Let the Lawsuits Continue!
Another group of people, residents & citizens of other nations (yet claimed by the U.S. all the same), the Association des Américains Accidentels has formed a legal entity in order to raise funding for procuring a legal opinion and proceeding with litigation against the FATCA IGA in France and/or the European Union courts.
We began our journey in February 2014 and welcome this effort, hoping it spreads around the world. Best thing to remember:
This is not a sprint, it’s a marathon and “always concentrate on how far you’ve come, rather than how far you have left to go.”
WHO WILL BE NEXT?
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cross posted from Association of Américains Accidentels
Let's Unite to Defeat #FATCA! Assn des Américains Accidentels asking 4 donations 2 initiate litigation https://t.co/esrmqpOD8X Pls RT pic.twitter.com/zgHGjlRa9K
— Patricia Moon (@nobledreamer16) June 5, 2017
Let’s Unite to Defeat FATCA!
The “Association of Américains Accidentels” (Accidental Americans Association) is a legally formed entity under the French law of 1901.
Its aim is to defend and protect Franco-American binationals against the nefarious effects of FATCA. The consequences of this Inter Governmental Agreement (IGA) between France and the United States have been manyfold and tragic for binational citizens: French banks have refused to open accounts or have closed them, payments of inheritances have been suspended, insurance policies and mortgages have been cancelled among other bureaucratic hassles binationals have had to endure. This has resulted in feelings of great anxiety, anger as well as the feeling that French Authorities has abandoned them to their fate.
The Association has two goals: First, to seek legal opinions in French, European and International law to defeat FATCA in France or better yet in the European Union altogether and secondly to undertake the necessary judicial actions to exclude binationals from the FATCA IGA’s once and for all. Preliminary conversations with highly qualified lawyers have been promising and we think that there may be solid legal grounds to achieve this goal whether at the French or European Union level or both. But legal opinions by good lawyers are not free.
To this end we have started a fund raising drive and we need you.
In advance, many thanks for your help and Let’s Unite to Defeat FATCA!
Fabien Lehagre
Président de l’Association des Américains Accidentels (AAA)
Published on Jun 6, 2017
1ère réunion de l’Association des Américains Accidentels le 29 avril 2017 à Gourin (56).
Les Américains « accidentels » ont répondu à l’appel de Fabien Lehagre qui a lancé son collectif qui regroupe ces Franco-Américains, nés sur le sol français d’au moins un parent américain ou nés sur le sol américain d’au moins un parent français. Les États-Unis, ils n’y ont passé que quelques semaines ou quelques années d’enfance…
Et pourtant, depuis 2014, le fisc américain leur court après. Depuis que la France a signé avec les États-Unis l’accord Fatca, qui oblige les banques françaises à transmettre les informations bancaires de leur client présentant un « indice d’américanité » à l’IRS, le fisc américain.
Depuis, ces Américains Accidentels subissent une effroyable injustice…
Félicitations et bonne chance!
This is an interesting and welcome development.
But, is this a group of “expats”? As I understand the situation, this initiative comes from a group of people with NO connection to the United States other than a U.S. place of birth (the “seal of U.S. property”).
Should it become a reality, this lawsuit would emphasize that the true effect (and possible purpose) of FATCA is to assist in extending the U.S. tax base into other nations.
It appears that no country has realized (and this lawsuit would provide education) that by signing the IGA, a country agrees to help the USA impose taxation on the citizens and residents of their country.
Stupid is as stupid does!
@USCA
okay I didn’t think I will change the wording……….
Still – it is good thing. The whole law is SO FLAWED that all angles are important.
Finalement! They have my moral and financial support!…
Another front. Bonne chance!
Great to see another anti-FATCA lawsuit on the horizon. Hard to believe our Canadian lawsuit has been in the works for three years. The France/EU effort has a ways to go but I send them best wishes for a successful outcome.
@USCAbroad, the definition of the accidental American also includes those born without a US birthplace, but with only one or more US parent. So, even further removed from any US relationship.
What is the name for a lifelong extraterritorial economic / tax burden inherited via DNA?
Fabulous! May the lawsuits not only continue but multiply!
@Badger
I am not convinced that those born abroad to a USC parent are U.S. citizens without taking steps to actually “claim” that citizenship (in which case they may not be accidental but deliberate). I understand this is a contentious issue, but just my two cents …
Something that seems to be obscured in all our musings is that many, many Canadians, born and bred in Canada are caught up in this FATCA evil octopus. These are Canadians who have never worked outside the country or ever worked for anyone or anything outside Canada, yet the IRS feels it is their right to know ALL their financial business and assume the right to take their financial lives and ruin them entirely.
They do NOT have that right but those Canadians have their own government working against them to supply these thieves with THAT information with NO justification whatsoever.
Their perceived ‘crime’? They married a US Citizen.
@ USCitizenAbroad: So these three umpires were talking. One says, “I call ’em like I see ’em.” The next says, “I call ’em like they are.” The third says, “They are nothing until I call ’em.”
Laws are like that. They describe / prescribe patterns of social and institutional behavior, but do not otherwise “exist” in any objective way. International situations and “choice of law” problems add further complications. So the question of whether you “are” a US citizen would depend on power disparities, which in turn depends on your personal circumstances. Hopefully you can avoid “playing the same game” as the US government.
They could tweet to the government of France and include #FATCA, do it on Wednesdays EST as part of the FATCA Twitter Rally, and thereby get more retweet and like, and elevate the chance to get noticed.
