The good news is that she will now have to reconcile her FATCA position with the NDP position that FATCA is a fundamental violation of Canadian citizens’ rights! Consider emailing this to her! lmcquaig@sympatico.ca
Why Do They Need FATCA When They Have SWIFT?
The American government’s uber over-reaching and prying into the business of everyone who lives on the planet, American citizen or not, aka the NSA also devotes considerable time to watching over and collecting financial data. That is when they are not stalking their ex-girlfriends, copying your emails and follow your Twitter streams and Facebook pages.
In fact, the NSA spends so much of its time following everyone’s money that they even have an internal division called “Follow The Money” (FTM).
What kind of money?
Credit transactions specifically.
Thanks to their secret insertion in the Brussels based Society for Worldwide Interbank Financial Telecommunication (SWIFT), a network that is used by thousands of banks to send information securely, the NSA is effectively able to monitor the credit transactions of basically anyone. Anywhere.
This means that information on any credit purchase whether it be groceries or stocks, and regardless of whether it takes place in Atlanta, Georgia or Georgia the country, is scooped up and stored indefinitely – for purposes unknown – by the United States government.
Given the growing ease with which people conduct transactions that don’t involve physical cash, or even leaving your house, one should wonder just how much financial data Uncle Sam’s spy network has, and why it feels entitled to it.
What does this all mean?
Hard to say. These days the American government is fairly cagey about its reasons for anything, but on the surface it appears as though the United States government will happily steal whatever information on the finances of ordinary people and financial institutions of other countries that it can’t coerce out of them through extra territorial law making schemes like FATCA.
Whatever is going on, it’s not about taxes.
American expats are “offshore tax dodging” “trash”
So, there you have it. According to America, all Americans living abroad are “offshore tax dodgers” since they are taxed where they live to pay for the infrastructure they use.
A poll this year commissioned by the Main Street Alliance and the American Sustainable Business Council found 85 percent of small business owners oppose the “territorial” tax system pushed by offshore tax dodgers. By a margin of more than two to one, small business owners prefer closing corporate tax loopholes over cuts to education, infrastructure or Social Security and Medicare.
It’s time to end offshore tax dodging and close tax loopholes that benefit large corporations and wealthy special interests. Use the revenue to invest in strengthening the economy and creating jobs.
A residency-based tax system is pushed by Americans living abroad and anyone who pushes a residency-based tax system is automatically branded by America as being an “offshore tax dodger”, or “trash” which needs to be thrown away.
Whether you’re a small business owner cleaning restaurants in Billings or a U.S. Senator cleaning up the tax code in D.C., the first step is taking out the trash.
Why does America seek to trash its diaspora? Because it believes that they are pirates sailing around with stolen treasure.
Against this backdrop, some big business titans amazingly have the gall to advocate doubling down on offshore tax dodging, aggressively lobbying for a permanent tax “get-out-of-taxes-free” card on offshore profits — a so-called “territorial” tax system — while backing cuts to Social Security and Medicare that would wreak further havoc on the Main Street economy. In short, small business owners and our customers get trash while corporate pirates sail offshore with the treasure.
I doubt that Gy Moody, the owner of Cleaner Image Janitorial in Billings, Montana, and writer of this article realized that he was advocating for Americans living abroad to be thrown away as “tax cheats”. Yet, the impact of US policy on Americans living abroad has never been an American concern, as one fellow kindly stated to one who does not live in America:
The government is not responsible for actions of private sector organizations. To support a claim of rights violations you have to be able to demonstrate the denials were the result of an order given by a government to not provide services. Claiming that rights are being violated because a bank executive opted not to provide services will not stand up in court. The fact that you didn’t understand that concept, and see how adjusting Federal policy in response to decisions made by Swiss bank executives tells me that you’re pretty stupid and have a hard time understanding things like politics and government. It’s only a human rights issue if people are denied access to services by government decree. If people cannot access services from the institution of their first choice as a result of a private sector response to a government policy then the denial of service is the result of a corporate policy and cannot be blamed on the government.
