UPDATE SUNDAY NOVEMBER 13, 2016
REINCE PRIEBUS CHOSEN TO BE PE TRUMP’S CHIEF OF STAFF
EXCERPTS:
WASHINGTON — President-elect Donald J. Trump on Sunday chose Reince Priebus, the chairman of the Republican National Committee and a loyal campaign adviser, to be his White House chief of staff, turning to a Washington insider whose friendship with the House speaker, Paul D. Ryan, could help secure early legislative victories.
But as chief of staff, Mr. Priebus will be the one who has several hundred White House staff members reporting to him. He will be the primary gatekeeper for Mr. Trump and the person most responsible for steering the president’s agenda through Congress. That role will be especially critical for Mr. Trump, who has never served in government and has few connections to important political figures.
As Mr. Trump denounced the Republican primary process as rigged and, on occasion, threatened to quit the party and run on his own, Mr. Priebus remained neutral. And when Mr. Trump secured the nomination, Mr. Priebus stood by his side.
Mr. Priebus worked with Mr. Trump on the nuts and bolts of presidential politics, trying to smooth his rough edges and staying in close contact as a bare-bones campaign prepared to go up against the Clinton machine.
PRESS RELEASE VIA MR. PRIEBUS JULY 2015
**********
I found myself wondering just what it is expats will want to focus on now, that the Republicans have the Presidency, and control of the House and the Senate. As Stephen Kish pointed out, this could change in two years (well, really just a bit more than a year as once the campaiging for the interim elections in 2018 start, we will likely have lost our chance to get this done quickly. What we do in the next year is critical to dumping FATCA and CBT.
I started thinking about what they promised and have gone through the Platform. I am going to list the main things I found that relate to our issues; if anyone finds more, please post. I also have two documents that focus specifically on FATCA and RBT as well as the link to Republicans Overseas Resolutions posted long ago on their FB site. It would be helpful if others want to isolate points and phrases to focus on in communications to the Republicans.
People may. may not want to coordinate efforts but I assume there will be letters written, emails sent and so on. You may remember that Congressman Mark Meadows (R NC) introduced H.R. 5935 seeking to have an oversight hearing on FATCA repeal. Once we know the date of the hearings and who will sit on the committee, we would start there I presume. And then follow the movement of what occurs……Calls for witnesses were posted on the Isaac Brock Society indicating interested parties should contact Keith Redmond by email at FATCA_Testimonials@outlook.com
*****
THE REPUBLICAN PLATFORM
excerpts from sections related to our issues
RESTORING THE AMERICAN DREAM
Fair and Simple Taxes for Growth p 1
The current tax code is rightly the object of both anger and mockery. Its length is exceeded only by its complexity. We must start anew. That will be an enormous undertaking and, if it is to succeed, it must command the attention and approval of the American people………….. We will welcome all to this enterprise — to discuss, debate, challenge, and amend — so that together we can restore economic growth for the American people and, even more important, renew their faith in the future
NB:This is their promise to listen.
Our Tax Principles p 2
To ensure that past abuses will not be repeated, we assert these fundamental principles. We oppose retroactive taxation. We condemn attempts by activist judges at any level of government to seize the power of the purse from the people’s elected representatives by ordering higher taxes. We oppose tax policies that deliberately divide Americans or promote class warfare.
NB:This would deal with the bizarre idea that 877A is retroactive.
To guard against hypertaxation of the American people in any restructuring of the federal tax system, any value added tax or national sales tax must be tied to the simultaneous repeal of the Sixteenth Amendment, which established the federal income tax.
NB:This would eliminate the whole need for filing in terms of taxes as value added or national sales tax will not affect Americans abroad in any significant way.
A Competitive America p 2
American businesses now face the world’s highest corporate tax rates. That’s like putting lead shoes on your cross-country team. It reduces companies’ ability to compete overseas, encourages them to move abroad, lessens their investment, cripples job creation here at home, lowers American wages, and fosters the avoidance of tax liability — without actually increasing tax revenues. A more damaging policy is hard to imagine.
