This was just drawn to my attention – apparently it comes from Namecheap.com which is (I believe) an Australian based ISP.
Category Archives: Issues regarding US persons abroad
Pre-1995 Relinquishers and the IRS: Three Recent Legal Opinions
Lagoon, a pre-1995 relinquisher, recently sought the opinion of three lawyers in the expatriation field, all of whom felt that it is not necessary for relinquishers of that era to file with IRS. Lagoon’s account first appeared as a comment on the Did you relinquish before February 6, 1995 thread, but due to its detail is worthy of a post of its own.
Lagoon writes:
More information about my consult with three lawyers. I am not comfortable posting their names without their permission. I can tell you how I found them though.
One lawyer is quoted on this site. I contacted him for a personal consultation and gave him the details of my case. The lawyer is very conversant with the issues related to relinquishment vs renunciation and the changes in tax law over time. We spoke about risk, and that the issues for relinquishers are like a double low probability combination. If I wanted certainty, the lawyer could, if I wanted to spend between $5-10,000 go forward to get an opinion letter from IRS. If I did that the first consult they would have with IRS would be on a no names basis, to ask questions about whether or not IRS would issue an opinion letter (or something to that effect, they are my lay person words). While I would like to do this, so that there could be something in writing from IRS on this matter, I really don’t have that kind of money to spend. However, going this route would give the ‘certainty’ that we are all seeking about the issues of concern related to the need to contact IRS after relinquishing.
Email blitz
I just sent this to every MP:
What is your Party’s Position on FATCA?
The Green party has released its position on FATCA.
One million voting Canadian citizens and their families and friends are waiting to hear your party’s position.
http://www.greenparty.ca/statement/2013-01-28/backgrounder-canada-and-fatca
Sincerely,
Sharp uptick in names missing from Federal Register “published expatriates” list after 2006
Wikipedia’s list of public figures who gave up U.S. citizenship from the 1930s to the present day has reached nearly 100 entries. This list is far from complete — hopefully friends of Isaac Brock from around the world can suggest some additions, as right now it’s heavily weighted towards entries from the Caribbean and from East Asia. However, it is large and diverse enough for us to make some interesting observations.
From 1994 to 2006, I can confirm only a single report that a public figure in Wikipedia’s list gave up U.S. citizenship but did not appear in the Federal Register or the 1995 Joint Committee on Taxation report before it: South Korean actress Han Ye-seul. After 2006, however, the reports of public figures who gave up U.S. citizenship without ever appearing in the Federal Register start expanding rapidly. 2006 was an interesting year in other respects as well: it was the first year in which the number of “published expatriates” ever showed a significant decrease.
Public Briefing on FATCA
Cross-posted at the Franco-American Flophouse
On February 12, 2013 the OECD held a Public Briefing on FATCA at their Conference Center in the 16th district of Paris. After initially being refused entry because “priority was given to government and business,” the organizers informed me Monday afternoon that they did indeed have space due to unexpected cancellations and they were looking forward to seeing me there.
It was a fascinating look at the nuts and bolts of FATCA negotiations and implementation. In addition to discussions about data exchange and the finer points of the final regulations, there were some important messages being passed between the US and the government and industry representatives in the room. I heard the words “burden relief” and “alignment” and “working with industry” many times over the course of the meeting. There seemed to be a need to assure industry that they have a say in the negotiation of the IGAs in each country and in the implementation process.
The OECD by simply hosting the event gave public support to the U.S. effort and they are clearly seeking to align their own initiatives with FATCA. For example, the OECD’s position is that FATCA and TRACE are complimentary and they are looking for an alignment of the data models and data exchange formats that will be developed for both systems. That said, TRACE and FATCA have two different objectives: The first addresses source country taxation. The latter is about a “Common reporting standard for residence countries (building on FATCA IGAs; cf art 6.3 of the FATCA Model 1 IGA)” . Nonetheless, the goal is to have aligned systems.
