EU Court of Justice 'Schrems II' ruling seen as potential game-changer for FATCA challenges in Europe

Lawyers and campaigners against the American tax evasion law known as FATCA say that last week's European Court of Justice (ECJ) ruling, which struck down the main mechanism used by the EU to protect the personal data of EU citizens when it's transferred to the U.S., represents a potential "game changer" – and could force Europe's courts to revisit the way FATCA compels Europe's banks and financial institutions to pass information on their U.S. citizen and Green Card-holding account-holders to the U.S. 

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Judicial appeal 'considered' against ICO's FATCA decision, on grounds of insufficiently-examined evidence

The U.S. born, UK-resident woman whose crowd-funded complaint over data protection violations she alleged had resulted from the way HMRC had forwarded her personal information to the U.S. was recently not upheld by the UK's Information Commissioner's Office (ICO), is actively considering lodging a judicial review – but says that her legal advisers have told her she'll need to secure "£75,000 within the next 10 days" if she is to do so.

‘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.

Lawsuit in UK to challenge legality of British gov't's data-sharing under FATCA

An American who came to the UK 19 years ago, and who was stunned to receive a letter from her bank in 2016 informing her of her U.S. tax obligations and that her account data would be shared with the Internal Revenue Service – as required by the U.S. Foreign Account Tax Compliance Act – has retained London's Mishcon de Reya law firm to legally challenge what she claims is the mis-use of her personal data and a violation of her privacy. 

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Opinion

Bright!Tax comment: The candidates' tax plans, and their likely implications for expats

Bright!Tax comment: The candidates' tax plans, and their likely implications for expats

Nov. 3, the date of the 2020 U.S. presidential election, is two weeks and one day away. Many expats will have voted by now, but for those who haven't –...

Oct-19-2020