NB:Please see an excellent paper by Roger Conklin which outlines how CBT directly affects Trade.(via The Revenue Act of 1962 & The Tax Reform Act of 1976; the U.S. has never recorded a trade surplus since 1975).
We endorse the recommendation of the National Commission on Fiscal Responsibility and Reform, as well as the current Administration’s Export Council, to switch to a territorial system of taxation so that profits earned and taxed abroad may be repatriated for job-creating investment here at home. We believe American companies should be headquartered in America. We should reduce barriers to accomplishing that goal. A Winning Trade Policy International trade is crucial for all sectors of America’s economy. Massive trade deficits are not. We envision a worldwide multilateral agreement among nations committed to the principles of open markets, what has been called a “Reagan Economic Zone,” in which free trade will truly be fair trade for all concerned.
NB:Trade is important to Trump. He needs to know how CBT affects it. If they offer territorial taxation to corporations,they can offer RBT to Americans abroad.
A REBIRTH OF CONSTITUTIONAL GOVERNMENT
The Fourth Amendment: Liberty and Privacy p 13
The Foreign Account Tax Compliance Act (FATCA) and the Foreign Bank and Asset Reporting Requirements result in government’s warrantless seizure of personal financial information without reasonable suspicion or probable cause. Americans overseas should enjoy the same rights as Americans residing in the United States, whose private financial information is not subject to disclosure to the government except as to interest earned. The requirement for all banks around the world to provide detailed information to the IRS about American account holders outside the United States has resulted in banks refusing service to them. Thus, FATCA not only allows “unreasonable search and seizures” but also threatens the ability of overseas Americans to lead normal lives. We call for its repeal and for a change to residency-based taxation for U.S. citizens overseas.
NB: This needs no comment. Other than it might be pointed out that many of the accounts reported on FBAR and 8938, are registered government plans. Some even include government grants which are taxed. The idea that these can be used for money laundering or terrorism is simply absurd.
GOVERNMENT REFORM
Reforming the Treaty System p 26
We intend to restore the treaty system specified by the Constitution: The president negotiates agreements, submits them to the Senate, with ratification requiring two-thirds of the senators present and voting. This was good enough for George Washington but is too restrictive for the current chief executive, who presumes to bind this country to bilateral and multilateral agreements of his devising. His media admirers portray his personal commitments — whether on climate change, Iranian weapons, or other matters — as done deals. They are not, and a new Republican executive will work with the Congress to re-establish constitutional order in America’s foreign relations. All international executive agreements and political arrangements entered into by the current Administration must be deemed null and void as mere expressions of the current president’s preferences. Those which are in the national interest but would traditionally have been made by treaty must be abrogated, renegotiated as treaties, and transmitted to the Senate for its advice and consent as required by the Constitution. The United States will withdraw from all agreements and arrangements failing those standards.
NB: Bye bye IGAs
Please see Professor Allison Christians excellent paper The Dubious Legal Pedigree of IGAs (and Why it Matters)
Internal Revenue Service p 27
We also support making the federal tax code so simple and easy to understand that the IRS becomes obsolete and can be abolished.
NB: Bye bye OVDP, Streamlined, threats of penalties etc
************
Here are three more direct sources of the Republican positions. I will probably do the same with these as above. But the more the merrier!
Resolution Supporting Residence Based Taxation
Resolution toRepeal the Foreign AccountTaxCompliance Act
A proposed RNC Resolution titled — Resolution to Repeal the Foreign Account Tax Compliance Act (FATCA) compiled by Republicans Overseas.
@dod, last I looked at the sidebar…”The Isaac Brock Society is a website, an open forum to discuss the issues of United States citizenship, extra-territorial taxation, FBAR, and FATCA.”
Your worry about US relatives and “(Repeal Obamacare, defund Planned Parenthood , obliterate any controls on assault weapons,deport millions, etc, etc.” have nothing to do with ” the issues of United States citizenship, extra-territorial taxation, FBAR, and FATCA.”