As for the message to other governments, that was was the object of the very first U.S. presentation by Danielle Rolfes, International Tax Counsel, U.S. Treasury:
Ms. Rolfes started with a progress report on the IGAs. “Much was promised last time,” she said. Since the last meeting four IGAs have been signed and they have initialed agreements with Spain, Norway and Italy. They have also initialed a Model 2 agreement with Switzerland
In answer to the question: Why is it taking so long to get these agreements signed? She had several explanations. Some of it had to do with the writing of the final regulations. Hundreds of comments on FATCA had to be taken into account and Treasury had to allocate resources to that task. In addition, the model agreements evolved as countries signed up and those evolutions had an impact as well in the writing of the final regs.
As for the IGAs, she said, most of the time needed to work out the IGAs has to do with Annexe 2 and the list of specific products exempted. It took time for Treasury to understand what those products were and to come to an agreement. She assured the attendees that this process should speed up now that the final regulations are out. Treasury tried in turn , she said, to write the final regulations to fit the vast majority of cases around the world.
As for the assertion that the delays in signing the IGA’s are due to a lack of enthusiasm, well, she met that one head on. The problem is not at all about other governments being reticent about FATCA, she said, it’s just a very time-consuming process. The implication was, of course, that there are other countries lined up to sign once the details are worked out. Perhaps this is true but they did not give any more information about where Treasury is in the process with those other countries who were never named.
The final regulations are out. Now what? Can they meet the deadlines? Ms. Rolfes said that she was reasonably optimistic, “if we can get your help.” On the U.S. side Treasury has added more staff and is now able to allocate more resources to the IGAs.
The next speaker was Mike Danilack, Deputy Commissioner International at the IRS. He began his talk with a joke: Policy makers have great ideas, he said. We have to implement them. In addition, an IGA is not the end of the work for a country. Here are some of the things that still need to be done:
Universal schema: The electronic format for FATCA information has benefitted from the TRACE project. IRS is close to having a schema that all countries are happy with. That is for the capture of data under the Model 2 agreements. In the government to government model (Model 1) it is possible to use the same schema but governments still have to work out how they will gather information from their domestic financial institutions.
Bulk Data transmission: These transmission needs to happen on a schedule and the exchange must be both secure and efficient. Right now no system exists for governments to exchange this kind of information in bulk and on a schedule. The question of what standard/system will be used is still outstanding.
Registration: The FATCA model says an FI will make itself known to the IRS. How? Using an online web portal. IRS must also develop a unique numbering system for financial entities all around the world. the question is: Is this just for the US or do they develop a system that can be used worldwide?
All of the above will require Competent Authority government to govenrment discussions.
The floor was then given to the country representatives. These were all countries that have either already signed IGAs or are in the process of signing them: UK, Italy, The Netherlands and Germany. The U.S. chose well – all were enthusiastic especially the UK and The Netherlands.
UK: The representative opened with a rather surprising comment. She said that the final regulations had a better deal than the IGA the UK signed. This, she said, needs to be reconciled.
Germany: No agreement so far. This is not due to a problem with negotiations, they had a heavy workload as well. FATCA is something new and all government departments need to have a look and there are issues that come up have to be dealt with first. But they are now in the final stages to have the agreement initialed. When? Soon. He stressed however that implementation will take time. Not sure about the timeline and and can’t promise to meet the U.S. government’s goals.
Italy: They are somewhere between the German and UK positions but they are now ready to initial the IGA. They had to translate the agreement into Italian. The translated text will then have to be validated with the US and their version compared to the UK one. After that they will sign and ratify. He stressed the need to work with local business community concerning implementation.
Netherlands: Very close to initialing an IGA in the coming weeks. However, they will need approval from parliament. “Looking forward to the champagne,” she said when the work is done and the agreement is signed. She also mentioned that they are working closely with industry on implementation.
