Media and Blog Articles – Part 7 of 11 (Year 2020)
2021.01.01. This thread is now closed. It continues at Media and Blog Articles Open for Comment – Part 8 of 9 – Year 2021.
This is a continuation of the Media and Blog Articles Open for Comments thread (part 6 of 9).
Part 1 covers up until 26 May 2015. Part 2 is from 27 May 2015 to 1 January 2016. Part 3 is 1 January – 31 December 2016. Part 4 is 1 January – 31 December 2017. Part 5 is 1 January – 31 December 2018. Part 6 is 1 January – 31 December 2019. Part 8 is 1 January – 31 December 2021. Part 9 is 1 January – 31 December 2022.
Media and Blog Articles
EmBee suggested that it would be good if there was a thread for new articles, so that people would be aware of where to comment. So, I created this permanent page. I’ll make a permanent list of links posted here and keep adding to it, but not deleting, so we’ll end up having sort of a “bibliography” of FATCA/CBT articles. [Note: Some articles are not open for comments]
For more articles on FATCA, enter FATCA into Google then click on the link “more news for fatca” just below the most recent featured article.
Notes:
From JC: To see #FATCA on Twitter for latest breaking news. JC finds that is quite a good source and there even are some international articles that one may read using Google Translate. Others may help certain tweets and articles remain in elevated position by retweeting them.
From Badger: On an important archival note, please use the Internet Archive Wayback machine https://archive.org/web/ (see bottom right ‘Save Page Now’ box to enter URLs of webpages you want saved for posterity, and try to save backup copies of articles and other items of interest in some other form – such as a datastick or external drive. Some important and very significant webpages and the fulltexts of articles are no longer available (although some can be retrieved if someone using the Wayback machine saved them).
Be sure to read the comment stream for this thread — there are often very recent articles mentioned since this list was updated.
How the IRS Prioritizes Compliance Work on High Income Non-Filers Through National and International Enforcement, IRS, Tax Connections.
2020.12.02
Constitutional lawyer Joseph Arvay remembered as tireless defender of the underdog, Bethany Lindsay, CBC, Canada. (Mr. Arvay was lead counsel for the ADCS constitutional challenge of the FATCA IGA legislation at Federal Court (Trial Division), 2014-2019.
2020.11.02
Goodbye, USA: The story of how I left the USA. Larry Salibra, Larry Salibra, Hong Kong.
2020.10.31
How the coronavirus made it nearly impossible to tenounce citizenship,, Adam Taylor, Washington Post, US.
2020.10.16
More Americans Are Renouncing Their Citizenship, Jo Craven McGinty, Wall Street Journal, US.
2020.10.15
Would I Ever Renounce My Citizenship?, Evan Edinger, YouTube.
2020.10.07
McAfee Founder Accused Of Evading Taxes While Allegedly Earning Millions, Reese Oxner, NPR, US.
2020.09.15
Toronto Star virtual event: US Election 2020: Why votes from abroad matter, and explaining the battle to overcome voter suppression, Toronto Star, Canada. (Event occurs 2020.09.22)
2020.09.07
Republican group calls on Donald Trump to change Fatca [sic], Cristian Angeloni, International Adviser.
Geld aus den USA fur viele Pensionisten, ORF, Austria.
I should think most people stuck in the USA because of coronavirus will be blissfully unaware of this daft rule and will simply go back home without filing anything. Nor would I expect the IRS to chase them–or to even know about them.
@birdperson
Most countries have tax residency rules and I know most EU countries have a 6 month residency time period to be classified as a taxpayer but I believe the US is pretty much on its own having a gang of ‘Compliance Condors’ ready to pounce. What I don’t know is if the immigration officers who check your passport on entry and exit check you haven’t outstayed your allotted time and are coordinated with the IRS.
I know there may be Canadian snowbirds who could find themselves in this position and also many Germans also own holiday homes in Florida, they are the people who may be caught by this rule and will have US assets that can be ripe for the picking.
But as I say there is a medical need get out clause and it is criminal of Bloomberg and these Condors to hide this from them.
@Heidi
The article from Bloomberg is suggesting that because people are trapped in the United States, they would meet the substantial presence test and become a U.S. tax resident. This seems to be incorrect for a number of reasons including (possibly) the reason you give about the medical conditions. Here is what the Internal Revenue Code in S. 7701(b) says about the Substantial Presence test:
https://www.law.cornell.edu/uscode/text/26/7701
Here is what the regulations say about the medical condition exception …
https://www.law.cornell.edu/cfr/text/26/301.7701(b)-3
____________________________________________________________________
Probably best to argue the “closer connection” test if possible. This would avoid the argument over whether the individual must unable to leave because of the medical condition.
But, I agree with you that the Bloomberg article and the responses in it are practically criminal.
@US citizenabroad
Agree with the closer connection but..
I am no lawyer but surely one could also argue that the statement ‘is unable to leave because of a medical condition or problem’ does not specially say that the medical problem needs to be specific to the individual and could therefore apply generally, especially when the government has prevented aliens leaving by closing borders and cancelling international flights because of a medical problem.
