion of ‘fairness’ and Tax Justice. who can be against that, right?

Here is something that must always be remembered: There is never a perfect process in a democratic state; perfection is only achieved in dictatorships. The very idea that ALL of this expensive effort would somehow stop tax evasion or root out tax cheats (“once and for all” as Max Baucus said)  is sheer nonsense.  More importantly, this global auto exchange process will NOT miraculously solve the problem of governments spending more than they can afford, and and the so called new revenues will not help balance budgets. That is simply the most absurd arguments of all.  GATCA WILL DO NONE OF THESE THINGS!!  But, it will lead to more ‘dictatorship of the ‘bureaucrat’ at the expense of the democratic process, and again, Sophie is wise to worry about the direction FATCA ‘policy laundering’ is taking Europe.

Finally, back to the EU FATCA hearing and something Herr Giegold said.   I’m sure he’s a wonderful guy, though I don’t know him personally. This is what got to me viscerally however:

He spoke that the history of efforts for data exchange to stop “tax cheats” as being a long one going back to the League of Nations. I won’t argue that point; I’ll accept that he’s done the history. All I’ll say is I would be more receptive to that argument if a French, Dutch, or English person made the point. I, personally, have a hard time hearing that out of a German’s mouth. Not only because of why the League of Nations was instituted to begin with, but also as I consider what the subsequent history of the Nazis aggression across Europe and the impacts on another diaspora. Had Himmler had access to a data exchange agreement like the one proposed by FATCA and the additional call for a global automatic exchange which Giegold seems to believes should be done, what would they have wrought?  When he thanked the IRS for spurring the EU into “action” my visceral response was “Well, No thanks!! I have seen the results of those actions before.”

I apologize for the length of this missive, but as you probably can tell, I was at once appalled and frightened at the same time at what I heard, what I saw, and particularly all of the things that simply aren’t being said at all!

May I suggest – if we haven’t done so already – someone inform Sophie of the very UN-parliamentary way FATCA was “passed”, and the VERY limited power of the IRS to write or influence ALL of this exchange of data and reciprocity issue they have promised.

The IRS has NO authority to even suggest they have the power to make Congress do these things! They are the biggest frauds I’ve seen in a long time. Madoff could have learned some things from this! Perhaps you can also suggest that she organize a visit to the European Parliament by members of the JCT, so they hear what is being proposed and proffered by the IRS supposedly in the name of the US Congress. I have no doubt they would be absolutely appalled as well.

93 thoughts on “The Bigger Perspective on EU #FATCA Public Hearing, Policy Laundering, Reciprocity and the Consequences

  1. @Notamused – I don’t for a minute condemn the current generation of Germans at all. As I said, I lived there and have done business there for most of my life. My point was an historic one of principle: The number of attempts by the Nazi government to force their citizens who had left because of Hitler and his policies to either pay them, or continue to “co-operate” is legend. FATCA is the same kind of bullying but on a bigger scale.

    Add to this @swisspinoy’s post and now it is really starting to get frightening!

    Remember friends that FATCA is an EXCUSE for these nazi tactics – even the Joint Committee on Taxation doesn’t think it will generate more than $800 million a year – and that only if all overseas Americans do nothing, which of course is not happening is it? Those who had parked money in Switzerland or other soon to be FATCA-compliant countries have already moved it out of there and hid it in other forms.

    So we are going to be left with a FATCA regime that is being used by Eurocrats to force the same gestapo tactics on European citizens that then will be tied into OECD all under the guise of “controlling tax cheats” that will have absolutely no revenue produced of any consequence but will make all of the citizens of these countries – and especially Americans – frightened by the proverbial knock on the door by the IRS and their blood-hounds where rather than gain any revenue from taxes owed will simply shake you down for the $10,000 fines instead, “or else.”

    You must keep this fully in mind: FATCA WILL HAVE NO ECONOMIC CONSEQUENCES AT ALL – ONLY POLITICAL – AND ALL PAID FOR WITH YOUR INDIVIDUAL FREEDOMS!!

    FATCA is like the argument about stopping “crime”, particularly in America with guns under the 2nd amendment. The only way to do that is to take all the guns away, and institute a police state. I can tell you from personal experience that I never feared for my safety from crime from individuals when I visited any of the communist countries during the 70s. They were perfectly “safe” from this type of crime. I was, however – like the entire populus – TERRIFIED about my safety against crimes by the state!

    What we’ve just witnessed out of Cincinnati should scare everyone for good reasons – this is a forecast of what will come if the IRS is “unleashed” to do the political bidding of whoever is in power. I can’t really tell if I’m more concerned that what happened was actually perpetrated by “low-level employees” or directed by someone from Washington – neither is a prospect any of us should have to contemplate. Yet that is precisely what FATCA is forcing all of us to do.