The donors to ADCS are focused like a laser on getting FATCA out of Canada.
What you are whinging about is a distraction.
I can state as fact that there are folks on this site who want FATCA abolished who think Obamacare is a disaster and Clinton is a neocon warmonger who wanted to go to war with Russia and draft young women. But……….all those political views are a distraction so they do not matter.
Again, if you want to help please do so but being a distraction to those that want to end FATCA is not helpful. You are simply adding fuel and succor to the compliance condor industry and enabling them.
@ iota
John Bolton? It’s hard to imagine anyone worse than that or anyone more antithetical to Trump’s purported foreign policy of rapproachment with Russia. All politicians and obviously “accidental politicians” always disappoint but I’ll just keep focusing on that bright light, Reince Priebus, and hope that some others with some degree of FATCA awareness get appointments in the new administration. Gathering from the lists of possible appointees I’ve been looking at, Rand Paul is not a possible.
@Pacifica, what does bitching about repeal of Obamacare have to do with FATCA? That is NOT a front to fight FATCA, CBT…….
The position espoused by some liberal Canadians is that because Trump has been elected, there should be NO further action taken on fighting FATCA and CBT. They seem to feel (my guess) that if Trump does honour the GOP platform it may hurt the Democrats!!
I do NOT care who gets credit for abolishing CBT, I just want it done and if the “orange devil” abolishes CBT I will say Thank You!!
As a continuous financial supporter of ADCS, I am appalled to see Canadians now saying that they will take no further actions after my considerable investment in what is to me a foreign lawsuit.
@Embee, “I’ll just keep focusing on that bright light, Reince Priebus, and hope that some others with some degree of FATCA awareness get appointments in the new administration. ”
Thank you for keeping focused and that is to defeat FATCA.
It IS wothwhile to talk about appointees that will have on impact on FATCA.
I am sure there is a list of nominees of Secretary of Agriculture but to be honest that will have no impact on FATCA or CBT. So I hope no one posts a comment on the Secy of Agriculture.
I will digress for you…….there is no way Bolton will be appointed Secy State, never going to happen. That was someone in Washington setting a trial balloon LIKELY to smoke out several candidates being considered for other positions who were neocons. Bolton would have more likely been chosen by Clinton than Trump.
Back on track…..we do need to watch who is appointed Secy Treasury as that is a high impact FATCA position.
@ George,
What I was referring to, as I quoted in my comment, was specifically your comment regarding not participating in the attempt to influence the new US administration:
Whether a person choose to fight on that front or not, there’s plenty to be done on several fronts. I feel that all are welcome here, whether they choose to fight on a particular front or not. Or, for that matter, if they’re really busy straightening out their own personal situation in this mess and don’t have time/energy to fight on any front, they’re still welcome here.
@George et. al.
I’ll offer a bit of perspective here.
I’ve personally “renounced” insofar as I no longer consider myself a US citizen and will not attempt to influence events in the US. I don’t vote in US elections. I don’t wish for the rights and privileges, nor the obligations, of US citizenship. (I won’t renew it, but I do carry a valid US passport in my back pocket in case the chaps at the border ask questions about the US birthplace on my Canadian passport; it’s only happened once, and I try not to spend any more time in the US than necessary.) I’m not inclined to formally renounce because I think the fee is extortionate, and I don’t wish to participate in the exit tax process.
If the new Republican government gets rid of FATCA or CBT, great, bonus, it might one day save me some grief, but as a Canadian citizen living in Canada, with no US assets or income, US tax law has no impact on me at present. It can be easily ignored. Do not file returns or FBARs, do not truthfully answer citizenship questions from financial institutions. Very simple.
My support for the FATCA lawsuit in Canada is lukewarm. Not because I like FATCA, but for the pragmatic reason that we might end up worse off if we unilaterally tore up the IGA. Perhaps the new election result changes this calculation.
