This article by Bloomberg is their reporting on the submissions to House Ways and Means Tax reform. It has been mentioned in multiple threads here at Isaac Brock, and was highlighted at ACA, so thought I would pull it out for better visibility. It merits comments and email to the journalist. I did send them one to thank them for drawing attention to the U.S. Expat plight, and provided the link back to the anecdotal snippets from other submissions like those @AbusedExpat has been posting.
Category Archives: Issues regarding US persons abroad
Email from Liberal MP
Dear ________:
Thank you for your correspondence concerning the United States Foreign Tax Compliance Act (FATCA) and the stance of the Liberal party on the issue. Please excuse my delay in responding to your email – my office has been working to respond to correspondence that had been misplaced during a recent staff transition.
Liberals were the first to raise the issue some years ago, pressuring the Conservative government to pursue amnesty against penalties as the IRS’s Foreign Bank Account Reporting requirements were not adequately communicated to Canadians who would be affected. A two-year amnesty period was negotiated in the face of overwhelming pressure from Liberals and concerned Canadians. Together, we sent a clear signal that Canadians expect their government to stand up for the honest and hardworking people who have been caught up by overly complex American tax rules. Canadians are not international tax cheats and it was past time for Stephen Harper to stand up for them.
During the two year amnesty period, we also made it clear that the government should address the concerns of Canadians regarding the US taxation of tax savings vehicles like RRSP and RESPs and regulations under FATCA that will force Canadian banks to share personal banking information with the IRS. These issues present immense sovereignty and privacy concerns for Canadians. The IRS does not have the jurisdiction or authority to persecute persons living and working in Canada. These people are already paying taxes – in Canada.
Over the amnesty period, the Harper government appears to have made no attempts to safeguard the interests of Canadians who will be victimized by the IRS if FACTA is allowed to proceed. As it stands, FACTA will compel not just dual citizens, but persons known to the US government residing in Canada to report to the IRS. These include dual-citizens, Canadians with American spouses, Canadians who have worked in the United States, and others. I am deeply disappointed in the government’s inaction on an issue that so brazenly threatens so many Canadians. I assure you that the Liberal Party will continue to pressure the Harper Government to address these concerns instead of caving into American pressure as has been its past practice.
Thank you once again for your correspondence; please do not hesitate to contact me if I can be of further assistance on this or any other issue.
Sincerely,
Hon. Dr. Hedy Fry, P.C., M.P.
Health Critic – Liberal Party of Canada
Vancouver Centre
FATCA: Exposing the IGA Bait-and-Switch
By Andrew Quinlan, April 24, 2013
There are many problems with the FATCA intergovernmental agreement (IGA) process. From a US perspective, they agreements represent a subversion of the proper treaty process, an unconstitutional expansion of executive powers, and an unwise commitment to saddle US banks with expensive new reporting requirements.
From an international perspective, the IGA’s are deceptive and ill-advised. For more on this perspective, Allison Christians has a great write-up in the Cayman Financial Review that can serve as an IGA primer for those who are still confused about the process and its implications.
Oppose H.R. 1554: Another attempt to add FATCA complexity before the ink is dry on the original.
As a House companion bill to Senator Carl Levin’s S. 268: CUT Loopholes Act , this HR 1554 Stop Tax Haven Abuse Act by Rep. Lloyd Doggett [D-TX35] contains more FATCA complexity before the ink is dry on the current fiasco. Do a find on FATCA in the text, and it comes up 22 times starting with Sec. 102. Strengthening the Foreign Account Tax Compliance Act (FATCA)
So, they want to “strengthen” something that is not yet in full forces, as if 544 pages of regulations and then all the FATCA IGAs by Treasury isn’t enough! We need MORE! Continue reading
“…most Canadians remain largely unaware of their privacy rights…”
Canadians, the ones paying attention including US Persons in Canada worried about compromise of all financial information of their and those related to them being turned over to the US:
Bank fraud, computer security top survey of Canadians’ privacy concerns
The poll suggests two-thirds of Canadians are concerned about the protection of their privacy — with a quarter of respondents saying they are “extremely concerned.”
“There is a growing sense amongst Canadians that their ability to protect their personal information is diminishing,” the report says.
Many Canadians feel a growing sense of helplessness when it comes to protecting their privacy. Seven of every 10 people think their personal information has less protection today than it did a decade ago, the report suggests.
…
The survey also suggests most Canadians are concerned about bank fraud, credit-card fraud, computer security and identity theft.Despite these concerns, the poll found most Canadians remain largely unaware of their privacy rights. Some 63 per cent rated their knowledge of privacy laws either low or in the neutral range. That said, Canadians’ knowledge of their privacy rights is higher now than in previous years, the survey suggests.
