The vice-president of Samsung Family Office wrote an article in the Korea Economic Daily a couple of weeks ago discussing the effects of FATCA. Samsung Family Office is a division of Samsung Life Insurance which markets products and services to customers with more than three billion won in assets — that is to say, people who would be “covered expatriates” if they are U.S. Persons. Of interest: his report that South Korea’s legislature is already considering amendments to tax laws in order to pave the way for an inter-governmental agreement.
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Spotted at DNC Convention: Canadian MP Paul Dewar
According to G&M writer Adam Radwanski’s Twitter feed:
RTS TTC Program on the Turmoil in the Swiss Banking Industry & Infrarouge debate on Wednesday
As a follow up to the interviews of Swiss bank employees who feel betrayed by the banks (https://isaacbrocksociety.ca/2012/08/28/interviews-on-swiss-tv-bank-employees-upset-about-their-names-being-disclosed-to-the-us/) Swiss Francophone RTS’ TTC (“Toutes taxes comprises”) has come out yesterday with a broadcast tracking the diminishing confidence that the Swiss have in the banks. The situation has been going on for at least a decade, probably starting with the SwissAir crisis: http://www.rts.ch/video/#/video/emissions/ttc/4243403-les-banques-dans-la-tourmente.html
There will be another Infrarouge debate tomorrow (Wednesday) on RTS, entitled “Special Program- Bank Employees: Has Switzerland Capitulated? http://www.infrarouge.ch/ir/1930-emission-speciale-employes-banque-suisse-elle-capitule
There is a FORUM at the bottom of the page, I would encourage everyone to sign up and post their comments, in French if possible, but if you can only write in English the post should also be accepted. It is important to constantly remind the viewers and readership of journalists like RTS Info that the bank-related issues are not only about FatCats and money laundering but also about lowly bank employees just trying to do their job and make a living, and people living in Switzerland, paying Swiss taxes, and being nonetheless chased by the IRS for double taxes, FBAR and FATCA, and being shunned out of even the most basic and neccesary banking services by many banks in Switzerland.
Form 3520, “foreign trusts”, and the Streamlined Filing Compliance Procedures
Thinking of taking the IRS up on their offer of “simplified” compliance procedures for U.S. Persons abroad? Well if you have a “foreign” retirement or purpose savings account, you should be warned that the paperwork is so complicated that even the IRS doesn’t understand it — and thanks to how the U.S. taxes “foreign trusts”, you may end up classified as a “high risk” taxpayer simply for having a retirement account like every one of your neighbours, especially if the U.S. dollar has fallen against your country’s currency during the recent financial crisis.
From a blog post by Brian Dooley as well as a comment by badger, we learn of a recent letter by the American Institute of CPAs to the IRS complaining of grossly inappropriate automated penalty letters being sent out to multiple taxpayers, Canadians among them, in response to accurate, complete, and timely Form 3520 filings — filings which the IRS erroneously classified as incorrect, incomplete, or late because the taxpayers left some blank spots on the form for items which the instructions correctly told them not to fill out.
No Americans Abroad, Mormons or Muslims at the Obama Store
At a first look, the Obama store is quite impressive. It’s got goodies for all kinds of people, many of which were discriminated against in the past. A google on “women” returns 1’980 hits. “African” scores 1’950 hits. Nurses, Latinos and environmentalists just barely trailed behind with 1’940 listings each. “Jewish” returns 1’930 listings. “Veterans” is listed 1’920 times. While the word “Gay” only returned the home page, “LGBT” was found 1’840 times. Quite impressive! Pets are listed 1’820 times. There is even an “LGBT for Obama Dog Bandana“! Dogs are very important voters in presidential elections, with a relevance of 470 results. “Asian“, being less profitable for the campaign than dogs, returned 198 listings linked 194 times to “Pacific Islanders”. However, AAPI‘s do have their own collections page listing 4 items, unlike dogs. For babies, 198 listings were returned, but nothing for Mormons, for whatever reason, even though they are not Muslims who also have nothing to buy.