The last presentation was by Jesse Eggert, Associate International Tax Counsel, U.S. Treasury. He described the experience with FATCA as “An interesting ride so far,”
The statute was enacted in 2010 and in less than 3 years, he said, we’ve taken one of the more complicated ideas of the U.S. Congress and transformed it into a set of comprehensive regulations. There are still questions. He described the goal now as getting, “The right amount of information about the right people.”
Most common comments they received were about the burden of identifying customers and on the conflicts with domestic law. These have been solved, he said, in the IGAs. The U.S. can’t change other country’s laws but bi-lateral agreements can be used to resolve conflicts.
He then discussed some of the particulars of the final regulations and the IGAs. For our purposes, the two I thought most interesting were:
Local Bank Category: The final regs say that an institution does not have to report on residents even if they are US persons if they fall into a “local bank category” (98% of their business is local). This is designed to prevent discrimination against local account holders.
Ability to find US Accounts: There was concern in industry that there would be audits and that perfection would be required when it came to detecting US accounts. That, he said, is not the US’ intention – all they expect are good procedures and processes. Errors will happen. It’s OK that not all US accounts will always turn up. What they don’t want to see are major systemic failures.
The final fifteen minutes were devoted to questions gathered during morning meetings and others submitted in advance by attendees. Here are two I thought were noteworthy:
The final regs seem to provide for more burden relief than the IGAs. Why?
Definitions are sometimes more generous in the final regulations. For example, new accounts treated as existing accounts in some cases.
Treasury takes the pont of view that if there is a more favorable definition in the final regulations then in the IGA, countries can choose to use the more favorable terms in the regs. Overall the final regs are a good interpretation of the IGA provisions and Ms. Rolfes said that they aren’t really any conflicts. Nonetheless, between the regulations and the IGAs countries can “cherry pick” definitions provided they are not contrary to the intent of FATCA.
Question about the relationship between the IGAs and the existing tax treaties. the IGAs are built on the existing system of information exchange and double tax treaties. Can a country without these things still enter into an IGA?
Jesse Eggert said “yes.”. Treasury prefers that they enter into an agreement first but if they can’t, the IGA is a stand-alone agreement. Not possible to have reciprocity under such an agreement but local FI’s will still be able to benefit.
So there you have it. One last comment. Only once in the entire 2.5 hours was any mention made of the impact on people (those pesky “US Persons”). Other than that, discrimination, access to basic banking services, privacy issues and so on were not discussed. Though it was a public meeting attendance was tightly controlled. When I asked the OECD contact if any other NGO’s were going to be there, she replied, “Not to my knowledge.” From what I could see, the overwhelming majority of the participants were industry and government representatives though I did see at least one journalist.
And that is a shame unless, of course, we limit the definition of “public” to mean bankers, tax policy makers, consulting companies and government bureaucrats. It is my own bias speaking here but I do think the discussion would have been greatly enhanced by the presence of more citizen advocacy groups. I would be very interested in knowing if any did apply and were turned away. If not, then all I can say is that they missed a great opportunity.
H.R. 597: To establish a commission to study how Federal laws and policies affect U.S. citizens living in foreign countries.
Well, this Legislation has been tried before and died. Just last year. However, hope springs eternal, and ACA, AARO and FAWCO are encouraging Congress to try again.
Now that Overseas American Week in DC is finished, it is time for some follow up action by us. With the issues of Americans abroad fresh in the minds of Congressman, and with a Residency Based Taxation (RBT) proposal on the table, now is the time to lend some support to Representative Carolyn Maloney’s latest bill.
There is an easy way, via Pop Vox, . Yu can vote it up or down and at the same time automatically send messages to each of your representatives at with whatever additional message you wish to convey. Hint (FATCA and the RBT)
You can also spread it around via Twitter or Facebook.
Psst… Pass it on!
Devin Nunes R-CA named chair International Tax “Working Group” Good or Bad?
