FATCA UPDATE: Summary of the Door Knock

1. FATCA UPDATE
Summary of the Door Knock
February 2015 FATCA Door KnockApril 1, 2015

2. Contents of this Update
About the Door Knock
Key Take-Aways and Action Items
The Task Force
This update is a summary of materials provided by Democrats Abroad and is readily available on
the website at Report on the February 2015 FATCA Door Knock and from documents including
Democrats Abroad FATCA Position Paper, and FATCA Door Knock Discussion Points

3. About the Door Knock
The Delegation
The Agenda
Key Take-Aways and Action Items
The Task Force
Contents of this Update

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About the Door Knock
Beginning February 23, 2015, a delegation
conducted meetings in Washington D.C. to
discuss FATCA and the adverse impact of
FATCA implementation on Americans
abroad.

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The Delegation
Members of these organizations that represent Americans
living outside the U.S.A.
 Democrats Abroad (DemsAbroad)
 American Citizens Abroad (ACA)
 Association of Americans Resident Overseas (AARO)
 Federation of American Women’s Clubs Overseas
(FAWCO) and FAWCO Alumni USA (FAUSA)

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The Agenda
35 Meetings over 5 days discussing
 Adverse impact of FATCA on Americans abroad
 FATCA reform to create Safe Harbor
For more information
• Democrats Abroad FATCA Position Paper
• FATCA Door Knock Discussion Points

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The Agenda
Adverse impact of FATCA on Americans abroad  1 of 2
1. 2014 research suggests 1 in 6 Americans abroad has been
affected by FATCA with the closure of a financial account in a
foreign bank or brokerage house
2. Those who reported account closures are largely middle class,
married, having moved overseas to be with a partner, for a job, or
to retire
3. 19.6% of Americans abroad are self-employed: if they are unable to
open or maintain accounts then they simply cannot do business
Compiled from the FATCA Door Knock Discussion Points

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The Agenda
Adverse impact of FATCA on Americans abroad  2 of 2
4. 5.6% of survey respondents state they were denied a position (job
or a business partnership) because of FATCA
5. 21% of respondents with domestic partners reported they either no
longer have joint accounts or are thinking of moving to separate
accounts. 2.4% of respondents reported changes in their
relationships – either divorce or separation
6. …high number of responses indicate that FATCA is causing some
Americans abroad to question their U.S citizenship ...
Compiled from the FATCA Door Knock Discussion Points

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The Agenda
FATCA reform to create Safe Harbor  1 of 2
 FATCA Safe Harbor is Win-Win for Americans living abroad, the
IRS and Treasury
 Safe Harbor has the potential to eliminate unintended
consequences of FATCA for as many as 85-90% of Americans
abroad
 Since Americans abroad will need to become tax compliant in order
to claim Safe Harbor, its implementation will alleviate the IRS’s
concern that at least 80% of Americans living abroad do not file U.S.
tax returns
Compiled from the Democrats Abroad FATCA Position Paper

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The Agenda
FATCA reform to create Safe Harbor  2 of 2
 Implementation of the Americans Abroad Safe Harbor would cut IRS
ACA and FATCA-related paperwork by 85, easing the work-load for
the already overwhelmed and budget-strapped IRS
 If the Safe Harbor were implemented, it would be far
easier to find the real targets of FATCA: the tax dodgers
and money launderers, who would not use banks in their
countries of residence to carry out their criminal acts
Compiled from the Democrats Abroad FATCA Position Paper

11. About the Door Knock
Key Take-Aways
Action Items
We Need Your Help
What’s Being Done
The Task Force
Contents of this Update

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Address Treasury
 Treasury has the authority to implement FATCA Safe
Harbor without the need of a legislative amendment to
the act
‟ take-away offered by Deputy Assistant Secretary of the
Treasury – International Affairs Robert Stack
Key Take-Aways

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Address Treasury
1. Convince Treasury Safe Harbor is an effective Policy
Adjustment
2. Provide evidence financial closures/refusal of new
accounts are a result of FATCA legislation
3. Demonstrate Safe Harbor will result in resumed service
by foreign financial institutions to American clientele.
Action Items

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We Need Your Help
Evidence account refusals linked to FATCA
 Send redacted copies of bank communications (e.g.
letters, emails, policy statements) that document a link
between the bank’s rejection of U.S. customers and their
obligation to comply with FATCA.