I would like to commend those involved with creating AAA for a great step forward for France and for Europe !! BRAVO !!
I just spoke to Fabien Lehagre, President of AAA, here is the contact information for AAA should one want to forward a donation through some means other than by bankcard on https://www.leetchi.com/c/association-accidental-americans, or should one wish to get in contact with them for other reasons:
Association des Américains Accidentels
Chez Jade Gilles
16 rue Jean Minjoz
F-75014 Paris
FRANCE
email: Usaccidental@gmail.com
Their FB page: https://www.facebook.com/Association.Americains.Accidentels/
According to Fabien, an independent website will be set up in the near future. A copy of the text of the charter of the nonprofit association (“Les Statuts” in French) is available upon request to them.
I would strongly encourage all Brockers and friends in the wider anti-FBAR/FATCA/CBT movement, and especially in Europe (including Switzerland) to do whatever they can to support this new organization in France !
Right on !
Proud of you folks seeking to start this new Litigation push.
Finally somebody is starting the process to get this issue in front of EU courts! I’ll make a donation.
this is beyond “fantastique” !! Vive la France!
I suggest their own website. Fund raising may be a focal point of that.
The website would outline the issues. To attract international interest there would need to be an English version of this or easy English translation.
Congratulations on this development and I wish them well in their fight against tyranny and injustice being imposed on people thousands of kilometres from the United States by the United States. The disgust and disdain towards FATCA is increasing by the day. I was a dual French/US citizen, having wisely renounced three years ago. My own bank has told me that their head office has raised the issues caused by FATCA, along with the tremendous costs involved with implementing FATCA with the Ministry of Finance. I was also told that the level of anger towards US financial tyranny is soon reaching boiling point, as new instructions, new orders and new threats of fines and penalties for any “foreign” bank that doesn’t obey the despots in Washington keep coming every week. Soon the tables will turn, make no mistake about it. It is starting to happen in many ways. Many French banks strongly advise their clients not to invest directly in U.S. shares, as the risks are too high with direct investment, using custodial banks in the U.S. The U.S. also has a law, unbeknownst to many, that states that if a non-resident foreign person holds more than $60,000 worth of U.S. based shares, that upon that person’s death, their entire estate may be subjected to U.S. estate tax. Yes, their entire estate, even if the person never even lived or set foot in the U.S and was not even a U.S. citizen, born elsewhere. They, and their beneficiaries get trapped if upon their death they have more than $60,000 worth of U.S. shares, held in the U.S. in their investment portfolio. It’s just another little exploitative criminal scam of the system there. Due to this and FATCA, my bank now advises clients that they enter a minefield if they get involved in the U.S. market and it’s better to stay away and invest elsewhere. The chickens are coming home to roost!
Great to hear that more countries are standing up to the US tyrants.
@Pierre-Anthony – Yes, a non-resident alien with more than $60,000 of US assets is subject to US estate tax, but only on US assets, not the entire estate. The tax is 40% of US assets in excess of $60,000. My understanding is that, particularly with regard to investments held in overseas accounts, this has not been systematically enforced.
Still – for non-resident aliens, best is to avoid direct investment in US stock, bonds, mutual funds, or any other US assets. The uncollected estate tax from non-resident aliens has been mentioned as an easy source of funds to plug the holes in the US budget, so I wouldn’t count on the current lax enforcement to continue.
@Karen.
Does that apply to property held in the US, I am wondering about holiday homes owned by NRAs in Florida etc?
I believe pension funds held in the US are protected by various tax treaties.
@ Heidi
Yes it applies to real property held in the US. I believe it also applies to retirement savings in the US, though this can be modified by treaty. The US does have estate tax treaties with some jurisdictions. There’s one with Australia, but Australia considers it irrelevant because Australia no longer has any inheritance tax.
Pierre-Anthony & Karen: Is it possible for one of you to find the exact legislation concerning the taxation of non-resident aliens’ estates on U.S. assets over $60,000? I have several “pure” Canadian friends who would be directly affected by this and I would like to warn them before their heirs find out the bad news. I am fresh out of research time over the next few days but would love to have this info. Can you help? ( I’m sorry that I may not be able to respond quickly to any answer you can provide. I am grateful for it nonetheless!)
Many thanks for bringing this to our attention. It seems that when you think you’ve heard it all, yet another piece of tax idiocy crops up!
@MuzzledNoMore
Estate tax on non-resident aliens is imposed by Internal Revenue Code sections 2101-2106 (https://www.law.cornell.edu/uscode/text/26/subtitle-B/chapter-11/subchapter-B).
The IRS information page is https://www.irs.gov/individuals/international-taxpayers/some-nonresidents-with-u-s-assets-must-file-estate-tax-returns
Here is the legislation on how the Estate tax rules apply to nonresident aliens:
https://www.law.cornell.edu/uscode/text/26/subtitle-B/chapter-11/subchapter-B
Remember that these are the rules in the Internal Revenue Code. They can be modified by various treaties which vary from country to country. Canada has a fairly comprehensive Estate Tax treaty provision with the United States.
In general: Keep your assets out of the United States. Estate taxes are ONLY part of the reason. The reasons also include the cost of probating assets in the states where they are situated.
This is an area that can get very messy/complicated and anybody who has reason to believe that they would be affected by it, should be willing to pay for good advice.
Otherwise, just keep your assets out of the USA.