“Boy, I Sure Wouldn’t Want To Have To Fill Out That Form”

Thanks to Badger for posting in What’s New Part 2 of the Interview with Bill Yates, former Associate Chief Counsel (International) with IRS

The interview relates to residence-based taxation, but also deals with OVDI and FATCA.

My favorite comment from the story is this:

“I’ll tell you one thing. I’ll never forget what someone said after one of our many, endless Form 8938 drafting sessions.”

 “Boy, I sure wouldn’t want to have to fill out this form.”

That sums it all up, doesn’t it?

On FATCA, Mr. Yates says

I thought it was bad policy. We shouldn’t be pushing U.S. citizens towards expatriation.

He recognizes FATCA is hitting U.S. taxpayers living overseas with unforeseen consequences, such as having their foreign bank account(s) closed.

When asked if he thinks FATCA was a mistake, he replies:

It doesn’t matter what I think, now. FATCA is inevitable.

On OVDI, he gives an example of an Accidental American born in a US hospital to Canadian parents. He insists this was not and should not be the target of OVDI. But,

Believe me no one at the IRS Field level is going to speak up about the inconsistencies inherent in OVDI as far as “accidental citizens”

One more confirmation to stay away from OVDI!

Here is the Part 1 of the Interview with Bill Yates, which was earlier posted under What’s New.

 

 

 

Taxpayer Advocate Report Is Out

IRS 2012 Taxpayer Advocate Report is out.  It’s not flattering to IRS.

Perhaps the nicest thing Nina Olsen has to say is the most apparent:

The most serious problem facing taxpayers – and the IRS – is the complexity of the Internal Revenue Code (the “tax code”).

Mind you, she seems to be talking about taxpayers in US with that statement.  The report does not even touch on FATCA or citizenship-based taxation, which was disappointing.

The complexity of the IRS Tax Code within US is nothing compared to the complexity for those outside the US–including for those of us who don’t even consider ourselves to be “US persons.” Continue reading