    And from the “public hearing”, frankly everyone in the EU should wake up and wake up quickly to what this means for their freedom, too. I’d rather have 10% tax cheats and 90% free people than NO tax cheats and 100% slaves!

  2. Greens, Sven Gieborg explains his wild support and enthusiams for FATCA on his web site here.

    To which, I noticed that Victoria placed a very polite posting about his position, and asked the question about Dual Citizens and accidental Americans…

    Please tell us what we need to do to get these concerns taken seriously. Is it not possible that some of them could be addressed and mitigated before they fall on the heads of those who are not the primary targets of efforts to stop tax evasion?

    When I read his reply, I was somewhat stunned by this admission…

    Of course we are aware of the extensive definition of US taxpayers in US tax law. And that this leads to undesirable consequences. But “in my mind” this may not be an obstacle to establishing automatic exchange of information as new global standard, partly relying on collaboration with the financial institutions.

    At the risk of upsetting off my wife who was pacing at the door for us to leave and go on a hike on this first beautiful day in weeks, I took the time (“Just a minute Honey, I am almost done.” ) to post a comment that I was sure never would come out of moderation…

    But lo and behold, this evening it is indeed there… For how much longer, I don’t know, but maybe I will copy paste here before it disappears…

    Dear Mr. Giegold

    When you say, that treatment of EU citizens who also happen to have the IRS curse of ‘US Person’ designation is “not an obstacle to establishing automatic exchange of information” then you are saying you are quite happy to have them turned over to US tax authorities without regard to collateral damage and negative consequences. This is what will happen to your Citizens that FATCA implementation brings with it.

    It seems very reasonable, that if you are in-favor of these ‘automatic’ exchanges, and ‘global standards’ than at a minimum you should insist that the definition of ‘tax resident’ should be the same for all parties. You can not allow one member of an agreement to insist that its citizens (or persons) have supremacy over all others living in Europe. With this acquiescence you are giving up Europeans to the U.S. authorities without regard to due process or consequences.

    Don’t be so eager to throw millions under the bus just to be sure ‘all others’ are on for the ride.

    As a party who is generally in favor of ‘social justice and civil rights’, how can you live with this inconsistency? ‘Tax Resident’ should mean what it says, and you should not allow the U.S. to determine that ‘resident’ means whatever they wish.

    If you want international ‘global standards’ well start right there. You can not allow the terminology or definitions to be perverted by one participant. It can NOT have special meaning only for them. To extend ‘tax residency’ to all persons no matter where they live in the universe is a perversion too far, and I would think the Greens would stand against this.

    This is a particular area that the Greens in Canada may understand the issue better than you. Please reconsider your “mind.” America should not be able to claim dominance over its so called ‘U.S. Persons’ when they are physically ‘tax resident’ in your jurisdiction and paying taxes to a EU country. Where is the ‘fairness’ in that?

    Setting aside the civil liberties issues and injustice this represents,(which is reason enough for opposition) this insistence of America means effectively they are reaching into your Treasuries and extracting tribute from your economy for their debt ridden budget! In this time of ‘austerity’, do you want to allow that type of revenue transfer to the U.S. Treasury? That is NOT a problem “in your mind?”

    If the FATCA agreements are to be bilateral, why doesn’t Germany or any other EU country demand the same Citizenship rights to declare their ability to do the same for EU persons residing in America? Might as well call them ‘tax resident’ in the EU too for an even playing field.

    I am not really suggesting that you lower or expand your “global standard” to meet the perversion of U.S. universal “tax resident” definition, but it seems to me, that your position just capitulates to the U.S. with very little reward. If you followed the U.S. model, it would have terrible consequences for the free flow of capital and immigration, and I want to help you see the inconsistency of your position.

    So, this round up of ‘U.S’ persons in Europe (including those that are European) is REALLY ‘NOT a problem in your mind’ or obstacle to establishing automatic exchange? Certainly in your ‘heart of hearts’ you MUST know that it is.

    Do the right thing and simply demand that America define ‘Tax Resident’ exactly the same as EU members do and a lot of opposition to these exchanges fades away. It doesn’t mean FATCA is still a good idea, as you and I would disagree, but it does remove a BIG ‘unfairness’ obstacle that puts you clearly on the wrong side of civil / human rights and tax justice.

    Thank you for your re-consideration.

  3. @JustMe – delete your cookies and revisit his page (or view from an alternative browser). It’s still pending and not visible to the general public. You are better off sending your arguments to Sophie instead (to let her argue against him during their EP coffee breaks and on the floor).