‘In general. An individual will not be considered present on any day that the individual intends to leave and is unable to leave the United States because of a medical condition or medical problem that arose while the individual was present in the United States’
Those incarcerated in the US are not so lucky.
Two comments in reaction to the Bloomberg piece:
1. Does anyone seriously expect that a non-citizen trapped in the US who finally manages to repatriate after X months is then going to file with the IRS the next year. How utterly absurd.
2. Is this inappropriate, or just too soon? #coughonacondor
Well, clearly if you were caught up then when you get home you would need to go find a very expensive CPA to report your entire life and assets to the IRS. Plus your family, business, business partners. Hugely expensive while waving bye bye to privacy, exposing you to multiple opportunities for the IRS to tax you and even better, to penalise you into oblivion.
And you have to it or, or, or…..what, exactly?
Pffffft!
I look at this this way. During the ongoing crisis it will be very important for mental health to reserve some space in which you can pretend that normality still reigns.
So I’m still planning trips to Europe even though I know it’s likely not going to be possible for several years.
Similarly, tax compliance experts are still finding outlandish ways to fuck people over on behalf of the IRS, even if they know it’s ridiculous.
#coughonacondor
@RH
Your #coughonacondor shows just how seriously you take this blog.
Why don’t you just go away.
See my post on the other thread.
PS The hashtag is black humour of course. I would not advocate deliberately coughing on anyone.
“Why don’t you just go away”
That was rude.
I hope he doesn’t go away. I appreciate RH’s contribution to this blog. Without him it risks becoming a bit of an echochamber.
@Jack
You know what’s rude? Hijacking other posts and turning them into an echo-chamber for non-compliance.
@ Ron,
I’m sure you weren’t advocating it for real and I appreciate your “apology/clarification” in response to my general comment on black humour on today’s top thread.
Nevertheless,
@All,
Let’s wrap up this sub-conversation on black humour. I’ll copy here a general comment I made on today’s main thread (while this convo was simultaneously going on)
Re COVID-19:
http://isaacbrocksociety.ca/2020/03/19/an-important-public-service-update/comment-page-1/#comment-8758215
“You know what’s rude? Hijacking other posts and turning them into an echo-chamber for non-compliance.”
I don’t see it that way. I find RH’s comments to be realistic and comforting. He adds balance to what otherwise becomes very one-sided. Just my 2 cents.
As a member of American Expatriates wrote on a previous post,
“maybe now is the time to make the change – can this actually be used to help achieve ‘revenue neutrality’ and get RBT passed NOW?”
https://americanexpatfinance.com/news/item/396-call-for-expats-to-be-included-in-u-s-coronavirus-relief-efforts
Don’t know where to put this, but just noting an unexpected email I just received from ottawaamcits@state.gov – ostensibly from the US Embassy Ottawa:
Subject line is;
“U.S. DIPLOMATIC MISSION TO CANADA
Message to U.S. Citizens in Canada: COVID-19 and Transportation in Canada
March 30, 2020”
As I relinquished several years ago I am surprised to still be on a State Dept. email list. Or maybe it’s based on a long ago US passport application – from my first and only US passport – when I had to obtain one only to attend a family deathbed in the US and then a US family funeral – when I could no longer travel into the US without one.
It doesn’t offer any real assistance, just links to the CDC, etc., list of the contact info for the US embassy and consulates in Canada, advice to register as a US citizen traveller ‘abroad’ in Canada, etc.
I assume the gist of the message was: “Keep your ass in Canada, the odds of survival are much higher.”
@RH
This should get to salivating to not get into the US tax system:
“The U.S. government should implement a program of monthly checks of $1,000 for three months — a timeframe which could be extended — to individuals above 18 and below some income threshold, say $200,000. A one-time check is not enough. “
https://thehill.com/opinion/finance/490328-how-to-rescue-our-coronavirus-infected-economy-from-collapse
John, Jenny, Jeff and Keith discuss how US COVID relief might affect Americans abroad and the fight against CBT.
https://www.podbean.com/media/share/pb-n3psh-d7fa8f#.XoYCEyyql_8.twitter
United States: U.S. Territories And Freely Associated States Included In COVID-19 Economic Stimulus
https://www.mondaq.com/unitedstates/Food-Drugs-Healthcare-Life-Sciences/910090/US-Territories-And-Freely-Associated-States-Included-In-COVID-19-Economic-Stimulus
Suzanne and EmBee: Thanks to both of you for your postings. Throwing the current global health crisis and is gargantuan costs into the mix of our ongoing struggle against CBT raises much food for thought. NOW would definitely be the time for the US government to cut the chains of CBT. I would think it’s too distracted at the moment to deal with anything but the pandemic itself but it will be very interesting to see what emerges from the wreckage on the other side of this disaster.
When will the US$1200 “Coronavirus Stimulus” payments be received? This has been discussed much recently at various Brock pages. This morning, a CNBC article discusses exactly this. The “up to 20 weeks” worst case scenario is interesting.
https://www.cnbc.com/2020/04/17/new-timeline-shows-when-all-coronavirus-stimulus-payments-will-arrive.html
Direct deposit payments began showing up last week, including for non-residents (with US bank accounts) per anecdotal reports. Paper cheques will be much slower.