Friday, February 27, 2015

U.S. FATCA: American Legal Imperialism?

 A very well-written but depressing read with words like extraterritorial, egregious, outcry, unintended consequences, predicament, imposed, etc. Although the authors’ critical voice and choice of words will appeal to those of us who are negatively affected by FATCA and CBT but the authors make a convincing case that in the long run, resistance is futile.

ILSA Journal of International & Comparative Law, Vol. 21, No. 2, 2015

Nevertheless it is important to keep
A. Reminding the US that the there is a world outside the United States;
B. Demonstrating that there are people who resent the attempts of the United States to impose its laws on the rest of the world;
C. Illuminating the immorality of (during a time when the U.S. Senate Finance Committee is considering tax reform): the U.S. practice of attempting to levy taxes on people who do NOT reside in the United States on income and property not associated with the United States. What the United States proudly calls "citizenship based taxation" is primarily an attempt to levy taxes on people based on a U.S. place of birth or because their parents had a U.S. place of birth.

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