Update – June 24, 2015
I include the following comment from Deckard1138:
Hi John,
Great post. The only observation I would make is that of course you don’t have to have been born in the U.S. to be affected by CBT, FBAR and FATCA. Foreign-born children of at least one US-born parent who met the arcane residency requirements, spouses of US-born individuals, green card holders and immigrants to the US are also being terrorized by an immoral and tyrannical American government. A US birthplace may be the primary trip-wire for US Persons abroad, but it is by no means the only one.
The Facts:
The wisdom of John Adams has been cited through the years. It formed the basis of some of Ronald Reagan’s most memorable speeches.
The simple fact is that:
All people who were born in the United States, who live outside the United States, are under attack by various U.S. laws. These laws include: certain tax laws and certain reporting laws. The United States is currently on a “world-wide” hunt to locate ALL persons with a U.S. place of birth. In order to facilitate the “hunt” the United States has “deputized” non-U.S. banks and the compliance industry to assist in the search.
From a U.S. perspective:
The mission to to locate ALL people born in the United States who live outside the United States. All of them. The U.S. makes no distinctions among members of this group.
From the perspective of those with a U.S. birthplace who live outside the United States:
They are not the same. Some consider themselves to be U.S. citizens. Some do not. Some consider themselves to be loyal Americans. Some do not. Some consider themselves to be Republicans. Some Democrats, etc. This is true. But it is also irrelevant. The U.S. Government doesn’t care.
Facts are stubborn things! The fact is that all U.S. born people who live outside the United States are under attack.
Purpose: The need for unity
It is obvious that not all people are same. Therefore, it’s obvious that not all people with a U.S. birthplace are the same. They will not agree. They may not like each other. They may have differing priorities. They may have differing views about specific goals and the ways of achieving those goals. On the most basic level (as I have repeatedly said) some affected by all of this don’t even consider themselves to be Americans. Some do. But, the point is that the U.S. Government doesn’t care whether you are American. The U.S. government cares only whether it can define you to be a “U.S. person” and subject you to U.S. taxation. That’s all it is.
Therefore, it’s extremely important to recognize that ALL individuals (“Homelander Abroad“, “Non-meaningful“, “Republican”, “Democrat”, etc.) with a U.S. birthplace are affected by U.S. policies in the same way. Sure, some will NOT owe U.S. tax. Some will. I suggest that INDIVIDUAL CIRCUMSTANCES are less important than the GOVERNING PRINCIPLE.
The relevant question is:
Are you prepared to accept as the “GOVERNING PRINCIPLE” that:
The United States of America can define citizens and residents of other nations as part of its tax base and use the status of the U.S. dollar to impose sanctions on nations that won’t do what it wants.
The “infighting” among the different groups of “so called Americans abroad” must stop. All the various groups are doing important work. They are just doing it differently. The “personal circumstances” of an “individual” are not (in the scheme of things) as important as the broader principles at stake. It’s important to:
– respect the obvious fact that there are many different kinds of people with a U.S. birthplace;
– simply to “agree to disagree” on some of the specifics, but always agree on the broader issues
– understand that you don’t have to participate in or agree with every single step that may be taken to protect “U.S. born people” abroad.
Some agree with the ADCS FATCA lawsuit and some don’t. So what.
Some believe that a lawsuit in the U.S. against CBT is a good idea and some don’t. So what.
There is a difference between NOT supporting an initiative and actively opposing that initiative. The (what is almost certain) lawsuit against CBT is a good example. Some agree with it. Some don’t. Some don’t want to finance it. Some do. If you don’t support it, that’s fine. But what possible value is there in opposing it?
If you are reading this post you are involved in what is a long march for justice for “Americans abroad”. Again, this is a “marathon” and not a “sprint”. It will take time. It will take energy. It will take purpose. It will take focus. It will take belief.
Shouldn’t the energy of everybody affected by this be directed towards supporting all steps toward righting the severe injustice inflicted by the U.S. Government on those with a U.S. birthplace?
