Cross posted from RenounceUScitizenship
As FBAR enforcement grows, it is inevitable that various aspects of Mr. FBAR will be subjected to constitutional scrutiny. Although it will take time, Mr. FBAR will certainly be invited for lunch by the Supreme Court of the United States. The FBAR rules apply to U.S. persons regardless of where they live. Therefore, the FBAR law is also an extraterritorial application of U.S. law. Therefore, I could imagine a circumstance where the obligations imposed by Mr. FBAR could be considered by a foreign court. (How about this for an example: A U.S. citizen is a real estate broker in Canada. As such he is required to maintain a trust account. Clearly the FBAR law would require the account to be disclosed to the U.S. government and the records retained for a “fishing expedition”. Imagine further a Canadian statute that criminalizes the disclosure of the contents of trust accounts. This sets the stage for the a “conflict of laws” issue. FATCA anyone? But, this is all for another post.) Continue reading
Again for those of you that understand French or that do not mind making sense of translation tool outputs, please find here a link for tomorrow night’s live debate on Swiss bank secrecy and US attempts to weaken it: http://www.infrarouge.ch/ir/1887-banquiers-suisses-tricheurs The debate will be available for view on the tsr.ch website by at least Wednesday night. Please feel free to enroll on the site and post your comments straightaway, (even in English— I have seen at least one comment in English accepted and displayed on the site).
I would encourage anyone here who has the time to post responses on the TSR Infrarouge website in order to fuel the debate and increase awareness amoung the Swiss of how bad the situation is: