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Banking

“If neither foreign nor American banks will take American customers, how will the millions of citizens living abroad bank?” -Representatives Carolyn B. Maloney and Joe Wilson, co-chairs of the Americans Abroad Caucus

bankingDuring Overseas Americans Week 2009, meetings were held with the American Bankers Association (ABA) and with FinCen in the Treasury Department (Financial Crimes Enforcement Network, which develops regulations on banking operations). We discussed the fact that our organizations have received multiple complaints from Americans overseas that U.S. banks either forcibly closed their account on short notice or have refused to open a bank account because of their foreign address, most often citing the Patriot Act as the reason.

Both the ABA and FinCen confirm that there is no provision either in the Patriot Act or in the FinCen regulations that prohibit banks from opening and maintaining accounts for American citizens with a foreign address. The ABA also made a telephone survey with top officials in large American banks to find out if there existed anywhere an official internal bank policy to refuse overseas Americans as clients. The answer was no. It was specifically stated that if one has a U.S. bank account and moves overseas, there should be no problem in maintaining that account. Yet the problem exists.

icon Steps to follow if a U.S. bank refuses to open or to maintain an account because of an American client's foreign address. (You must be logged in to view PDF.)

For a more detailed analysis of the issue, please consult AARO's Position Paper on Banking.


European Parliament Committee Hearing on FATCA

The fight against tax evasion - FATCA as a step towards international automatic exchange of information?

Summary prepared jointly by Ellen Lebelle and Victoria Férauge

We attended this public hearing on May 28th at the European Parliament in Brussels. Before the meeting started, we were fortunate to have an opportunity to speak with Sophie in't Veld, the MEP from The Netherlands. She had read the letter that AARO's president and FAWCO's U.S. Liaison Lucy Laederich had sent to her ('t Veld letter) and we were able to discuss those and other points with her. To be clear, she is a supporter of the fight against tax evasion, but insists that initiatives to combat it must be debated in a public, transparent, democratic way.

Read more: European Parliament Committee Hearing on FATCA


 

It's FBAR time again!

Do remember that all Americans and greencard holders (in the United States or abroad) are required to file a Foreign Bank Account Report every year IF the AGGREGATE value of ALL their bank accounts abroad exceeds $10,000 (around 7,000 euros) on ANY ONE DAY in the preceding year. If you think about it, that means the vast majority of us.

Fortunately the Treasury Department has thought about it, too, and made it easier to file than it used to be. The form can now be filled out on line using Adobe Reader and saved (do not use last year's form, however! You can copy from last year's and paste into this year's, but you must use the current form). Also, for those wishing to use express/courier mail for speed or security reasons, there is now a "real" street address to which the form can be mailed.

The penalties for not filing are very high and we all know that banks are talking to each other more and more, so it's just not worth ignoring this obligation (which has nothing to do with income taxes - the form is not filed with your tax form or sent to the IRS).

Your FBAR must be received (not sent) by June 30, 2013, so you might as well get it done now! The form can be downloaded at: http://www.irs.gov/pub/irs-pdf/f90221.pdf


   

Contact Congress about Overseas American Banking Issues!

During Overseas Americans Week 2010 (OAW), the co-chairs of the Americans Abroad Caucus, Carolyn Maloney (D-NY) and Joe Wilson (R-SC) formally requested that the House Financial Services Committee hold hearings on the difficulties overseas Americans encounter with opening and maintaining bank accounts in the US and overseas.

Now we need your help to ask the leaders of that committee to listen. Just go to http://financialservices.house.gov/contact.html and complete the form to send your message to the committee.

We suggest that you insert into the "city" and "state" fields either the city and state where you vote or the city and country where you live overseas.

For your background, click here to read the letter sent by Representatives Maloney and Wilson. Feel free to use the following brief model to prepare your message. If you have any questions, do not hesitate to contact Andy Coyne.

Model Letter:

Dear Chairman Frank and Ranking Member Bachus,

As a member of the Association of Americans Resident Overseas, I urge you to take note of the letter sent to you on April 21 by Representatives Carolyn Maloney and Joe Wilson, the co-chairs of the Americans Abroad Caucus, and promptly hold hearings on the difficulties encountered by overseas Americans in opening and maintaining bank accounts in the United States and abroad. We are counting on the Committee on Financial Services to investigate these issues and ensure that overseas Americans have access to necessary financial services under reasonable conditions.

Regards,

[Your name and location; for example, Andy Coyne, Riyadh, Saudi Arabia]


   

FYI - Banking

  • How New US Banking Laws Threaten Overseas Americans A recent article in the Wall Street Journal headlined "Toxic Citizens?" examined the potential dangers of recent US legislation for overseas Americans who want to open or even maintain bank and financial...
  • Banks blasted for fee smokescreens June 02, 2010 – Banking charges in France are becoming more complicated and more expensive, an investigation by a consumer group has revealed. Read more: http://www.connexionfrance.com/banking-charges-fees-france-complicated-expensive-consumer-group-investigation-11727-view-article.html...

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