2022 FATCA Report: If US doesn't agree to amend #FATCA IGAs to include full reciprocity and respect GDPR (which it won't) options include: 1. Blocking law generally 2. Blocking law for @USAccidental 3. Deem #FATCA inapplicable to European residents period! europarl.europa.eu/RegData/etudes… ImageImageImage
The very last paragraph explains that #FATCA is not in the spirit of multilateral cooperation. Basically it saying that the US is essentially a 100% taken and a 0% giver. But, we know that Image
A "blocking" statute is a law that "blocks" the application of certain laws ... en.wikipedia.org/wiki/Blocking_….
Apparently a contributor to @TaxNotes has reached the same conclusion ... taxnotes.com/tax-notes-toda…
The report doesn't understand that the #FATCA IGAs are to allow European countries to implement US FATCA law as European domestic law. But, US FATCA law contains NO PROVISION for EXCHANGE of information. Therefore the IGAs cannot contain honest provisions for exchange of info.
A reminder that the #FATCA problem is caused by US @CitizenshipTax. Ending FATCA would NOT end #CBT, but ending severing US citizenship from US @TaxResidency would end the problems of #FATCA. citizenshipsolutions.ca/2022/08/23/for…
The August 29/22 letter from US Treasury to Dutch representative (discussing #FATCA issues) absolutely confirms US intent to impose US @CitizenshipTax on US born people with @TaxResidency in NL. citizenshipsolutions.ca/2022/09/11/aug…
ONLY severing citizenship from @TaxResidency solves problems of ALL #Americansabroad, ALL the time, under ALL circumstances. Commenter referring to EU report writes: "I fear if this happens - the impact of CBT is minimised to the point that many will stop caring and fighting"

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More from @ExpatriationLaw

Sep 8
Lesson from @VLJeker: Some people may never be able to renounce US citizenship. Others may have capacity to renounce now but may not have the capacity to renounce in the future. The inability to renounce has implications for estate and life planning and should be taken seriously!
@VLJeker I have and do see cases where the aging process has eroded the capacity to form the intention to renounce. The result is that certain people are forced to continue to live and die as US citizens. While not a problem for US residents, it can be a big problem for #Americansabroad.
Problems of living/dying as @USCitizenAbroad include: 1. US @citizenshiptax regime while alive 2. Estate having to file US tax returns at death 3. Difficulties leaving assets to nonresident alien spouse 4. Possible Estate Tax 5. Estate Tax return to transfer certain US assets
Read 7 tweets
Sep 4
Supreme Court Asked to Consider if FBAR Penalty Is Excessive Fine taxnotes.com/research/feder…
Separately on Nov. 2/22, in Bittner, the US Supreme Court will hear the case on the issue of whether the non-willful civil #FBAR penalty (found in 5321) - can be applied (based on a reading of 5314) on a "per account" or on a per "form" basis. It's the season of @InFBARWeTrust!
So, Bitter is about the interpretation of penalty application under 31 USC 5314 and 5321. Toth (if the Supreme Court hears the case) is about whether there are constitutional limitations to any penalties imposed under 31 USC 5321.
Read 10 tweets
Aug 7
@AmerIronCurtain @BlognDog @AmExpatFinance @CrossBriton @tconsult @ACAVoice @CitizenshipTax 1. Look at the various lawsuits. Not a single one so far is focussed on ending @Citizenshiptax. 2. Look at @Demsabroad and @ACAVoice - neither has the slightest interest is severing citizenship from @taxresidency. 3. Individuals follow the various orgs. ...
@AmerIronCurtain @BlognDog @AmExpatFinance @CrossBriton @tconsult @ACAVoice @CitizenshipTax @DemsAbroad @TaxResidency 4. Complexity: Very difficult to understand all the moving parts and how they integrate. 5. Unbelievable ignorance of the the tax compliance community (making claims like treaties prevent double tax and this form is only an information return which doesn't result in tax owing ...
@AmerIronCurtain @BlognDog @AmExpatFinance @CrossBriton @tconsult @ACAVoice @CitizenshipTax @DemsAbroad @TaxResidency 6. Confusing symptoms/result of the problem (PFIC, #GILTI, etc) with the actual problem problem @citizenshiptax 7. Believing that not filing (personal solution) is somehow a general solution ...
Read 6 tweets
Jul 27
Space the final frontier. These are the voyages of the Star Ship Enterprise, it's five year mission to explore strange new worlds, to seek out new "individuals" to "Boldly Go" where no definition of @taxresidency has gone before
The USA tax base is composed of "individuals". Will any carbon life form suffice? "Individuals" include, but are not limited to "residents".
I suppose that all "persons" are "individuals". But does every individual have to be a "person"? See this fascinating article from The Atlantic that raises the question of whether an elephant can be a person. theatlantic.com/ideas/archive/…
Read 8 tweets
Jul 26
In 2022 a "Message in a bottle" from 2013 washes up on the shore as a reminder of US Treasury's " Myth vs. #FATCA isaacbrocksociety.ca/2013/09/20/fro…
Walking further down the shoreline, I found a second "Message In A Bottle" - Circa 2015. A 192 page book documenting the "Facts" exposing US Treasury's 2013 "#FATCA Myths" (AKA "Stack-Of-Lies) which continue to this present day. Have a look at this. citizenshipsolutions.ca/wp-content/upl…
Spent afternoon reading that 192 book absorbing the shocking atrocities committed by the USA against its diasporA. I then tripped, fell into a ditch, landing on a 3rd message Circa 2017 - about a #FATCA hearing - from @AndyGr delivered by @IsaacBrockSoc isaacbrocksociety.ca/2017/05/28/tra…
Read 12 tweets
Jul 24
@AccidentallyUSC @ConnecterIO @SEATNow_org "Uniting and organizing" assumes commitment to a principle that will allow all Americans to live ordinary lives. The ONLY thing that solves the problems of all people, all the time under all circumstances is ending @citizenshiptax -severing US citizenship from US @taxresidency.
@AccidentallyUSC @ConnecterIO @SEATNow_org @CitizenshipTax @TaxResidency As long as #Americansabroad think in terms of solving "their problem" rather the "the problem" change is not possible. Everybody supports some specific change that helps them but leaves other problems intact. H.R 6057 - which helps some people - is a most insidious example.
@AccidentallyUSC @ConnecterIO @SEATNow_org @CitizenshipTax @TaxResidency .@SEATNow_org was formed to educate and encourage people to unite under principle of ending @citizenshiptax - severing citizenship from @taxresidency. Truth is that most people/groups are NOT committed to this principle. They want their problem solved and don't care about others.
Read 9 tweets

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