  4. Hats off, Just Me! Thank you for putting that so well. This is the message we need to get out to political leaders here in Europe as FATCA starts to take root…

  5. look on your computer for

    wartet auf die Genehmigung
    or somesuch
    meaning awaiting moderation

    It will await moderation til anytime that he thinks it is to his advantage to write an answer

  6. Nonetheless, it is the most effective method of getting a message to him, whether he lets it out of moderation or not. He doesn’t even need to lose any face or show it to any of his colleagues.

  7. @Mark
    I had written a FATCA critical comment to his blog some time ago and it was never released. He obviously isn’t interested in dialogue or in hearing anything which weakens his position. It’s a mystery to me how someone can be so obtuse and incapable of recognizing the obvious. I’m afraid he’s a lost cause.

  8. It seems that advocates of FATCA argue that they are fighting against financial non-transparency. Yet, they often seem to be relying heavily on non-transparency to achieve this goal, censuring views, altering statistics, making false claims or denying access. So, will they later become transparent on their dealings with data privacy, or will data privacy become transparent to government secrecy? It smells fishy. Generally, the more control one grants the government, the more control it will seek.

  9. If you watch the video, and if you have been having correspondences with EU politicians, it is indeed all rotting fish. You can also read what he wrote and he barely even hides the rotting mess.

  10. Here’s my 2 cents:

    Dear Mr. Giegold,

    What steps are currently being taken to compensate the damage being done to innocent individuals who are being wrongly discriminated against as a result of FATCA? As a result of FATCA, I was forced to renounce US citizenship since my banks were discriminating against me due to my national origin. National origin discrimination is a federal crime in the United States and the Green party has always strongly opposed discrimination. Would you be honored if FATCA pressured you to renounce German citizenship to avoid discrimination, just as how Germany previously did so to its Jewish population?

    You write that FATCA is a “long awaited door opener”, and it is indeed opening up the door to national origin discrimination against Europeans to which the Green party is strongly opposed. Since you figure that such crime against Europeans is an undesirable but necessary component of FATCA, it would make sense to apply FATCA as a tool for fighting against discrimination by helping America to change its policy towards Europeans living in Europe, in compliance with the ideals of the Green Party.

    I’ve been a member of the Green party most of my life and Greens always battled against discrimination. So, instead of embracing what the Green party vigorously opposes to achieve what Greens have long been fighting for, please combine both battles for the better of all Europeans and to the best interests of the Green party. Maybe with your assistance, I will once again rejoin the Green Party!

    Europeans in Europe are first Europeans who have the right to be treated the same as any other European regardless of any ties they might have outside of Europe. Please don’t forget that the Green Party opposes discrimination!

  11. @BBC and Mark Twain…

    Well darn, I knew it was too good to be true, so just the same, even if he won’t let it out of moderation, he still had to see it to make the decision, so consider it an email to him. How else does he get these little “Know It Alls” the message….?? I will send the argument I made to Sophie

  12. Hmm. Mr Giegold must think he is under siege, since I also left a message for him today.

    I have started trying a new angle with FATCAnatics, by suggesting that an exemption from FATCA and IGA reporting for all EU citizens and residents will improve FATCA’s efficiency. It removes a large number of people who are by definition not tax evaders from the data passed between governments. In data processing terms, getting rid of a lot of ‘false positives’. How could a FATCAnatic not like that?! I am not sure if it will achieve anything, but it seems worth a shot.

    Here’s my response, for posterity in the (apparently likely) event that Mr Giegold moderates it into the trash can:

    Mr Giegold,

    You have not answered Victoria’s question, and your characterization of the problems FATCA will cause as ‘undesirable consequences’ is dismissive of the real problem. Reflect on what FATCA will do to EU families and citizens whom the US claims as US persons or US citizens merely by accident of birth or marriage.

    No one is against stopping tax evasion, but it is crucial that measures to prevent it should not cause massive harm to innocents. The EU must completely exempt ALL EU citizens and residents from FATCA reporting. This would solve most of the ‘undesirable consequences’. It balances the US and EU definition of taxpayers, yet improves FATCA’s effectiveness by removing from the data interchanged between tax authorities a lot of people who are by definition NOT tax evaders.

    Why have you not adopted this policy?

  13. Here is why we need FATCA. The IRS needs to spend on Fun, fun fun for our beleaguered enforcers… It looks like it Shulman really knew how to make the agents happy during his term. Dancing on their graves of their victims.

    As part of its audit, TIGTA found that the IRS held 225 conferences during fiscal years 2010 through 2012 for a total estimated cost of approximately $49 million.