But, that’s not why I went to the store. I want to the store to see how valuable Americans abroad are for campaign contributions and I looked and looked, but could not find. No abroad, no overseas, no expat, no nothing. Not even “US person“, FATCA, FBAR, or offshore. Foreign, however, popped up 1’760 times, but that’s only to say:
This contribution is not made from the funds of an individual registered as a federal lobbyist or a foreign agent, or an entity that is a federally registered lobbying firm or foreign agent.
So, what does this show? It shows that Americans abroad, Mormons and Muslims are not shopping at the Obama store. I certainly could shop at the Obama store and wouldn’t mind doing so, but what have Democrats offered Americans living abroad? Nothing that I could find. Yet, even if I could find something for Americans living abroad, the billing page only accepts the United States in the country dropdown.
Breaking FATCA news from Hong Kong: banks and tax consultancy firms are still shills
Following in the grand media tradition of running biased reports about old news in an attempt to generate a feeling of consensus and progress about the issues of the day, Hong Kong’s Headline News — one of the half-dozen Metro clones you can grab for free to read on the train to work — printed a FATCA article this morning, apparently apropos of nothing. There’s no new developments to report, so they just repeat the same old half-truths in an increasingly skewed manner.
The article features interviews with diverse sectors of society such as banks and tax consultancy firms. Only a few unimportant voices are missing, such as the government bureau which is allegedly supposed to be formulating the policy response to FATCA, or accountholders who might be affected. Unfortunately it’s the first news we’ve seen here in months, so I’ll translate it anyway as part of the ongoing project of Kremlinology in trying to figure out what exactly my adopted hometown’s response to FATCA is going to be. Continue reading
US Air Force Deserter revealed after 28 Years
David Hemler fled the US Air Force whilst stationed in Germany during the 1980s and ended up living in Sweden under the false identity of a Swiss immigrant born in Zurich. He only revealed himself last month after deciding to make contact with his US-based family who hadn’t heard from him since that time. He has since become a Swedish citizen and works for the Swedish government and has also received legal assurances that he should’t be deported.
Too bad you don’t automatically lose US citizenship when you desert as a serviceperson, though I imagine that such a bill has probably been floated from time to time. Could he, or anyone else in this situation, be arrested if he tried to go into the US Embassy to renounce/relinquish citizenship? I say this, because I imagine that he has absolutely no idea of all the paperwork and failure-to-file penalties that the IRS is now going to expect from him nor of the looming FATCA deadline. I’d say he picked a pretty bad time to publicly reveal to his banks that he wasn’t born in Zurich as well…
Diminishing Returns
Cross-posted from Perspectives at USxCanada InfoShop.
From a broadscale, abstract perspective, the voluntary and other disclosure programs of the IRS after 2009 bear resemblance to the post 9/11 decade of tottering toward ever more byzantine and restrictive financial reporting to U.S. authorities by unfortunate “U.S. persons” who merely reside “overseas.”
The Decade
At the level of decade, the multiple period provisions of Form 8854 Initial and Annual Expatriation Statement bear witness to a wish to tighten the screws ever more, with very different regimes operating pre-2004, 2004-2008, post-2008. One other indicator, from a different direction, is the institution in mid-2010 of a punitive $450 fee for renunciation of U.S. citizenship, in face of a skyrocketing rate of ship-of-state jumpers.
Voluntary Disclosure
The voluntary disclosure programs of 2009 to the present manifest steadily upward penalty increases, to a current 27.5 percent.
According to sketchy IRS reporting as of early 2012, the 2009 program generated $3.4 billion with 95 percent closure, and the 2011 program generated another $1 billion. [1]
More IRS reporting in mid-2012 shows acquisition of another $0.6 billion and 1500 further disclosures (compared to 33,000 in the first two) under the new third open-ended program. [2] (This 1500 quantifies the “hundreds” who were said to be eagerly coming forward after September 2011. [1])
This looks like a clear case of diminishing returns.
All Extraterritorials
Yet another enforcement prong, in operation for about a year, deserves scrutiny. In December 2011 the IRS restated existing procedures for persons “residing outside the U.S.” under the guise of advertising policy relaxation. [3] The IRS then followed up in mid-2012 with an announcement of specific guidelines to come. [4] At the end of August 2012 the specifications [5] made it apparent that potential participants would gain little assurance by “coming in from the cold,” could well expose themselves to unwarranted harsh scrutiny, and would certainly subject themselves to severe compliance costs in the form of legal and accounting fees.
