Category Archives: offshore accounts

#FEARBar (“Foreign Email Account Report”) update – All indications lead to reporting

The above tweet references a post written four years ago in June of 2013. The post predicted that at some point the United States would require disclosure (in addition to FATCA (Form 8938) and FBAR (FinCen 114) and other forms) of the email accounts used by Americans abroad.


That post concluded with my prediction:

The purpose of FBAR and FATCA is to …

Provide the U.S. with information that is outside of its jurisdiction. In other words, the U.S. has no legal right to the information. Therefore, by threatening “life altering” penalties, the U.S. forces its citizens to provide this information to the U.S. government.

If the contents of bank accounts is important, then the contents of an email account would be even more valuable.

You heard it here first:

The next information return that the U.S. will require is the:

Foreign Email Account Report” – FEARBar for short!

Congress will (like FATCA) unknowingly pass the general legislation (slipped in as part of a Hiring Act) and authorize the IRS to specify the contents of the return. What an Orwellian World!

FEARBar coming to an information return near you!

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Born abroad to US citizen parents in a #CookvTait world? Are you a US citizen or do have a right to US citizenship?

Introduction:

The above tweet references an earlier comment on this vitally important question.

The purpose of this post is to continue hammering away at this very narrow issue/question.

Does the United States have the right to deem a person born outside the United States to be a U.S. citizen? Can the United States forcibly impose citizenship on a person NOT born in the United States?

To be more specific, I understand that the United States has the right to offer U.S. citizenship to anybody who it wants. The question is whether the United States can force a person (who has not accepted U.S. citizenship) to be a U.S. citizen. Given that the United States is “Hunting For Citizens Abroad”, this is an important question. I have written on this topic before here and here.

This is an attempt to explore the question form from the possible perspectives of: Congress, the State Department, U.S. Courts and legal scholars. I then conclude by asking the questions of whether:

– those unknowingly registered as U.S. citizens by parents should have the right to “reject” U.S. citizenship; and

– whether any forcible imposition of U.S. citizenship on the citizens of other countries could be a violation of international law.

Here we go …
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While some Homelanders have a private tax system – USA imposes FATCA and CookvTait on #Americansabroad

A “bed time story”  explaining why FATCA does not matter in the least for those it was supposedly intended to target!

Once upon a time in America – a FATCA fairy tale …

There were some homelanders who didn’t pay their fair share!

Most of the taxes were paid by higher income earning homelanders!


Unless you were a “super wealthy” homelander in which case you could create your own special tax system and pay the lowest taxes of all!

Which created many revenue shortfalls, so Congress passed “Revenue Offsets” and set the IRS to hunt Americans abroad

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The #FATCA Retirement and other assorted #CookvTait short stories …

Have you either considered stopping working because of U.S. policies toward Americans abroad? Have you stopped working? Have you given up attempting to plan for your retirement?

________________________________________________

FATCARetirement

Updated and continued on January 8, 2015 …

Meanwhile back on the Homeland Front …

As the above tweet confirms:

Yes, it’s true! Americans abroad are damaged by FATCA, FBAR and CBT. Who could have known? Of course the “FATCA Retirement” is only one form of damage. What follows is the message forwarded  from ACA and rerouted to me:

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FATCA – FBAR – OVDP: Comparing inside looking out (Homelanders) to outside looking in

https://twitter.com/USCitizenAbroad/status/647391630773751808

This is really worth  a watch. By the way, the prevailing view is that the Homeland does NOT care about how FATCA affects Americans abroad.

 

 

Free Internet Tax Summit: #FATCA, #FBAR, etc. – Sept. 21/15

 

More on phantom capital gains and the injustice of U.S. taxation of #Americansabroad

I was alerted to the above comment that appeared on Facebook. Here we have one more casualty of the “Code of Conduct” that governs Americans abroad. You have heard the saying:

“When in Rome, do as the Romans”.

When it comes to Americans abroad, the Code says:

“When an American goes abroad, do as an American in the Homeland.”

The above tweet references an article on how dangerous Foreign Exchange rates can be to the financial health of an American abroad. It’s fascinating how fluctuating exchange rates impact the lives of Americans abroad in so many ways.