FATCA: The end of financial privacy
The US government clearly doesn’t give a damn if Americans are harmed as a result of US policy, but it is eager to brand its expats as “tax cheats” and to throw them away as “trash”.
Why people renounce citizenship: a view from London
Most Homelanders think Americans abroad renounce citizenship because they “hate America” and “don’t want to pay their fair share for being a citizen of such a great country”. But really, if your only motivation is hatred, you might well come to regret your decision to renounce. In reality, as pointed out in a heartfelt piece by Dr. Leigh-Davis, now a proud citizen of the United Kingdom, people are happiest when they renounce for love, whether love of a person or love of the country which took them in and gave them a wonderful life:
Sure, one could argue, if you are making over $155,000 in another country, one will have to pay the U.S. taxes on this excess. But certainly, if you are making a lot of money, isn’t it worth spending a little of it on the pleasure of having a U.S. Passport to go back and forth as one desires, and benefit from all the great attributes of the United States? Moreover, the process of renouncing one’s citizenship and getting one’s U.S. affairs in order is an arduous and confusing one, which will most likely require the “expensive” assistance of financial professionals and attorneys. Additionally, if you are truly making so much money, the exit tax alone could offset any financial benefit.
Many people thought I was crazy, when I left the U.S. for love, and then thought I was pathetic when it turned out to be an unrequited love, and today I may never find the love of another. However, when weighing the financial benefits against the financial disadvantages, I would reiterate my argument: that love is always the motivating factor. Whether it be love of a new country; love of a new culture; love of new people; or love of a career; few people would undertake the complicated and difficult task of renouncing their citizenship, if there was not some love in there somewhere.
This is what the people in the country we left behind find hardest to stand: that among nearly two hundred other countries & territories on earth, the U.S. is not only one that is worthy of love. There are many places that can give us a good life, there are many that take in foreigners to whom they have no obligation and treat them as neighbours, and there are many in which we emigrants can become proud citizens.
Media Opportunity: Recruiting panelists for FSN Round Table
UPDATE: This is the interview we’ve been waiting for:
Roundtable Full Interview
I wish I had time to listen to it, but I’m off to Calgary demonstration soon — almost an hour’s worth of Roundtable on this link. THANKS SO MUCH!!
Again,
James J Puplava, CFP, President, Chief Investment Strategist at PFS Group, with:
…Mark Nestmann, President of the Nestmann Group, Ltd.; Marylouise Serrato, Executive Director of American Citizens Abroad; Daniel Küttel, American expatriate living in Bremgarten, Switzerland; and Douglas Benedict, Canadian citizen and retired investment advisor. Daniel and Douglas share personal testimonials as expatriates enduring the overzealous pursuit of a government that has wrongfully identified them as tax evaders. Mark sheds light on the draconian FATCA compliance regulations that have erroneously identified law-abiding citizens as suspects, and Marylouise provides insight into the challenges of Americans who have elected to live abroad, offering help with the rigors of tax compliance and life away from the homeland.
Dear Doug,
I wanted to follow up and say thank you very much for your participation on our program for our recent expatriation roundtable discussion, and for helping to make the event a success. Jim was very pleased with the discussion, which I am sure will be very helpful and a welcome voice to expatriates in our listening audience.
Our recording of the discussion has been posted to our website, and is available for listening at http://www.financialsensenewshour.com/broadcast/insider/fsn2013-1022-expatrt-j8d3k9s.mp3.
Please accept my best wishes for your health and happiness in all your future endeavors.
Cheers,
Kyle
Kyle Otto
Program Manager
Greetings, Brockers!
I’ve been asked to recruit a panel of people who have been affected by FBAR/FATCA/Ex-PATRIOT, and to recommend an outline for a round table discussion on the FinancialSense Newshour. The purpose of this thread is to facilitate a community discussion about who would best represent the community and what topics should be discussed. Specifically, I’m hoping participants here will both volunteer to participate on the panel, and/or nominate or endorse others who they think would make good representatives of the community. Panelists need not be Brockers, but I’m hoping the Brock community will help me identify and recruit the panel.
