Post your FATCA/FBAR/CBT article here!

fbariswrong

If you are tired of the USA’s FBAR, Citizenship-Based Taxation (CBT), and FATCA—this is YOUR place.

If you want to make a post of your own, send in a comment with simple instructions.  Instead of approving your comment—I will copy paste it in to your own post.

Give your instructions as to whether you want to be anonymous, input a nom de plume, or want to put in your real name. I will publish your first name but we must talk by telephone in order to publish your full name.

We invite all affected by this nightmare—including those in the banks and governments who have to deal with this mess.

Many people don’t have their own blog site, and many people want to be together on one site.

Post it here.

I’ll do my best to timely put it up and send a twitter announcement!

Please make it clear that you do or do not want your name published.

Please make it clear that you do or do not want any other contact info published. Be redundant.

Please make a title for your article.

THe work should be your own and the text should dominate the links.  The purpose is to get your text and not someone else’s.  If you want to provide links—there are better avenues than this for your efforts.  You are also encouraged to set up your own blog and publicize your own works. The more avenues the better.

Please control your own work. By definition, this site is for guest posts. The guidelines are similar to those of any “letters to the editor”.

Please support the writers and copy links to their works in as many places as you can.

6 thoughts on “Post your FATCA/FBAR/CBT article here!”

  2. I love the whole concept of this site and hope it gets many contributions. The first one from the retired teacher in Italy is extremely compelling, as are so many other stories I have read at sites like the Isaac Brock Society. Will you eventually be able to provide a linked index on your home page to make it easier to access the contributions as they continue to come in?

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  3. Who are pushing these laws and ideas ? What do they want from us the average middle class who want to improve our life and our children’s life ? We are not the 1% !
    We want to work, we want to expand but all these laws are killing us. We are throwing tons of money at lawyers and accountants just to stay comply with these ambiguous laws.
    Is it better to just sit at home, watch TV, wait for food stamps and blame everything on the 1 % or .001 % ? No.
    We want to work hard, we want to be the .001%.
    We don’t need more regulations. We don’t want to pay hard earned money to more and more consultants to interpret laws for us.
    We don’t want politicians to protect us from the rich as we all want to be RICH!

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  4. Planning ahead: difficult cases in expatriation of U.S. citizenship for those with diminished mental capacity. What if you or your family member would not qualify for expatriation?

    I saw posted here a “planning ahead” question relating to taking into account US citizenship of a prospective spouse before your marriage in a country outside the US (and perhaps even within the US if you as a couple or a family would ever plan to live in another country than the US). Due diligence is better before walking down the aisle than finding out about how you will be caught up in matters of US citizenship-based taxation afterwards. A couple planning a wedding will not find this at all romantic or may not think that it would matter, but they will one day be glad they planned ahead — whatever the decision about the actual marriage. Besides good communication skills, solid financial planning is necessary to protect your assets going into a marriage, as well as those resulting from joining financial accounts with your US spouse-to be. That prompted me to remind persons of another important area in which to think and plan ahead:

    We would not readily think about what happens as we or a family member age with an unfortunate mental incapacity caused by aging, by stroke or some accident that results in a brain injury. I have often considered how I could possibly cope with the complexity of U.S. tax compliance, to say nothing of the continued and increasing costs for help with that compliance year after year, if I had not renounced my U.S. citizenship.

    From: 7 FAM 1290 MINORS, INCOMPETENTS , PRISONERS, PLEA BARGAINS, CULTS AND OTHER SPECIAL CIRCUMSTANCES (CT:CON – 4 49; 03 – 25 – 2013 ) (Office of Origin: CA/OCS/L)

    U.S. Department of State Foreign Affairs Manual Volume 7 Consular Affairs
    7 FAM 1290

    (U)7 FAM 1293 MENTAL COMPETENCY
    (CT:CON-407; 06-29-2012)

    a. Because loss of U.S. nationality occurs only when a would-be renunciant or person signing a statement of voluntary relinquishment has the legal capacity to form the specific intent necessary to lose U.S. nationality, cases involving persons with established or possible mental incapacity require careful review. This includes mental disability, mental illness, developmental impairment, Alzheimer’s disease, and similar conditions. It may also include cases of substance abuse.

    b. A formal finding of mental incompetency by a court of competent jurisdiction, whether in the United States or abroad, precludes a finding that an individual has the requisite intent.