    That’s economic stimulus for you.

    IRS Spent $4.1 Million at Anaheim Conference

    While IRS management provided documentation showing the final total costs at $4.1 million, TIGTA could not obtain reasonable assurance that this amount represents a full and accurate accounting of the conference costs. The IRS paid for the conference primarily through unused funding, which would have lapsed, originally intended for hiring enforcement employees.

    You have to wonder how many bad audits does the IRS have to have before Congress finally realizes that we need to put this monster out of its misery…

    Look at the 1099 mess they have with all their data collection and inability to match up prior to sending out refunds…

    50% of refunds sent out with only 3% match to information forms. So what does that say about the coming global FATCA automatic data (informational) exchanges.

    I could have written a better headline for this story than Michael ‘Cohen did…

    IRS Tries to Pre-Verify Tax Refunds

    So, good ole myopic focus Shulman and his “grand visions” are not working again, but they march on.

  14. SwissPinoy and Watcher

    Both excellent comments, even if they never see the light of day on his blog. At least he is personally forced to confront the consequences of his desires. You will never win the battle for his “MIND” on auto exchanges, (bad idea though it is.) but attacking on the ‘civil liberties’, ‘tax justice’, ‘fairness’ and ‘non discrimination’ themes that he and the Greens have stood for in the past, is probably the best you can hope for. He has to confront and face up to the inconsistency of his ideological positions.

    If he wants everyone on the auto bus ride, then he needs to assure he is not throwing his own ideals under the bus in the process.

  15. btw, in Platos response to @notamused, I noticed this statement…

    “You must keep this fully in mind: FATCA WILL HAVE NO ECONOMIC CONSEQUENCES AT ALL – ONLY POLITICAL – AND ALL PAID FOR WITH YOUR INDIVIDUAL FREEDOMS!!”

    I went to tweet that statment but realized it doesn’t stand alone as a tweet without reading in the context of what he said..

    So, for tweeting purposes, I adapted (evolved it)

    FATCA WILL HAVE NO ECONOMIC benefits for Governments AT ALL – But ONLY POLITICAL Consequences – AND ALL PAID FOR WITH YOUR INDIVIDUAL FREEDOMS!!

  16. @Just Me
    I know what you mean. Your above tweet was very Rand Paul-esque. I have a twitter account but my analogue brain can’t figure it out. My husband is pretty tech savvy and he has a hard time with it too. I think we need lessons from someone other than our kids who were born knowing this stuff…

  17. @SwissPinoy…

    That is a great break through for a Progressive magazine like The Atlantic. Thanks for drawing my attention to it. We need to spread this one around, as Progressive will probably NOT read “The Daily Caller” if it published a similar story.

    I just sent this off to James Fallows of the Atlantic, that wrote the FATCA trilogy about a year and a half ago…

    James…

    I assume you saw this today? Just for your reference file should you return to the FATCA subject someday. Awareness is growing even in progressive circles, that good intentions have bad consequences.

    The Unintended Consequences of Cracking Down on Tax Dodgers Abroad

    A regulation makes banks report foreign accounts to the IRS, but some are finding loopholes in the law aimed at closing loopholes.

    One of the Major things this report didn’t address about the Unintended consequences, is that Treasury and the Obama administration, via the 2014 budget, page 202, intend to impose the same reporting requirements onto the US financial Institutions via a request for more regulatory authority. They have promised reciprocity in the FATCA IGAs under the “What is good for the goose is good for the gander?” I call it a domestic FATCA or DATCA. But, they have no such authority to do that , YET! Do you think Harry Reid and Joe Biden will give up Nevada and Delaware beneficial ownership opacity for the greater good in a FATCA reciprocity deal?

    Treasury seems to think they will. From a recent EU Parliament FATCA public hearing.

    Transcript of part of the final comments made by Treasury’s Robert Stack…

    And finally on reciprocity, we would simply point out that under our IGAs that are reciprocal, the IRS agrees to exchange information on interest, dividends and other income that is already collect, which is substantial and in some cases more extensive than what has to be, uh, reported under FATCA.

    The US recognizes the importance of reaching equivalent levels of exchange, uh, under all our law, that we are getting from other jurisdictions. And the administration has included in its budget proposal a provision that would permit U.S. Financial Institutions to make such equivalent exchanges.

    Under the U.S. political system, uh, different from some Parliamentary systems, we need to work that through Congress but we are um, we are committed to doing that. Once we’ve done that, to go to the question of beneficial ownership in Delaware, once we have equivalent levels of exchange, we would expect our own financial institutions would be required to look through entities and report on individuals just as non U.S. institutions are required to do under our IGA

    I have the entire transcript attached

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