Jim Puplava’s Financial Sense Newshour (www.financialsense.com/newshour) is the biggest investment-related podcast in existence, and is also one of the top 50 podcasts on the entire Internet, with over 250,000 regular listeners to the weekend program. There is also a weekday “premium” service offered on a paid subscription basis. The subject matter is primarily focused on markets and investing, but often extends to political and social issues.
Mr. Puplava would like to host a round-table discussion about how both American citizens living abroad and American expatriates are being treated in the “new normal”, including FBAR, FATCA, Ex-PATRIOT, etc. Specifically, a goal is to dispel the common assumption that the people involved are all greedy, rich tax-evaders, and shed some light on the reality of the situation, i.e. that most people being affected do not have a tax evasion motive, and are being unfairly targeted. I’ve been asked to help recruit the panel, and to suggest talking points for the discussion.
Fatca: The end of financial privacy
http://dailycaller.com/2013/09/12/fatca-the-end-of-financial-privacy/
This is an excellent article by Andrew F. Quinlan, Center for Freedom and Prosperity. Note the first comment made.
Media opportunity – Round table on FATCA and #americansabroad
Message from PoliticalXPat:
Admins take note.
Please forgive me for posting in the wrong place… I wanted to post a new topic, but it appears that is only available to users with a login id and password, and it’s not obvious how to obtain one. Also couldn’t find any e-mail contact info for the Brock society or Eric.
I have an exciting media opportunity, and would like to present for group discussion which Brokers would be best suited to participate in a round-table discussion about FATCA, Ex-PATRIOT, and its impacts on Americans living abroad and American Expatriates. This is for a very popular podcast (one of top 50 on the Internet on any subject). I need to either collaborate with Eric or other Brock leadership to decide who to invite to participate, or (better in my opinion) describe the opportunity in detail in a new post so the community can discuss which Brockers would be best candidates.
Could someone post an e-mail address for how I can “contact the management”, else advise me how to post a new topic myself? I also suggest a contact button be added to the site’s about page. If it’s already there, it needs to be made more obvious – I looked and couldn’t find it.
Thanks!
Building a FATCA Fact Sheet
This was proposed by Just Me and seconded by a few others so I thought we could take a shot at it together.
The basic idea is to create a one page (maybe two) tract that could be used as a template – something that could be adapted to the local circumstances. It could be sent to journalists, passed out during demonstrations or just emailed to people we know who are still very confused about what FATCA is, what it means, and why they should care.
Here are the latest updates as of September 17, 21:51 Paris time.
What is FATCA?
The Foreign Account Tax Compliance Act (FATCA) is an extra-territorial U.S. law that demands that all financial institutions in the world report to the United States’ Internal Revenue Service (IRS) the confidential account information of millions of people it classifies as “U.S. persons”.
What is a U.S. Person?
A U.S. Person can be a U.S. citizen, a Green Card Holder, or the citizen of another country who has a connection to the United States.
Here’s how you may have a US connection:
* born in the USA
* born outside the USA with one or two American parent(s)
* lived in the USA for a number of years
* visited too long in the USA in any given year
* married to a US person
* share signing authority on an account with a
US person
Chances are very good that you, or someone you know, is a U.S. Person. That means FATCA affects you personally. Millions of people worldwide who do not consider themselves to be U.S. citizens are still considered U.S. Persons by the U.S. government even if they have never lived or worked in the U.S., are citizens of another country, and have never held a U.S. passport or Green Card.
But I’m not a tax evader or a U.S. citizen or Green Card Holder!
Under FATCA you are presumed to be guilty until proven innocent.
If your local bank suspects you are a U.S. Person, they will require that you prove you aren’t.
If you clearly are a U.S. Person, and your country has signed an agreement with the United States (called an “IGA”), then your local bank will send your account information to your local government who will then turn it over to the United States.
Under these agreements, this will happen even if your country has strict laws protecting personal privacy. So far the following countries have either signed these agreements or have agreed to do so: UK, France, Germany…..
What will the United States do with that information?
Under American law U.S. Persons are also U.S. taxpayers. Those who live outside the United States are required to file tax returns, bank account reports and pay American taxes. This is true even if the U.S. Person earns no income and has no assets in the United States.