What I do think I can and should do here, rather than moving along, is advising others like myself, Canadian citizens and residents born in the US, to not panic and rush into compliance, to follow a strategy of passive resistance. Unless there’s a dramatic change in the rules – and anything is possible – we are protected against any action by the US government. The most important principle is to remain hidden, but if that fails there are no consequences to US demands.
@George
I digress…
@Nononymouse, “What I do think I can and should do here, rather than moving along, is advising others like myself, Canadian citizens and residents born in the US, to not panic and rush into compliance, to follow a strategy of passive resistance.”
Bravo and that has nothing to do with whomever sits in the oval office.
Guess what, I am in your do not panic corner in talking with people. Yes, that voice is needed here and there are probably many folks who bought a CLN and did not need to.
Again the focus on keeping the USA out of our financial lives and stopping our governements from throwing us under the bus, its not about who Trump appoints as Secy of Agriculture and I am sure there are one or two Brockers who may have strong feelings on his pick for Secy Agriculture.
Some commenters have assumed that those at IBS are fully like minded on all other issues and that is not the case, IBS is unique in that it unites a very unusual group who have a common cause.
The only commonality we all have is we hate FATCA.
We must all hang together or we shall all assuradly be hung seperately. (Ben Franklin)
“I don’t vote in US elections. I don’t wish for the rights and privileges, nor the obligations, of US citizenship. (I won’t renew it, but I do carry a valid US passport in my back pocket in case the chaps at the border ask questions about the US birthplace on my Canadian passport; it’s only happened once, and I try not to spend any more time in the US than necessary.) ”
I have never heard of anyone in your situation being turned away. Sounds to me you want to maintain your right of entry.
I have my opinions about what happens below the border but as a Canadian (Canadian ONLY) and a firm ADCS supporter I’ve concentrated on what I can do above the border to encourage my government to do the right thing. My opinions mean diddly-squat down there anyway. I was so proud and grateful to see ADCS take the Canadian government to task on FATCA and if our constitutional challenge is successful it will be an extremely happy day for me. I’m also delighted when I see Americans living here and elsewhere outside the USA dig in and do whatever they can to knock some common sense into the US government which has so egregiously inserted itself into their financial affairs. I hope nobody here will dampen anyone’s enthusiasm to take advantage of what looks like a crack in the FATCA dam, now that there’s about to be a new US president who just might have less of an establishment mindset. He won’t be able to fix everything, probably not even very much at all, but if he fixes the FATCA and CBT problem then that’s enough … almost. There’s something else … a BIG something else. I want US military aggresion around the world to stop. This planet needs some peace.
All that being said, I’m appalled by the election result. In my personal view the negatives vastly outweigh the positives. Obviously others will have differing opinions. Ultimately however it’s neither here nor there and not really relevant to the discussion at hand.
@Embee – “I want US military aggresion around the world to stop. This planet needs some peace.”
Hear hear.
@Bubblebustin
Regarding the US passport, it’s tricky. I’d like to maintain the same rights of entry that Canadians have, that’s all.
On one occasion I encountered difficulties on a short business trip when I used my Canadian passport at the airport and was told that I needed some species of visa to attend meetings for a couple of days. I moaned that this was a typical sort of thing that we do all the time without any grief, but was prepared to turn around and call my boss and tell him they wouldn’t let me in. The officer then squinted at my place of birth and asked if I was a US citizen and when I answered yes, gave me a long lecture about how I was required to use a US passport (he didn’t say it, but I later learned that there is a fine for attempting to enter the US on a foreign passport if you’re a US citizen).
So unfortunately if you need to go to the US for work, it’s a bit risky with a Canadian passport and US birthplace, unless you’ve renounced and carry a copy of your CLN.
PS He did actually let me into the US after the lecture. I had superstitiously tossed an expired US passport into my bag, which helped.
PPS I’ve not been to the US too many times since that trip, but on all occasions I have entered successfully on my Canadian passport. I do not offer citizenship information unless asked, and if asked I answer truthfully, though in a very limited and specific way: “Are you a Canadian citizen?” “Yes.”
