The brainchild of US Senators Chuck Schumer
and Bob Casey announced a new law known as the Ex-PATRIOT Act, which will no
doubt be the dumbest law ever created.
‘Ex-PATRIOT’ stands for “Expatriation
Prevention by Abolishing Tax-Related Incentives for Offshore Tenancy”. Kudos to
the senate for such a dumb acronym, and even dumber law!! The law proposes
three key provisions:
1) Individuals who are deemed, in the sole
discretion of the US
government, to have renounced US
citizenship in order to avoid US taxes, will be permanently barred from
re-entering the United
States .
2) Such individuals will also be required to
pay a 30% capital gains tax to the United States
government on ALL future investment gains derived from the US . Currently,
non-citizens who do not reside in the US
pay no US
capital gains tax.
3) These proposals are RETROACTIVE, and, if
passed, would apply to anyone who renounced his/her citizenship within the last
10-years.
First, a bit of history lesson. In 1990’s, many wealthy Americans renounced
citizenship, renounced American citizenship. President Clinton was furious, and
in 1996, he pushed Congress to pass a series of financial penalties for people
who renounce citizenship. At the time, a ‘renunciant’ had to continue filing US
tax returns for 10-years after renouncing. Effectively, though, this penalty
was a tax on worldwide income, not an exit tax on assets.
Fast forward to the 2000s, the Bush regime
passed a series of changes to expatriation rules, dropping the income tax
filing requirements in lieu of charging a one-time exit tax on assets (why wait
every year when you can kill the goose that lays the golden egg).
In the years since the exit tax on assets was
established, the number of Americans renouncing US citizenship has risen steadily
and asset bubble has burst, so assets are worth much less than just a few years
ago. As such, the government isn’t collecting as much revenue from the exit
tax.
Fast forward once again to current decade.
Americans renouncing the US
citizenship continue to go up. Eduardo
Saverin is the latest example. The Facebook co-founder’s recent renunciation of
US
citizenship has become a rallying cry for politicians to go back in time and
steal money from former citizens retroactively and establish a larger base for
future tax revenues.
This is a truly despicable thing to do
considering that these former citizens followed the appropriate rules at the
time, paid the tax, and moved on with their lives. Now Uncle Sam wants to go
back in time to unilaterally change the deal, and expect everyone to abide even
though they’re not even citizens anymore. The arrogance is overwhelming.
Obviously the idea behind the law is to
discourage Americans to renounce their citizenship.
It is surprising that of all countries America - a country that was once regarded as the freest, most
economically enviable in the world, would treat its productive citizens with
such hostility.
If America
wants to keep people at home, it should try to create an environment similar to
Norway and Sweden where people enjoy one of
the highest standards of living and are indeed happy to shell out higher taxes
for such benefits.
Warren Buffet once said that to be born in
America is nothing short of winning an ovarian lottery but looks like that
winning comes with a life long obligation to finance the corrupt misdealing of
the political class; and if you chose to abandon the obligation you will be
barred from ever entering your homeland again.
In another continent, Europe ,
we see another insane work in progress. Monsier Hollande is proposing 75% tax
on income exceeding 1million euros as part of his plan to fund France ’s budget
deficit. I guess it is inspired by the Japanese culture where salary man gives
away all of his income to his spouse, who would manage the household and give a
fixed amount every month back to the husband as pocket money. Naturally such policies
are popular among masses but would that really help a nation to overcome its fiscal
deficit problems? Would it really get the creative minds build the best companies
in that country? Will it really motivate anyone to build something
extraordinaire? Or may it will just force people to think ways of evading
taxes.
It’s truly extraordinary that the Land of the
Free has deteriorated to the point that the government must now resort to
threats, coercion, and intimidation in order to keep its most productive
citizens inside.
Like the producers in Ayn Rand’s
novel Atlas shrugged, many productive
members of the society have grown weary of being constantly bashed to pay for
political handouts and unending wars of aggression.