March 27, 2010
Disturbing new U.S. law aims to end individual foreign bank accountsThanks to my good friend Paul McBride for bringing this latest attack against freedom to my attention. I had posted some time earlier this year about this potential legislation, but was not aware
it is now the law of the land. Here is his email from Paul and a copy of the new law in PDF at the end.
The law is aimed at foreign bank account holders and those sending money outside the U.S.. This could affect peoples ability to buy homes outside the country. It will certainly affect their ability to have an account offshore. What banks wants to deal with this?In answer to his question on what I think about this? It sucks!
Sam, in all the controversy surrounding the recently passed health care bill in the U.S., another piece of legislation was pushed through Congress (and signed by the President) that will have a far reaching impact on anyone thinking about buying real estate or investing overseas. The name of the bill is the Hiring Incentives to Restore Employment Act (H.R. 2487) commonly known as the HIRE Act. This is the jobs incentive bill that was signed by the President on March 18th amid little fanfare.
Relatively small by Washington standards (“just†an $18 billion stimulus package) the bill was drafted to provide incentives to employers to hire more people but contains some very disturbing language concerning the ownership and transference of money to any overseas account.
The truly galling part of the bill is that it attempts to require “foreign financial and non-financial institutions to withhold 30% of payments made to such institutions by U.S. individuals unless such institutions agree to disclose the identity of such individuals and report on the bank transactionsâ€. Think about this – the U.S. government is attempting to strong arm foreign financial and non-financial institutions (think banks and law firms) to either withhold 30% of the transactions in a U.S. individual’s account (and presumably remit this to the U.S. Treasury) or disclose the account details to the U.S.. The language of the bill addresses both bank accounts and any foreign trusts (ie- Private Interest Foundations).
But what if a foreign, sovereign country has laws against the disclosure of this information? Well, the bill contemplates this as well. Here’s the actual language from the bill:
‘‘(F) in any case in which any foreign law would (but
for a waiver described in clause (i)) prevent the reporting
of any information referred to in this subsection or subsection
(c) with respect to any United States account maintained
by such institution—
‘‘(i) to attempt to obtain a valid and effective
waiver of such law from each holder of such account,
and
‘‘(ii) if a waiver described in clause (i) is not
obtained from each such holder within a reasonable
period of time, to close such account.†(my emphasis)
In other words, under this legislation, a U.S. citizen having an account with a foreign institution will be required to waive the privacy protection afforded by local law. If they fail to do this, the financial or non-financial institution is required to close the account.
And what information do they want. Here again is the actual language of the bill:
‘‘(c) INFORMATION REQUIRED TO BE REPORTED ON UNITED
STATES ACCOUNTS.—
‘‘(1) IN GENERAL.—The agreement described in subsection
(b) shall require the foreign financial institution to report the
following with respect to each United States account maintained
by such institution:
‘‘(A) The name, address, and TIN of each account holder
which is a specified United States person and, in the case
of any account holder which is a United States owned
foreign entity, the name, address, and TIN of each substantial
United States owner of such entity.
‘‘(B) The account number.
‘‘(C) The account balance or value (determined at such
time and in such manner as the Secretary may provide).
‘‘(D) Except to the extent provided by the Secretary,
the gross receipts and gross withdrawals or payments from
the account (determined for such period and in such
manner as the Secretary may provide).
Keep in mind Sam, this is not proposed legislation. This is already law.
There is much, much more in this bill. I’ve attached a PDF file containing the language of the bill. The important information can be seen if you scroll down to section on page 27 of the bill entitled:
TITLE V—OFFSET PROVISIONS
Subtitle A—Foreign Account Tax
Compliance
PART I—INCREASED DISCLOSURE OF
BENEFICIAL OWNERS
SEC. 501. REPORTING ON CERTAIN FOREIGN ACCOUNTS.
As we have suspected for some time, the U.S. government is closing the window for U.S. citizens to protect their assets by moving them offshore. It won’t be long before it will be punitively expensive to move any amount of money overseas for any purpose.
I haven’t seen this legislation discussed anywhere on the Internet and I think it would be a good story for the blog. Sadly, America is losing its freedoms and its citizens are standing meekly by while the noose of government control gets tighter and tighter.
Download HIRE Act of 3-18-10
Comments
Mike said...