George You know nothing about me. I supported the lawsuit from day 1. I have pointed out the dangers of the compliance industry. I was one of the first to call out Roy Berg.
I have consistently advised people not to panic, and to cooperate to the very least extent possible. ( only file if you really have to and then file as little as possible)
Every thing you say doesn’t change the fact that Trump is a con man,.
.”Always question authority “. Hitchens
PPPS – Sorry, need an edit function – When heading south I do keep the US passport handy in case trouble arises with the Canadian passport. That’s what I meant in the earlier comment by having it in the back pocket. Hasn’t yet been necessary.
@Nononymous – are you admitting to disrespectfully sitting on that little blue book? 🙂
@Bubbles…I am not on any social media……but since you are… 🙂
Could you post a question at RO Facebook? Ask for an update on the litigation and what we can do to help RO to abolish FATCA and RBT.
As a note, I think RO is a pressure point for us along with Rand Pauls office.
Again, I am highly confident we shall have several wins this year and next in the following order;
1.) FATCA for outlanders abolished.
2.) Secy Treasury issues new rules on FBAR raising reporting limit and exempting countries with robust AML.
3.) CBT abolished.
4.) State Dept adopting administrative assumption if you are born overseas and have not applied for USC you do not have it.
5.) Path to Citizenship for those that lost it.
In Canada………….drum roll please prediction……………..after some nudging by IBS and ADCS folks, the Trudeau government drops defending the IGA when they realize Trump will unsign the unconstiutional IGA.
@Bubbles, @Embee…….when the above DOES happen…..you can both be proud for all the fighting you have done. Your work IS going to pay off and benefit a lot of people you never met.
@iota
Exactly!
I’m pretty chill about this whole US citizenship thing but I did at least take the precaution of doing the renewal while temporarily resident for half a year in a European country that shall remain nameless. So if the IRS sent any letters my way, they’ll have disappeared into a void.
It’s interesting, actually, five years ago or thereabouts the passport application required you to give your SSN and certify that you were up to date on taxes (on penalty of a $500 fine for perjury, which is a bargain compared to what an account would charge for five years’ worth of returns). When I saw that I chose not to renew. Then a few years later the text changed and you only had to certify that you were giving the correct SSN, or zeroes if you had none. So I renewed. I attribute the change to the apparent tensions between the State Department and IRS, with the former wanting no role in collecting for the latter.
@dod, I do not care if Trump is a con man, the devil or a saint. Trump IS the president elect of the USA and he is the one who has the ability to end FATCA and CBT.
I will openly condemn Trump if the GOP platform is not fullfilled.
I will send Trump a beautiful thank you card if the GOP platform is fullfilled and I will sing his praise.
What I do know is that the Democrats and Obama have in fact caused immense harm to my countrymen with “US indica.” Donald Trump has done nothing to harm me, my family or any of my countrymen.
The name and shame list is a Shame List against the USA not the people on the list!! Trump will bear that shame in 12 months if action has not been taken to reduce the numbers renouncing. Currently the shame of that list belongs solely to the Democrat Party and Obama.
@Nononymous – “I attribute the change to the apparent tensions between the State Department and IRS, with the former wanting no role in collecting for the latter.”
Yep, I think you are right on that.
From page 13 of the RNC Platform:
“The Fourth Amendment:
Liberty and Privacy
Affirming the Fourth Amendment “right of
the people to be secure in their houses, papers,
and effects, against unreasonable searches and
seizures,” we call for strict limitations on the use of
aerial surveillance on U.S. soil, with the exception of
patrolling our national borders for illegal entry and
activity. We oppose any attempts by government
to require surveillance devices in our daily lives,
including tracking devices in motor vehicles.
In recent years, technology companies have
responded to market demand for products and
services that protect the privacy of customers
through increasingly sophisticated encryption
technology. These increased privacy protections
have become crucial to the digital economy. At the
same time, however, such innovations have brought
new dangers, especially from criminals and terrorists
who seek to use encryption technology to harm us.