Any thoughts from Shadow Raider??
http://waysandmeans.house.gov/news/documentsingle.aspx?DocumentID=320022
Washington, DC – Today, Ways and Means Committee Chairman Dave Camp (R-MI) and Ranking Member Sandy Levin (D-MI) (Tim Note: Brother of Carl)announced the formation of 11 separate Ways and Means Committee Tax Reform Working Groups. The groups will be led by one Republican Member serving as Chair and one Democratic Member serving as Vice Chair. Each of the 11 groups will review current law in its designated issue area and then identify, research and compile feedback related to the topic of the working group. The working groups will be responsible for compiling feedback on its designated topic from: (1) stakeholders, (2) academics and think tanks, (3) practitioners, (4) the general public and (5) colleagues in the House of Representatives. Once the work of those groups has been completed, the Joint Committee on Taxation will prepare a report for the full Committee, due by April 15, 2013, that describes current law in each issue area and summarizes the other information gathered by the Committee Members.
Announcing the formation of the groups, Chairman Camp stated, “I am pleased to be working collaboratively with Ranking Member Levin and all of our Committee Members as we continue our efforts to fix our broken tax code. Regardless of party or politics, everyone can agree that comprehensive tax reform should result in a simpler, fairer tax code for families and more jobs for American workers. In addition to Committee hearings, these working groups will be one more way for the Committee to gather the necessary information to produce the best possible legislation.”
Ranking Member Levin added, “Tax reform must build on a full understanding of present provisions as a path to a simpler, fairer and adequate tax code. These working groups provide a framework to undertake in-depth fact-finding on a variety of important issues related to tax reform.”
The 11 working groups and their respective Chair and Vice Chair are listed below (groups listed in alphabetical order).
| Charitable/Exempt Organizations | David Reichert (R-WA) | John Lewis (D-GA) |
| Debt, Equity and Capital | Kenny Marchant (R-TX) | Jim McDermott (D-WA) |
| Education and Family Benefits | Diane Black (R-TN) | Danny Davis (D-IL) |
| Energy | Kevin Brady (R-TX) | Mike Thompson (D-CA) |
| Financial Services | Adrian Smith (R-NE) | John Larson (D-CT) |
| Income and Tax Distribution | Lynn Jenkins (R-KS) | Joseph Crowley (D-NY) |
| International | Devin Nunes (R-CA) | Earl Blumenauer (D-OR) |
| Manufacturing | Jim Gerlach (R-PA) | Linda Sanchez (D-CA) |
| Pensions/Retirement | Pat Tiberi (R-OH) | Ron Kind (D-WI) |
| Real Estate | Sam Johnson (R-TX) | Bill Pascrell, Jr. (D-NJ) |
| Small Business/Pass Throughs | Vern Buchanan (R-FL) | Allyson Schwartz (D-PA) |
The world according to Florida – Inside not looking out!
Amazing!! Amazing!! Amazing!!
Florida won't require Canadians to have international drivers license http://t.co/WZbj3Ovl – Earth to Florida!!! Are you nuts??
— U.S. Citizen Abroad (@USCitizenAbroad) February 15, 2013
Changes in law, follow changes in society: Cornell Law School introduces course on “Whistle Blowers”
Changes in law always follow either actual or desired changes in society. The concept of “Homeland Security” is one result of 911. Cooley Law School (one of the biggest law schools in the United States) is developing an LL.M. program in Homeland Security. If the U.S. is successful in imposing FATCA Harmony on the world, I expect to see a proliferation of LL.M. programs in FATCA. After all, the legal profession and legal academics see FATCA as the “Gift that keeps on giving“.
Treasury, Switzerland Sign ‘so called” Bilateral Agreement (IGA) to Improve Tax Compliance, Combat International Tax Evasion and Implement FATCA
Hot off the Treasury web site. Switzerland capitulated! Canada next?
Feb 14, 1:33pm Auckland time: Updated with James Jatras posting below:
2/14/2013
WASHINGTON – The U.S. Department of the Treasury announced today that it has signed a bilateral agreement with Switzerland to facilitate the implementation of the information reporting and withholding tax provisions commonly known as the Foreign Account Tax Compliance Act (FATCA). Continue reading