Tag Archives: FATCA

#Americansabroad: “Ask NOT what the Homeland can do for you! Ask what you can do for the Homeland!

What follows is the full text of the Facebook post referenced in the above link. Really now, it’s time to understand that taxation is NOT the price you pay for Government services (or certainly not civilization). It’s something you are required to pay to support the Homeland. Homelanders abroad, Accidental Americans and other dual citizens, academics, and those opposing FATCA, FBAR, PFIC, CBT and other forms of U.S. extra-territorial harassment should really be asking:

“Ask not what the Homeland can do for you! Ask what you can do for the Homeland?”
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#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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The pain of renouncing US citizenship: It’s not about the loss of citizenship

The above tweet references an article at swissinfo.ch written by Christina Warren. She describes her feelings about renouncing her U.S. citizenship. It is an interesting article which describes the pain and turmoil associated with renouncing her citizenship. Rather than attempt to comment at the site, I decided to write a comment as a post. Please read her article

Christina:

Thanks for writing this article. It’s clear how painful your “decision” to renounce your U.S. citizenship was. You “never had a say” when it comes to U.S. policies including citizenship-based taxation and FATCA.

As a result, you “never had a say” in whether you could retain your U.S. citizenship. For the most part, tax complaint U.S. citizens living abroad, can no longer survive if they continue to be U.S. citizens. Your renunciation was reasonable, necessary and inevitable.

I understand the tremendous pain your loss of U.S. citizenship has caused you. But, I would like to suggest that the “pain” may not be the loss of U.S. citizenship. I suggest that the “pain” is for at least two other reasons.

Reason 1: The realization that American NEVER stood for and embraced the values that you thought it stood for. It’s the feeling of having been “duped”, perhaps “lied to”.

Reason 2: The realization that you never did and never will matter to the United States. You thought that you could get the U.S. government to listen. To understand. To do the right thing. To treat its citizens with “concern and respect” or (considering Americans abroad) with “equal concern and respect”. The United States doesn’t care about its citizens (no matter where they live). This is evident from the response from Elizabeth Warren. The response from Ms. Warren is NOT about FATCA. The response from Elizabeth Warren is a clear statement that what matters to the United States of American is NOT “citizens” but “revenue”.

“Citizenship-based taxation” is bad enough. But, “taxation-based citizenship” is much worse. My point is that the ONLY thing that “U.S. citizenship” is about is taxation.

Here is the excerpt from Elizabeth Warren that you quote:

“…I recognize that FATCA implementation has not been perfect, and it troubles me that financial institutions overseas would deny services to Americans out of concern over FATCA compliance. However, according to the U.S. Senate Permanent Subcommittee on Investigations, the U.S. Treasury may be losing more than $100 billion in tax revenues every year as a result of offshore tax havens. I believe measures like FATCA clamp down on overseas tax evasion and help make sure that everyone pays their fair share of taxes. …”

You should be happy that you are no longer a citizen of a country that doesn’t care about its citizens. Believe me the U.S. Government understands what it is doing to it’s citizens abroad. It doesn’t care.

Exactly why does the US Government hate #Americansabroad so much? (Homelanders too)

Once upon at time, there appeared a comment that was so good that it deserved a post of its own (from Russell) …

Good points that highlight, yet again, the absurdity and detachment of the U.S. political system from 9 million of their citizens now living in an ever globalized and ever more competitive world. The U.S. political class and presidential candidates disinterest in this ever-growing and important group of citizens only speaks to the total stupidity, general ignorance, global unawareness, profound provincialism and confirms a totally dysfunctional and archaic system that is today the United States. A country that attacks and harms its diaspora and through its laws has succeeded in turning its own citizens into international pariahs with international banks, in international business partnerships, in marriage and in the general perception outside of the U.S.

I recently met with three start-ups at a fair in Germany, two from the UK and one from Sweden. In my work as a headhunter they were hiring me to find them some talented people for their growing and successful startups. In all three cases, and each in separate meetings with me, the startups told me that they did not want any Americans or Europeans with U.S. Green cards or passports. They were all wisely warned by their banks and financial advisors not to bring any U.S. Persons into their business. Two of them knew the reasons and the risk that any American presence would bring to the business. The other one learned the hard way. They had an American investor who got them into his FATCA mess, reporting his holdings and his American tax consultant demanding the business’s bank details and the personal details of the owners. They returned his investment, threw him out and agreed never again to get involved with any U.S. persons in their business. This is now widely known and even if FATCA and all of the other reporting requirements for Americans would be eliminated, the damage is already done. The perception out there is to avoid hiring any Americans and also avoiding their investments. They are too much trouble and their government is an intrusive bully that thinks it can control the entire world. That spirit is so foreign to the young brilliant startup minds out there today. The U.S. has become a has-been and definitely not seen as a cool place anymore.

The world has moved on and the U.S. politicians and presidential candidates still haven’t realized that the world has changed since their anachronistic citizenship based tax system dating from the Civil War. Truly, a nation of idiots.

I wonder what Russell really thinks.

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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Opposition to #CookvTait requires one to address the argument: All citizens are subjected to the same tax laws

Assistance required. Many people defend (not justify) citizenship taxation on the basis that:

  1. All U.S. citizens are subject to the same provisions of the Internal Revenue Code
  2. Americans abroad are U.S. citizens

Therefore, Americans abroad should be subject to the same provisions of the Internal Revenue Code as Homelanders.

Or in Homelanderspeak:

All U.S. citizens are subject to exactly the same set of tax laws. What could be unjust about that? We are ALL citizens. Therefore, we should ALL be subject to the same set of laws.

Could you please address your mind to the following question:

What is the best response to this argument? How can one best explain that it is wrong to justify citizenship taxation on the basis that ALL citizens are subject to it in the same ways?

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Thoreau vs. Lincoln: Two great Americans with conflicting views of how one should respond to unjust laws

What follows is my comment (final thought to 2014) to the post referenced in the above tweet. I believe that it is becoming more and more relevant.

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