No matter the medium, citizens must retain the
right to communicate with one another free from
unlawful government intrusion. It will not be easy
to balance privacy rights with the government’s
legitimate need to access encrypted information.
This issue is too important to be left to the courts.
A Republican president and a Republican Congress
must listen to the American people and forge a
consensus solution.
The Foreign Account Tax Compliance Act
(FATCA) and the Foreign Bank and Asset Reporting
Requirements result in government’s warrantless
seizure of personal financial information without
reasonable suspicion or probable cause. Americans
overseas should enjoy the same rights as Americans
residing in the United States, whose private
financial information is not subject to disclosure
to the government except as to interest earned.
The requirement for all banks around the world
to provide detailed information to the IRS about
American account holders outside the United States
has resulted in banks refusing service to them. Thus,
FATCA not only allows “unreasonable search and
seizures” but also threatens the ability of overseas
Americans to lead normal lives. We call for its repeal
and for a change to residency-based taxation for
U.S. citizens overseas.”
Considering the platform emphasizes heavily on return to Constitutional principles, particularly that of the Fourth Amendment , for the purposes of FATCA and IGA interest.
Further, considering the IRS implemented IGA’s because they knew FATCA was unenforcable without bullying countries into changing their own laws and abandoning their own sovereignty, they told these countries that IGAs were ‘treaties’ when clearly they are not.
With or without lawsuits, IGAs under a Trump Administration are going down.
His comments on TPP only emphasize that and reinforce Rand Paul’s stand on ‘treaties’ and his insistence that they MUST be ratified by Congress means that the end of IRS lawlessness on many fronts, including FATCA and IGAs is in sight.
Inasmuch as Justin Trudeau folded like a cheap suit regarding NAFTA ( and will do the same regarding TPP) when President Trump and Congress make mincemeat out of the IGAs and FATCA he will go along like the happy little tail wagging puppy he is.
Professor Christians has always been right. So has everyone else who spoke for standing up for Canadian sovereignty and the Canadian people in that Finance meeting in 2014. They were right. They are right and both the Conservative and Liberal governments should have recognized that and inserted the amendment recommended. It would have saved enormous time, worry, mental health, not to mention millions of dollars and the destruction of entire families.
That is what happens when criminals grab the powers of government for world domination.
There IS a new BOSS in town. Thank God!
@Furious AC, hence why I am firmly convinced the IGAs will go down. The repeal of the IGA was never a manifesto item in Canada by Trudeau (I think) so no strong incentive to toss it aside.
There is simply no room for the IGAs to still be standing as illegal executive agreements, Trump has to unsign. There are too many promises made by too many people. Plus there is NO WAY the Trump Admin will defend them against Paul Rands lawsuit.
If there was a bookmaker taking bets on this I would place it.
Thats why…..I think ADCS and Brockers need to start pushing the Canadian Government over the edge to STOP defending the lawsuit!!
This is a no-brainer, Trudeaua can make a gratuitous speech that A Canadian is a Canadian and declare he is no longer going to defend against the lawsuit!! But I think you guys need to plant the seed in your politicians ears.
I think a repeal of FATCA is more tricky because of the 60 vote cloture rule in the Senate. So it may need to be in a budget bill, but the cost to repeal is cheap since the projected income was so small.
But once the IGAs die, its just like spraying RoundUp on a leaf….the roots die soon after.
Professor Christians has been a hero.
@ Furious AC
I hadn’t read that part about surveillance. It ties in beautifully to the FATCA part. It’s ALL about the freedom to go about our daily lives without fear of government misinterpretation of our actions, miscalculation of our intentions and misunderstanding of our very thoughts. Although Brockers do have some thoughts about FATCA/FBAR/CBT that we wish the US gov’t understood better. I personally don’t want to end up living in the “Minority Report”. I’d love to see a Canadian party platform incorporating some of these RNC freedom planks.