The @USAccidental group in France losea first round – but they will fight on: "« Américains accidentels » : déboutée en France, l'association va saisir l'Europe" https://t.co/9f2BgHxyyI via @cbanque
— U.S. Citizen Abroad (@USCitizenAbroad) July 20, 2019
The above tweet references an article in French describing the decision in France in which the Court declined to provide relief to Accidental Americans AKA citizen/residents of France. Implicit in the court’s decision is the notion that those “Born In The USA” (as Bruce would sing) are property of the United States. What follows is an attempt to translate the article (using Google Translate).
The Council of State rejected Friday the appeal initiated by the Association of “accidental Americans”, gathering French born on the American soil, opposed to the application in France of a tax regulation American of which they consider themselves victims: Fatca.
Learn more at https://www.cbanque.com/actu/75081/americains-accidentels-deboutee-en-france-association-va-saisir-europe#vJCYvsOX2rjp0YbU.99
Adopted by Washington in 2010, and applied in France since 2014, the Foreign Account Tax Compliance Act (Fatca) allows the US tax authorities to ask foreign banks for information on their customers considered as “American people”. This application was challenged by accidental Americans, these French having a dual nationality because of their birth on the American soil, and today faced with administrative hassles and banking problems.
No defect of execution
In its decision, consulted by AFP, the highest French administrative court found unfounded the request of accidental Americans, considering that the regulatory acts taken for the implementation of this agreement were not without a legal basis. The Conseil d’Etat thus followed the conclusions of the public rapporteur, who had estimated at a hearing in early July that the Fatca did not present a “proven” lack of performance but at most “technical difficulties of implementation.
“Such an assessment is, however, directly contradicted by various parliamentary reports, as well as by the Court of Auditors,” which lamented in 2017 that the United States had sent “no information” to the French tax authorities, the Association reacted. accidental Americans. The association “deeply regrets that its legal critics have not been heard by the Council of State and deplores an opportunity of resistance failed in the extraterritoriality of US law,” she added in a statement.
In addition to the lack of reciprocity in the implementation of the agreement, the lawyer accidental Americans, Me Patrice Spinosi, had invoked to challenge the application of FATCA “the lack of guarantees on the protection of personal data.” A point also contested by the Council of State, for whom “the information collected and transferred as part of the disputed treatment can be used only for tax purposes” and are otherwise “strictly limited and proportionate”.
Complaint to the European Commission
In its statement, the Association of Accidental Americans announced that it would “seize the European Commission of a complaint for breach of EU law,” regretting that the Council of State refused to question the Court of the European Union to decide this question.
Since the coming into force of the Fatca, some “accidental Americans” have been claimed several thousand euros in taxes by the United States without having ever worked in this country. Others saw their bank account closed, their bank fearing US sanctions. Still others are exposed to lawsuits because they can not submit their US tax identification number, which they do not have.
Complaint to the European Commission
In its statement, the Association of Accidental Americans announced that it would “seize the European Commission of a complaint for breach of EU law,” regretting that the Council of State refused to question the Court of the European Union to decide this question.
Thank you, USCA.
Quite disappointing. Happy to see that Fabien et al aren’t giving up though. After all, what else can you do than fight? Surrender is not an option. SURGITE!
What, you used Google Translate for French?! What kind of Canadians are you?
; )
“American people” –> “U.S. persons” (first text line after blue link)
I still maintain that FATCA and it’s derivatives was concocted behind closed doors by powerful US bankers and corrupt democrat politicians. It was then signed into law by an equally corrupt and amoral president.
Yes, I understand that the Obama administration ensured FATCA’s international implementation through mainly coercion, but would it have been really that hard for the world, at the time, to protest collectively before the UN, for example, and together just say NO and f#!+k you.
Perhaps I am naive here but FATCA reeks of international cooperation the likes of which are nearly impossible for any other global endeavour. FATCA doesn’t even remotely pass the sniff test as established law in most constitutional democracies; yet fighting it appears to create such a level of fear that no country has seriously tried. Either every country is happy to help America persecute its expats, or they believe FATCA is a noble and worthy American crusade.
How depressing.
Is this an omen for the Canadian case?
Americans abroad need to fight with aggression. Burn down the US embassies and declare war on those who choose to be enslaved by the US. FREEDOM! TIME TO REBEL!
@Eric
At least 50% of the population of the world think FATCA is a good thing and would like similar laws introduced in their own country. They see it as a vital tool in the effort to stop tax evasion and tax avoidance. I have been in enough arguments with the tax justice people to know that it is pointless to try and argue against FATCA.
Yes, I have tried explaining that FATCA was really introduced to show that the HIRE act of 2010 would be revenue neutral. I have tried explaining that experts advised congress that FATCA would raise no real revenue and therefore would not fund the HIRE act, thereby making the act not revenue neutral.
No one believed a word of it and I was accused of being a disgusting tax dodger, a criminal and a shill for the off shore tax evasion industry.
I think the reason why the governments go along with FATCA is that it is an easy way for them to show their electorates that they are being tough on tax evasion and the off shore finance industry. The only price they pay is the alienation of a small demographic in their country.
(Eric:) ” It [FATCA] was then signed into law by an equally corrupt and amoral president.”
That would be Obama.
I “ditto” BBs comment at the top of the thread. Kudos to Fabien and all the Accidental Americans in France who aren’t going to let this decision stop them. We MUST fight on until, one way or another, every last one of us is free of these American chains. (Fingers crossed here in Canada for Monday’s decision.)
@Salamander
Perhaps if long displaced Americans, of say Irish or German ancestry, began receiving German or UK tax forms to fill out they might be less hasty to spit on US expats as traitors and filthy tax dodgers.
At any rate us expats could pay 100% of our overseas income to uncle Sam and it wouldn’t change their domestic tax rates or declaration obligations one single iota.
I’ve met and argued with these same people, my countrymen, Salamander. All I can say is I hate them on so many levels. Perhaps I would be better off just to pity them.
@ Zla’od
Yes my friend, Obama…Barack Hussein Obama. The facsimile president. The most indolent, bought off bastard ever to hold the office of POTUS. A more shameless, mendacious con man has never been elected to such a position of power, twice, in the history of the United States. I will carry that opinion to the grave.
Uh, okay then… I thought you might have been thinking of somebody else.
updated 8:10 PM CEST, Jul 20, 2019
BREAKING: ‘Accidentels’ reel but vow to fight on, as France’s Conseil d’Etat rules in support of current FATCA regime
July 20, 2019 By Helen Burggraf
“We lost a battle but not the war.”
https://americanexpatfinance.com/tax/item/212-accidentels-reel-as-france-s-conseil-d-etat-in-support-of-fatca-regime?fbclid=IwAR2n-RpOxTLrza4JYPEFeMs-tCenZe_yTNoOpljm1ZT_TGKgo8C0R737Q9I
Simple new translation? How about abuse of US power to create “taxable slaves” with that abuse of power? Get ready folks, this is just the beginning of USA dominance based on military might.