U.S. tax expert Goulder: Theory of 'strategic forbearance' could help explain EU reluctance to challenge U.S. over FATCA

In July of 2018,members of the European Parliament resoundingly approved a resolution which supported the right of Europe's estimated 300,000 "accidental Americans"  to be allowed to cast off their American citizenship (and thus their taxation by the U.S.) more easily and cheaply than is currently possible under U.S. law. (The vote was 470 to 43, with 26 abstentions.) 

Ass'n of Accidental Americans: Lithuanian authorities agree on apparent need to revisit FATCA

A top official at Lithuania's State Data Protection Inspectorate (SDPI) has told the founder of the main European advocacy organization representing "accidental Americans" that his department shares the Association of Accidental Americans' belief that a recent EU Court of Justice (CJEU) decision had "indeed made a change" in the way personal data transfers to third countries should be carried out.

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Mishcon latest: Files GDPR complaint with Luxembourg data protection agency

Mishcon de Reya, the London-based law firm that has been a hard-to-miss presence in European data protection matters over the past year, on Tuesday said it had filed "a lengthy GDPR complaint in two languages (English and French) with the Luxembourg National Data Protection Commission," as it sought to "bring together the concerns raised by the European data protection community and relevant European judgements."

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‘Policy concerns’ feared to weigh in pending UK FATCA challenge ruling

Last Wednesday, the UK’s Information Commissioner’s Office (ICO) announced that it expects imminently to issue its decision in a closely-watched challenge over data protection violations that a U.S.-born, UK-resident complainant alleges have resulted from the way HMRC has forwarded her personal information to the U.S., in compliance with that country’s FATCA legislation.

The FATCA/AEOI Papers: Mishcon publishes research trove, unearthed as part of crowd-funded UK FATCA case

Correspondence and other documents having to do with the way the U.S. tax evasion-prevention law known as FATCA was agreed upon, and is now enforced by EU governments – along with similar materials having to do with the OECD’s more recent automatic exchange of information (AEOI) regime known as the Common Reporting Standard – have been published by a campaigning lawyer with London’s Mishcon de Reya law firm.

Supreme Court ruling on data transfer from UK to U.S. seen to boost UK FATCA legal challenge

A ruling last week by the UK's Supreme Court, in favor of a plaintiff who claimed that data protection laws had been broken in the transfer of her son's personal data to U.S. authorities, is being seen as potentially precedent-setting, as it is said to be the first such case involving questions about the legal transfer of personal data from Britain to the United States since the introduction of the GDPR across Europe in 2018.

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Opinion

Ross McGill: ‘FATCA isn’t the problem: CBT is’ 

Ross McGill: ‘FATCA isn’t the problem: CBT is’ 

In the early years of this century, a number of major media exposés reported how Homeland Americans, as well as rich people from other developed and developing countries, were making...

Mar-18-2023