By the way, the Canadian dollar is feeling. This means that:

2015 is a very good year to renounce U.S. citizenship. To understand why, read this post.

 

 

 

 

 

#Americansabroad will be subject to “economic quarantine” in a #FATCA world

The above tweet references a comment at the Isaac Brock Society.

@Nervousinvestor

See Deckard’s comment here:

http://isaacbrocksociety.ca/2015/01/27/are-strata-corporations-the-next-target-of-canadian-banks-fatca-zeal/comment-page-1/#comment-5391660

and Badger’s comment here:

http://isaacbrocksociety.ca/2015/01/27/are-strata-corporations-the-next-target-of-canadian-banks-fatca-zeal/comment-page-1/#comment-5394406

It is quite obvious that “U.S.ness” is a form of contamination that has the potential to first infect and then effect every aspect of human society. In Deckard’s comment he notes the restrictions placed on the Jews during the Third Reich. The restrictions were completely unjustifiable. Notice how they proceeded one “law” at at time. (what could be more legitimate than that – Remember the “Battle Cry of the Condor” – FATCA is “U.S. law”.)

Restrictions on U.S. persons are completely justifiable.

In the case of FATCA, U.S. persons really ARE a threat to the societies where they live. The reason, as has been articulated time and time again is that:

U.S. citizens are being used by the U.S. as tools (via citizenship-based taxation) to extract capital from other countries and transfer that capital to the U.S. There are people who do not understand this. There are people who pretend to not understand this. But, at the end of the day U.S. citizens really are IN ACTUAL FACT a threat to any country where they may reside.

Eventually countries will be forced to protect themselves from what I would call the:

“U.S.ness Forced Extraction of Capital” and the compliance costs associated with having U.S. citizens as residents.

Who could have imagined even 5 years ago that the discussion on this thread was even taking place?Whether a real threat or not, this newly discovered “Condo Terror”, will make condo boards and developers want to avoid U.S. persons. Same for jobs, marriages, businesses, etc.

But, here is the most likely next step.

Special tax laws imposed on U.S. persons. These laws will be for the purpose of neutralizing the extraction of capital by U.S. tax laws. Simple example:

“No person who is taxable as a U.S. person can have a tax free capital gain on a principal residence.”

(the effect would be to produce a Canadian tax which can be used as a credit against a U.S. tax)

So, although U.S. citizens would still be allowed to own property, they will be subject to special tax rules. These rules are designed to protect the local tax base from the theft of capital by the U.S. Perfectly reasonable. Unfair to the U.S. person? Of course, but they can and should renounce.

On a positive side, I predict a whole new universe of financial products.

These will be designed to:

A. Provide products that give U.S. persons the opportunity to plan for retirement; and

B. Segregate U.S. persons from “free people” so that the “free people” cannot be harmed by the “U.S. contamination”

These new investment vehicles will be a welcome development.

Perhaps we will see Condominiums that are specifically for those who carry the disability of U.S. citizenship.

U.S. citizenship is now a disability and this opens up a whole new world of possible financial products for this group of disabled people.

We are witnessing the beginning. What’s important to note here is that by using FATCA and CBT to attack the tax base of other countries, the U.S. has created a situation where retaliation against U.S. persons is rational, necessary and completely justifiable.

If you don’t want to live in the USA you should renounce NOW. You won’t be able to have any kind of life as a U.S. citizen abroad!

The defensive measures taken to protect countries from “U.S. person contamination” will be incremental and significant. But, they will quickly add up to a world where “U.S. persons are subject to “economic quarantine”. I could also see them being barred from certain professions. For example, the legal profession. Do you really want a lawyer who is subject to FBAR on client trust accounts? Real Estate: Do you really want a broker who must report his trust accounts (with your money) to the IRS?

The implications are huge.

No doubt, some will view this prediction as extreme.

Consider this comment to be a “message in a bottle”. Read it again in 10 years.

And finally, (to echo some of the posters here):

If you want to stop this, then you support the people who are fighting on your behalf.

I am thinking of the stopfatca.ca legal challenge.

John Gibson in New York interviews Keith Redmond in Paris and the train wreck known as ‪#‎FATCA‬ ruining American lives