    c. The requisite intent may also be found lacking if there is evidence that due to mental incapacity or impairment the individual does not understand the seriousness of renunciation, including its irrevocable nature and the major consequences that flow from it.

    d. Voluntariness may also be an issue with persons who suffer from mental incapacity or impairment, as such individuals may be especially susceptible to the influence of others.

    e. Parents, guardians and trustees cannot renounce or relinquish the U.S. nationality of a citizen lacking full mental capacity: A guardian or trustee cannot renounce on behalf of the incompetent individual because renunciation of one’s citizenship is regarded, like marriage or voting, as a personal elective right that cannot be exercised by another. Should a situation arise of the evident compelling need for an incapacitated person to relinquish citizenship, you are asked to consult CA/OCS/L for guidance.

    f. Importance of reporting consular observations and relevant facts: An individual who behaves irrationally, belligerently or otherwise unusually may give you reason to question whether he or she has the mental capacity to formulate the intent required to lose U.S. nationality and/or whether he or she is subject to undue influence. You should document all the person’s actions and behavior and give your impression of his or her ability to understand the nature and consequences of renunciation. You also should observe and document the behavior of any individual who appears to be attempting to influence the individual to renounce.

    g. While you are not making a clinical diagnosis, your description of the individual’s demeanor, behavior, statements, and your assessment of the person’s mental and emotional state are very important in making a determination whether the person is capable of formulating the intent to lose U.S. nationality and/or is acting voluntarily. This assessment must be sent to the Department (CA/OCS/ACS) as part of your consular officer opinion.

    h. Accepting the renunciation or relinquishment: You may accept the renunciation or voluntary relinquishment of troubled citizens who insist on exercising their right to renounce. Acceptance does not constitute approval which, by statute (INA 358; 8 U.S.C. 1501) can only occur in the Department. If the Department concludes that the facts rebut the presumption of voluntariness, the Department may decline to approve the Certificate of Loss of Nationality. Permitting such a person to attempt to exercise his or her right to renounce may alleviate tension or conflict on the scene, while reporting the circumstances surrounding the act and the person’s demeanor will enable the Department to protect the citizenship of such an individual incapable of forming the requisite intent and voluntariness. The person seeking or claiming loss of citizenship has the burden of establishing knowing intent based on a preponderance of the evidence. Involuntariness may also be established by a preponderance of the evidence.

    From: Executive Summary: ASSESSMENT of Older Adults WITH DIMINISHED CAPACITY: A Handbook for Lawyers

    With the coming demographic avalanche of Boomers reaching their 60s and the over-80 population swelling, lawyers face a growing challenge: older clients with problems in decision-making capacity.

    While most older adults will not have impaired capacity, some will. Clear and relatively obvious dementias will impair capacity, and the prevalence of such dementias increases with age. But what about older adults with an early stage of dementia or with mild central nervous system damage? Such clients may have subtle decisional problems and questionable judgments troubling to a lawyer. This handbook offers a conceptual framework and practice tips for addressing problems of client capacity, in some cases with help from a clinician.

    Some might argue that without training in mental disorders of aging and methods of formal capacity evaluation, lawyers should not be making determinations about capacity. Yet lawyers necessarily are faced with an assessment or at least a screening of capacity in a rising number of cases involving specific legal transactions and, in some instances, guardianship. Even the belief that “something about a client has changed” or a decision to refer a client for a formal professional capacity evaluation represents a preliminary assessment of capacity.

    From: Obtaining and Terminating U.S. Citizenship and Preserving and Terminating U.S. Green Cards, Steve Trow (Trow & Rahal, P.C.) November 2012

    Difficult Cases – Children, Young Adults, Persons With Diminished Mental Capacity
    • Expatriation requires voluntary choice and understanding of consequences
    • Parents cannot expatriate child, and guardian cannot expatriate ward
    • Expatriation under age 18 is very difficult; young adults may also have problems
    • Mental incompetence bars expatriation; mental illness or impairment, Alzheimer’s, dementia or alcohol/drug abuse raise issues

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  5. London Mayor Boris Johnson was born in NY. He said on radio, he is not going to pay any Fatca related taxes. He is our hero !!!.
    May be President Obama should pay Kenya’s taxes since his father is from Kenya.

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