The importance of a united front …
Whether through “political action” or through “litigation” (or a combination), it’s important the the U.S. Government, the Republican Party, the Democratic Party,Governments of other nations and the courts understand that ALL people with a U.S. birthplace are unjustly affected by FATCA, FBAR CBT and the rest. In no way can this be seen to be a partisan issue. It’s not about the Democrats or the Republicans.
Which means that …
As entertaining as the recent “in fighting” has been, it really must stop.
It’s obvious to me that:
To the extent that the U.S. Government views “Americans Abroad” as NOT having a united front, change will be more difficult. Far better for the U.S. Government to see very different groups that have very little in common, but are absolutely united in their opposition to FATCA, FBAR, CBT, PFIC and the “Alphabet Soup” list of evils that are destroying the lives of Americans abroad and eventually the Homeland itself.
So, in public …
Probably not a good idea to undermine the positions and views of those who you don’t agree with.
Most of what you need to know about life comes Mario Puzo’s “Godfather” (not from the U.S. Treasury).
First – Public Perception:
Second – About those who you don’t like:
As ADCS reserves right to have a go at the Canadian Government for mentioned injustices allowed by Canadian law, I reserve right to have a go at the Australian Government for mentioned injustices allowed under Australian law.
Most of my focus is on the US Government with lesser focus on Australian Government. I mention the injustice of US taxation of Australian Superannuation for Australian residents – as I believe this the most clear example within Australia of the injustices. I understand that I must make clarification for comments directed toward the US, but perhaps the most clear example for persons in the US is double taxation of retirement funds, similar to US 401K and IRA. However, this injustice may not ring through for US politicians who get government pensions and will not rely on retirement savings through 401K and IRA.
I have been after FATCALegalAction and Republicans Overseas for partisan tweets. I have quoted back to them of an article saying that FLA was founded by overseas Republicans and Democrats (and also there are Democrat plaintiffs in the works). I ask them why make partisan posts? Just focus on the injustices and don’t remind Democrats why they don’t like the Republicans – leave the partisan attacks to the Homeland Republican Party. They stopped with those posts.
Democrats Abroad are perhaps unredeemable and in need of new leadership, more representative of their overseas base; alternatively they may change their name, I suggested to them, to Homeland Democrats Overseas.
So are then attacks on these groups for partisan politics not standing together?
Some groups are very careful not to attack America itself or American laws. They have a very measured response. I say the injustices are nothing new. There have been articles in Forbes, WSJ and others for years outlining the injustices. Then why doesn’t the press questioning lawmakers directly on these issues? Why don’t lawmakers take note? There have been submissions to the Senate Finance Committee and House Ways and Means, and testimony of Rodger Conklin and others. It is all nothing new! The inertia warrants an aggressive tack, even lawsuit against the Canadian Government.
I say it is US persons overseas such as John X Hanson voicing opposition to CBT, FBAR, and FATCA who are expressing American principals and values to a much greater extent than embodied in those laws that punish US persons overseas. Those in the US opposing the communication of injustices by US persons overseas are less American for it.
The combination of CBT, FBAR, and FATCA on US persons overseas representing double taxation without representation, with excessive compliance cost, with excessive compliance penalty, without a care by the US government for the well being of US persons overseas, and with $0 in US government services for them in exchange other than those paid for by a fee is Tyranny, and what one may more closely associate with a Communist Government than a Democracy.
LikeLiked by 1 person
Hi John,
Great post. The only observation I would make is that of course you don’t have to have been born in the U.S. to be affected by CBT, FBAR and FATCA. Foreign-born children of at least one US-born parent who met the arcane residency requirements, spouses of US-born individuals, green card holders and immigrants to the US are also being terrorized by an immoral and tyrannical American government. A US birthplace may be the primary trip-wire for US Persons abroad, but it is by no means the only one.
LikeLike