You might consider yourself a responsible tax-paying citizen of another country but the United States sees it differently. If they think you are a U.S. Person then they feel they have the right to add you to the American tax base.
There are others ways they could use that information. If enough countries are bullied into complying then the United States government will have a master list in their databases of all the people (and their assets) in the world who have any connection however innocent to the United States of America. That sounds a lot like the recent NSA scandals where the United States spied on citizens of other countries.
FATCA is spying by other means.
But I thought FATCA and all those reporting rules only applied to the rich?
Not true. FATCA impacts ALL U.S. Persons: rich, middle, or low income .
The filing threshold for one form, the FBAR (Foreign Bank Account Report), is only 10,000 USD. This threshold is the total of all that person’s accounts (checking, savings, and retirement) combined – not the value of any one account. This means that even very low-income U.S. Persons must file and face stiff penalties – up to 500,000 USD and 5 years in jail – if they fail to do so. The American IRS can impose these fines even if the U.S. Person is too poor to file a tax return and doesn’t owe any tax.
I’m not a U.S. Person and I don’t have any connection to the United States. What does FATCA have to do with me?
FATCA impacts ALL citizens in ALL countries in three ways:
1. All financial institutions worldwide are affected by FATCA. The billions they will spend in compliance costs will be passed along to customers in all countries through higher FEES.
2. Local governments and local taxpayers will bear the cost of the staff and information systems required to implement FATCA in that country.
3. Existing privacy and anti-discrimination laws will have to be downgraded in every country in order to facilitate FATCA. This means that citizens everywhere can expect less protection of their privacy from their local government.
Part IV (What they can do about it)
Some ideas for this section:
Here I would point them to Isaac Brock first as a resource. As them to join us or pass the link around to people they know who are affected by FATCA.
Then we can list the other sites we think they would find useful: Maple Sandbox, ACA, AARO and so on.
More on citizenship and identity: #FATCA and Citizenship Based Taxation is not the only way to live off the blood of other countries
Folks living in this tiny Alaskan border town may use Canadian dollars, but they’re still ‘100% American’ NOT http://t.co/7SRHfefXUI – Yes
— U.S. Citizen Abroad (@USCitizenAbroad) September 12, 2013
Very interesting article about a man who lives in a small Alaska outpost where all of his infrastructure is provided (presumably for free) by Canada.
“We accept Canadian currency at par. I pay my hydro bills at the provincial office in Stewart. I have a 250 area code and I don’t want you to be offended, but no matter how tied we are to Canada there is not a single hair on my body that thinks I’m Canadian.
I fought in Vietnam for my flag, and I would stand up and fight for the Canadian flag. But I’m 100% American. Although I do have lots of Canadian friends. Canadians are good people eh.”
Hmm, I wonder if this Homelander “Blind Patriot” has a bank account in Canada. Looking for Mr. FBAR.
Falling proportion of American emigrants requesting Consular Reports of Birth Abroad for children
In a comment, bubblebustin asked for statistics on the number of Consular Reports of Birth Abroad. Unfortunately I wasn’t able to find the actual numbers, but the State Department does make Paperwork Reduction Act filings with the Office of Management & Budget giving estimates on DS-2029 (the form parents fill out to apply for a CRBA).
State started out with an estimate of 70,000 filers per year in 1975, but apparently they found this was an overestimate and quickly revised that downwards to 35,000 per year in 1980. In about two decades after that, State increased their estimate of DS-2029 filers by about 31% to 46,000 in 2002, then increased by about 50% more over the decade to 68,627 per year. In other words, it took more than three decades for the estimated number of reported births to double. Yet the doubling time for the total population of Americans abroad is far shorter than that, apparently around a decade: in 2002 State estimated that 3.2 million Americans lived abroad, while last year they said 6.3 million.
In other words, the proportion of overseas Americans requesting Consular Reports of Birth Abroad has decreased by nearly 25% in the last decade. The obvious question: is this due to a drop in birthrates, or a drop in the proportion who choose to report their babies’ births to the U.S. government?
