Plaintiffs in Crawford, et al. vs. US Department of Treasury, et al. have filed a filed a Petition for En Banc Rehearing in their fight against the Foreign Account Tax Compliance Act (“FATCA”) and related provisions after the Sixth Circuit affirmed the lower district court’s ruling that none of the plaintiffs had standing, i.e., sufficient harm to bring a challenge.
For a complete analysis of the reasoning behind the filing, please read the entire document here.
James Bopp, Jr. (lead lawyer for the Plaintiffs) and Richard E. Coleson have drafted a memo to analyze the 6th Circuit Court’s decision could and to highlight where the 6th Circuit Court made mistakes in its decision.
By: Helen Burggraf | 22 Aug 2017 | International Investment
‘An anti-FATCA lobbying group led by key US Republican Party members has vowed to take its fight against the Foreign Account Tax Compliance Act to the Supreme Court, in the wake of a US Court of Appeals decision, handed down on Saturday, that affirmed a lower district-court ruling dismissing a legal attempt to derail the legislation.
In a statement on its website, the Republican Overseas Action group said it intends to continue its campaign against the law, arguing that it is causing “real harm” to overseas Americans – contrary, they say, to what the court said in its ruling.
The Court of Appeals ruling found that the plaintiffs – who included Kentucky Republican senator Rand Paul, who has been campaigning against FATCA almost since it was signed into law in 2010 by President Obama – lacked the standing to sue, and that the harms they claimed to have suffered as a result of the law were not, in fact, directly caused by it.’ ….
Read the rest of the full article here.
The 6th Circuit Court handed down its ruling on August 19, 2017 and found that the Plaintiffs were not suffering any harm as a result of FATCA, and were in no threat of prosecution for not filing FBAR and FATCA forms, and therefore, had no standing to bring the lawsuit.
Republicans Overseas will appeal this decision to the US Supreme Court.
Read the ruling here.
Read the press release here.
On April 26, 2017, the House will hear testimony as to the damage done to overseas Americans by FATCA.
For background information on FATCA, click here.
Donna Lane Nelson
Video: Donna Lane Nelson Testimony
Written: Donna Lane Nelson Testimony
Stephen John Kish
James Bopp, Jr.
In a Facebook post published on April 20, 2017, Democrats Abroad attacked Republicans Overseas’ FATCA hearings scheduled for April 26th.
However, comments on their post clearly demonstrate how far DA’s pro-FATCA position deviates from the anti-FATCA position of their constituents.
“Dear Speaker Ryan, Majority Leader McConnell, Rep. Brady, and Sen. Hatch:
As free-market and taxpayer protection organizations representing millions of Americans, we urge that repeal of the Foreign Account Tax Compliance Act (FATCA)—a plank in the 2016 Republican Party Platform—be included in any tax reform package sent to the White House.
Enacted in 2010 by a Democrat-controlled Congress and signed into law by President Obama, FATCA purports to catch rich tax cheats hiding their wealth overseas but instead has ensnared innocent Americans in an appallingly draconian scheme that true wealthy tax evaders can still easily avoid. It treats any American asset held abroad as tantamount to criminality, demanding reams of private financial data without the need for a warrant or a showing of probable cause.
Since FATCA’s introduction, Americans living overseas have lost access to their banking and investment accounts as foreign financial institutions drop clients rightly perceived as toxic. This has not only impacted the welfare of the estimated nine million Americans who live and work abroad but hampers small businesses owned and operated by Americans attempting to compete internationally.”
Read the complete letter here: 2017-FATCA_repeal_coalition_ltr
Click below to read the letter urging the Trump administration to support the repeal of FATCA and listing steps that can be taken immediately.
WASHINGTON, D.C. – Today, U.S. Senator Rand Paul (R-KY) introduced legislation to repeal the Foreign Account Tax Compliance Act (FATCA), with U.S. Representative Mark Meadows (R-NC) introducing a companion bill in the U.S. House. Sen. Roger Wicker (R-MS) joined Dr. Paul as an original cosponsor.
Enacted by Congress in 2010, FATCA mandates that foreign financial institutions regularly report private financial information on American citizens under threat of a 30% withholding tax on U.S.-source income. The law has impeded international financial transactions and investment by leading many foreign banks to simply deny services to Americans rather than navigate the burdens and costs of compliance.
“FATCA disregards the Fourth Amendment and privacy rights by requiring the bulk collection of innocent Americans’ financial records,” said Sen. Paul. “It discourages foreign investment and prevents Americans from accessing the financial system overseas. It is time to repeal this job- and privacy-killing law.”
“For all of FATCA’s aims to improve tax compliance, this law is not worth the burdens it imposes,” said Sen. Wicker. “We have seen the negative implications on foreign investment and regulatory compliance costs. We should address these repercussions and repeal FATCA.”
“Any time we deal with tax laws and the disclosure of information that’s required, it is critical to remember that the Fourth Amendment right to privacy is non-negotiable,” said Rep. Meadows. “Over time, it’s become clear that FATCA goes well beyond what is permissible under Fourth Amendment protections and places a serious burden on taxpayers. I’m proud to join my friend Senator Paul to support a repeal of FATCA and to demonstrate a serious commitment to upholding our Constitution as the law of the land.”
You can read Senator Paul’s legislation HERE.
This week, Senator Paul and Representative Meadows sent a letter to U.S. Treasury Secretary Steven Mnuchin and Office of Management and Budget Director Mick Mulvaney urging the administration to publicly support repealing FATCA and to take steps within its power to limit the law’s damaging effects.
You can read that letter HERE.