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We Need Your Help
Evidence account refusals linked to FATCA
 Send redacted documents to FATCA@democratsabroad.org
(If you already sent documents before the July 2014 FATCA
implementation date, please consider sending documents that followed this
date)
 Spread the word about our need for this information

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What’s Being Done
Demonstrate Safe Harbor will see resumed
service
 We are engaging in discussions with banks to test Safe
Harbor
 The Task Force is preparing a guide for Democrats Abroad
Country Chapter Committee Leaders to use when meeting with
local banking associations
 We hope these associations will provide feedback about FATCA
Safe Harbor

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and Congress…
So far 8 members agree to champion FATCA
reform
 They want to hear accounts from the voters of their
states
 They will review data gathered by DemsAbroad with
ACA, AARO, and FAWCO/FAUSA
 Much like Treasury, Congress needs assurances that Safe Harbor
will end the foreign banking “lock out” of American customers

18. About the Door Knock
Key Take-Aways
The Task Force
Offices Approached
DemsAbroad FBAR/FATCA Task Force
Contents of this Update

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Offices Approached
 Orrin Hatch (R-UT)
 Ron Wyden (D-OR)
 Charles Schumer (D-NY)
 Mark Warner (D-V)
 Ben Cardin (D-MD)
 Bob Menendez (D-N
 Tom Carper (D-DE)
 Michael Bennet (D-CO)
 Debbie Stebenow (D-WA)
 Office of SFC Minority Staff
 Sandy Levin (D-MI)
 Richard Neal (D-MA)
 Sam Johnson (R-TX)
 Kevin Brady (R-TX)
 Office of HW&MC Minority Staff
Senate Finance Committee
(SFC)
House Ways & Means
(HW&MC)
U.S. Treasury
National Taxpayer Advocate
White House Council of
Economic Advisers

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Offices Approached
 Minority Leader Harry Reid (D-NV)
 Majority Leader Mitch McConnell(R-KY)
 Rand Paul (R-KY) anti-FATCA legislation sponsor
 Mike Lee (R-UT) anti-FATCA lawsuit advocate
 Sheldon Whitehouse (D-RI) FATCA legislation
sponsor
 Barbara Mikulski (D-MD)
 Kirsten Gillibrand (D-NY)
 Jeff Merkley (D-OR)
 Al Franken (D-MN)
 Jon Tester (D-MT)
 Minority Leader Nancy Pelosi (D-CA)
 Carolyn Maloney (D-NY) Americans Abroad Caucus Co-
Chair
 Chelli Pingree (D-MA)
 Dina Titus (D-NV)
 Mike Honda (D-CA)
 Scott Tipton (R-CO)
Senators Representatives

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Democrats Abroad Task Force
FBAR/FATCA Task Force
 Jim Black (U.S., formerly DA Germany)
 DeeDee Gierow (Sweden)
 Joe Green, co-chair (Canada)
 Stanley Grossman (UK)
 Maureen Harwood (Canada)
 Carmelan Polce, co-chair (Singapore)
 Joe Smallhoover (France)
 Katie Solon, International chair (Germany)

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Door Knock Leave Behind Pack
 1 pager on FATCA research findings
 About Americans living outside the U.S.
 2 page summary of FATCA
 DA Position on FATCA, February 2015
 FATCA Frequently asked questions, February 2015
 Formal report on 2014 FATCA research
These materials were presented in hard copy and electronic form to all met
during the February 2015 FATCA Door Knock

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FATCA Update
Thank you to the members of the Task Force, the
Delegation, and all the members who contribute to the
effort
This update is a summary of materials provided by Democrats Abroad and is readily available on
the website at Report on the February 2015 FATCA Door Knock and from documents including
Democrats Abroad FATCA Position Paper, and FATCA Door Knock Discussion Points