The IRS together with its master the United States government increasingly look like dancers paired as a mad duo dervish, whirling ever faster in dubious pursuit of payoff phantasms, with onlookers increasingly bemused by the perverse chasing of the partner’s tail.
References
[3] Information for U.S. citizens or dual citizens residing outside the U.S.
Last Dance: New Filing Compliance Procedures for Non-Resident U.S. Taxpayers – Effective September 1, 2012 – A Preliminary Analysis
This post is an excerpt from a more detailed post at RenounceUScitizenship.
Some ThoughtTweets – ReTweet As You Deem Appopriate:
New IRS procedures for #expats create 2 kinds of #americansabroad 1. Those who renounce 2. Those who hide – http://t.co/OKASLISL #FATCA
— U.S. Citizen Abroad (@USCitizenAbroad) September 2, 2012
IRS breaches Jan. 2012 promise to #americansabroad by failing to provide procedures for tax and #FBAR compliance – http://t.co/ndjuV2wp
— U.S. Citizen Abroad (@USCitizenAbroad) September 4, 2012
New IRS Streamlined procedure for #americansabroad who are not in tax or #FBAR compliance – Jack Townsend – http://t.co/aNfVzOwM – Caution!
— U.S. Citizen Abroad (@USCitizenAbroad) September 1, 2012
https://twitter.com/FATCA_Fallout/status/242127683985743872
Now two classes of expatriates: the exposed and the hidden. Exposed will "take their lumps". #FATCA #FBAR #OVDP http://t.co/eNzhz6cH
— U.S. Citizen Abroad (@USCitizenAbroad) September 3, 2012
Another third party analysis the new IRS Streamlined guidelines for #americansabroad – how a US resident sees it: http://t.co/pRJ0EfGs
— U.S. Citizen Abroad (@USCitizenAbroad) September 4, 2012
How the new IRS streamlined procedures for non-residents can identify #FBAR "Form Crime" – Be careful! http://t.co/kYPy8bbH – lawyer needed!
— U.S. Citizen Abroad (@USCitizenAbroad) September 5, 2012
On August 31 the Isaac Brock Society, and Roy Berg of Moodys Tax, reported that the IRS had issued its long awaited compliance guidelines for U.S. citizens and dual citizens who reside outside the United States. This will be of interest for U.S. citizens residing outside the United States who want to come into compliance with U.S. tax laws. What follows are my thoughts on how the new guidelines might affect the “compliance question”. This post is certainly not. and is not intended to be, legal advice (or any other kind of advice). My goal is only to identify considerations that might be worth discussing with your professional advisers. You should begin by reading the IRS announcement which includes a link to the questionnaire. Continue reading
Criminal Complaint in Switzerland for Theft and Fencing Stolen Property
Plainte en Suisse pour vol et recel (RTS.CH)
Le Ministère public de la Confédération a reçu cette semaine une dénonciation pénale visant Norbert Walter-Borjans, le ministre des Finances de Rhénanie du Nord-Westphalie. Cette dénonciation émane d’un avocat genevois qui l’accuse notamment de vol et de recel dans le cadre de CD de données bancaires.
Pierre Schifferli accuse également le social-démocrate allemand de s’être rendu coupable de soustraction de données, de violation de secret commercial, de soustraction de données personnelles. Les charges de violation du secret bancaire et de violation de la loi sur la protection des données viennent compléter la liste.
The Swiss Federal Attorney-General received this week a criminal compliant against Norbert Walter-Borjans, Finance minister of Nordrhein-Westphalia. The complaint lodged by a Geneva attorney accuses theft and trafficing in stolen property in regards to a CD of bank data. The German minister is accused of illegally obtaining data, violation of commercial secrets, illegal access to personal data, as well as violation of bank secrecy and the Swiss Federal Law on Data Protection.
In the meantime, the Federal Justice Minister of Germany (it was the Laender i.e. State governments that were purchasing stolen bank data) wants to institute a law criminalizing the “fencing” of bank data and its purchase and use.
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