Canada Privacy Breaches: More Than A Million Canadians May Have Had Data Compromised
Prompted by a question from NDP MP Charlie Angus, the government was forced to acknowledge this week that at the very least, there were 1,072,999 instances where a Canadian’s private information held by various departments and agencies was lost, stolen or accessed by an unauthorized third party.
In a stack of documents tabled in the House of Commons Monday, the government admitted it has recorded more than 3,134 data and privacy breaches between 2002 and 2012 across all departments — although many departments only counted data breaches within the last two to five years. Of the total breaches, only 399 were reported to Privacy Commissioner Jennifer Stoddart.
…
The Conservative government said Tuesday that it takes the privacy of Canadians seriously.
Internet sales tax bill would allow states to tax out of state retailers
Internet sales tax advances after Obama endorsement – http://t.co/LgnECB6nzW – Allows states to tax out-of-state online retailers
— U.S. Citizen Abroad (@USCitizenAbroad) April 23, 2013
The issue of whether a state can levy taxes on “non residents” is raised in this proposed law. Obviously those who are now forced to collect taxes are lobbying hard in favor of this. Received the following from Ebay Government Relations today (I bolded the part this is of most interest in terms of tax policy):
New questions from MEP Sophia In’t Veld on FATCA
Here:
http://site.d66.nl/intveld/document/fatca/f=/vj90hk8obskl.pdf
Does the Commission consider that this condition of Swedbank is related to the recently adopted US law FATCA, the ongoing IGAs on it and the legal uncertainty for the FFI as to the extraterritorial application of FATCA?
Is the Commission aware that the extraterritorial effect of FATCA could lead to banks on the territory of the EU refusing to take US clients?
Does the Commission consider this practice as a violation of the general principle of equal treatment and non-discrimination, or any provision of the EU treaties?
Does the Commission consider that the definition of’ US person’ could also include EU citizens, which would mean that EU citizens could be affected directly by US law on EU soil?
Second opportunity to communicate with US Government on Tax Reform
What would YOU change about the U.S. #tax system? Suggestions welcome: http://t.co/d24OSDGNYA
— Taxpayer Advocate Service (@YourVoiceAtIRS) April 22, 2013
Those who took the time to send submissions to the Ways and Means Committee should send the same to TaxPayer Advocate. I would suggest that (as one or two comments have also suggested) that a submission be sent that references, summarizes and incorporates submissions that have gone to the Ways and Means Committee. Additional material from this and other blogs should be added. @AbusedExpat has made a great start in the thread Excellent Submissions To the Ways and Means Committee. Could this summary be continued?
For those of us paying attention to Just Me’s look into the future, this was discussed at the G-20 meeting on Friday:
G-20 Pushes for Measures to End Tax Evasion — NYT’s David Jolly
NY Times journalist, David Jolly (as well as NYT’s Brian Knowlton on related stories) — ahead of the pack on reporting the FATCA, DATCA, GATCA scenario. Can’t other journalists see it?
The Group of 20 countries called on Friday for a coordinated effort to stop international tax evasion, urging governments to systematically share bank data.
Finance ministers and central bankers of the G-20, meeting in Washington, said in a communiqué that automatic exchange of tax-relevant bank information should be adopted as the global standard.
…
Under an automatic exchange, governments would routinely transfer all foreign taxpayers’ data to their home governments, making it far more difficult to hide assets from the tax collector.The impetus for the new approach is an American law, the Foreign Account Tax Compliance Act, called Fatca, requiring Americans with overseas accounts and non-American financial firms to meet tough financial disclosure requirements. In practice, Fatca conflicts with privacy laws in many countries, so Washington has been working out bilateral deals in which overseas financial institutions share that data first with their own governments for transmission to the Internal Revenue Service in Washington.
State Department self-censors criticism of Eritrean diaspora tax in 2012 Human Rights Report
With the release of the 2012 Country Reports on Human Rights Practices yesterday, it seems the U.S. State Department has finally realised its hypocrisy in condemning Eritrea for imposing tax on the Eritrean diaspora to fund wars in Africa, while aiding the IRS to impose tax on the American diaspora so that the US can also fund wars in Africa, and the Middle East, and Central Asia, and …
Unfortunately, State’s response has not been to levy similar criticisms against the IRS or to stop cooperating with it, but instead to tone down their criticisms of Eritrea. While the 2010 and 2011 reports are virtually identical in the wording they use to condemn Eritrea’s diaspora tax, the 2012 report shows subtle shifts in language, providing classic examples of “framing techniques” that a writer can use to address roughly the same set of underlying facts while leading the reader to take sharply different attitudes towards those facts.