What A coincidence Obama passes capital constraints and then SEIU comes out and says that the U.S. pension plan system is flawed and that all private pensions need to nationalized.the legislation is currently being drafted by the Economic policy institute. It won't be long until most private wealth will be nationalized or confiscated via taxes or inflation. I am personally "Unbanked". I recommend others do the same. Place some of your wealth in gold which is portable. Not having a bank account in Panama or elsewhere is not essential. Being able to move your wealth is. A private well hidden safe is a must. It should be "Rigged" so that if someone discovers its location they won't be sharing that info with anyone. There are dark days ahead for America and the ignorance, complacency and apathy of the American people will come back to haunt them. This administration is taking liberties at an astonishing rate. When they let the system collapse they will already have a socialist, facist framework in place ready to go. Here is the link about the coming IRA , 401K confiscations. Anyone who thiks it can't happen needs to remeber the recent healthcare bill or Roosevelts confiscation of private gold.
http://moneynews.com/StreetTalk/unions- ... /id/328862Reply March 27, 2010 at 06:48 PM George Richards said in reply to Mike...
Sam, I hope you're reading this because you are the one who controls these postings at the source in VE. It's possible that, of all the important issues you've brought to light on this blog, that this issue is the most important one ever. It is essential that it be analyzed in a careful and deliberate manner.
If the initial interpretations are correct, and this bill was slipped through during the distraction of "health care reform", and is in fact the capital constraint legislation that seasoned economic experts have been predicting and dreading since the downturn began, then this thread has to be filtered voluntarily by all the users to avoid backing things up with a lot of speculation, unadvised opinion and thanks to Sam for bringing it to our attention. Sam knows how much we appreciate him. A new law, as written, always has room for interpretation and enforcement. Let's let the qualified attorneys and tax experts that attend this forum study this bill and comfirm or deny what has already been speculated about regarding future capital movement over the US border. I swear by the almighty forces that control the universe, that if I have a window of opportunity to extract my net worth from my home country before this law goes into effect, I'm going to spend every waking hour finding the safest way and place to do it and then exit.
I hate this "every man for himself" attitude that events have forced upon us but we have our families to protect. Remember that it's going to be impossible for anyone to predict the future and all the aspects of life that could be affected by this biil. For people like us who are not living with our heads in the sand, it will be of the utmost importance moving forward.
Reply March 29, 2010 at 10:30 AM Just Do It said...
Anyone who has made it to this website, or many other similar really needs to follow-thru and leave the USA.
I think this is the strongest possible statement, resistance or 'vote' one can make.
As well as doing your part to tell everyone about it and what the USA has become when asked.
Reply March 27, 2010 at 07:04 PM Mike said...
I am sharing this recent development with everyone I know. People need to get liquid, take the tax hit and get your 401k and IRA'S OUT NOW!!! The new capital constraints will only get worse and will impact Panama's struggling real estate market. Neither Developers or investors had any Idea 5 years ago that this new Obama dynamic would come into play. History is full of recent examples of people who were in denial Stalin's Russia, Hitler's Germany, Mao's china, Mussolini's Italy and others. People waited until it was to late and millions perished.
Reply March 27, 2010 at 07:45 PM Frank H said...
If you are a US citizen, be afraid, be very, very afraid. This is major step toward impeding dollars from leaving the US. Although, not labeled a currency restriction, it is. Given our level of unmanageable debt, Feds will need to deal with capital flight over time as it becomes more challenging for Treasury to manage the debt load. Its yet another major encroachment upon our freedoms.
The major banks I've contacted here in Panama say they are studying the ramifications of the legislation but, expect it will have significant consequence for US citizen's deposits and the desirability of continuing a business relationship with them. The added accounting required of them is well beyond what ANY OTHER GOVERNMENT dewmands now, or has ever demanded. This is much more than Treasury demands from US banks for their US domiciled clients. All they require for a US account is a 1099 once a year.
If anyone has anything factual about Panama's banks intentions, I'd appreciate a heads up.
Reply March 27, 2010 at 09:05 PM Keith said...
My attorneys here in Panama mentioned last week that two of the banks that they typically deal with will no longer be opening personal accounts for US citizens.
Reply March 27, 2010 at 09:24 PM Mike said...
Sam I took the liberty of sharing this info with a well read blogspot. I hope you don't mind.
http://thecomingdepression.blogspot.com/Reply March 27, 2010 at 10:45 PM azalea said...
This seems to be an attack on Panamanian banking privacy. How can they impose this on a sovereign nation? And no, it is not like Switzerland since Panamanian banks don't hold tax evasion seminars in the US. The US govt knows that there are thousands of retirees abroad that need a foreign bank account in order to survive.
Reply March 27, 2010 at 11:26 PM Boomers Abroad said...
Thank You very much for this interesting article Sam. It is important to be aware and know about this.
We will let know to the members of Boomers Abroad Online Community and Social Network about this and will post a link to your article.
Connecting Baby Boomers Worldwide! Share your experiences abroad with us at
http://www.boomersabroad.com http://primapanama.blogs.com/_panama_re ... ounts.html