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Bailout Bill Would Require Banks to Track and Report Personal Checking Accounts to Feds
biggovernment.com ^ | April 29,2010 | Capitol Confidential

Posted on 04/29/2010 5:32:56 PM PDT by Ernest_at_the_Beach

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To: Ernest_at_the_Beach

If I didn’t laugh, I’d be crying all the time. November can’t come soon enough.


41 posted on 04/29/2010 7:31:26 PM PDT by Mad_Tom_Rackham (It is the duty of the patriot to protect his country from its government -- Thomas Paine)
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To: Ernest_at_the_Beach

Pssst. Democrats are the enemies of freedom.

Pass it on. Six months until the election.


42 posted on 04/29/2010 7:42:57 PM PDT by exit82 (Democrats are the enemy of freedom. Sarah Palin is our Esther.)
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To: Ernest_at_the_Beach

Privacy? What’s that? All of this is possible thanks to the ground-breaking work in the name of the War on Drugs.


43 posted on 04/29/2010 7:43:24 PM PDT by zeugma (Waco taught me everything I needed to know about the character of the U.S. Government.)
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To: Ernest_at_the_Beach

Don’t know but this could be a backdoor tax “revenue” scheme to allow IRS access to bank records and see who to audit.


44 posted on 04/29/2010 7:43:46 PM PDT by plain talk
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To: Candor7
If you do not have an off shore account, the doors are beginning to close on getting one.

So is Obama going to give us financial export controls, just like they had in apartheid South Africa? Obama and Vorweord, two peas in a pod.


45 posted on 04/29/2010 8:07:06 PM PDT by magooey (then - NO JUSTICE! NO PEACE!, now - NO DATA! NO WARMING!)
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To: Ernest_at_the_Beach
and America takes another one in the........
rlmorel

46 posted on 04/29/2010 8:11:18 PM PDT by Chode (American Hedonist *DTOM* -ww- NO Pity for the LAZY)
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To: Ernest_at_the_Beach

Every day it is a new horror!


47 posted on 04/29/2010 8:11:48 PM PDT by left that other site (Your Mi'KMaq Paddy Whacky Bass Playing Biker Buddy)
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To: Ernest_at_the_Beach

Every day it is a new horror!


48 posted on 04/29/2010 8:12:31 PM PDT by left that other site (Your Mi'KMaq Paddy Whacky Bass Playing Biker Buddy)
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To: Hattie
So how are they going to track what I have in my mattress?

Phase out the old currency, and give you a time limit to trade it in for the new. Currency exchange records would be kept, and compared to tax records, etc.

49 posted on 04/29/2010 8:28:35 PM PDT by PAR35
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To: magooey

So is Obama going to give us financial export controls, just like they had in apartheid South Africa? Obama and Vorweord, two peas in a pod.>>>>>>>>>>>>>>>>

Well thats the way they are going. The latest controls were set out in the “jobs bill.” and passed in the dark of night.

See this :

*************************

It’s Official - America Now Enforces Capital Controls - By Tyler Durden, Zero Hedge (30/3/10)
By Tyler Durden, Zero Hedge
Tuesday, 30 March 2010 01:48
digg
It couldn’t have happened to a nicer country. On March 18, with very little pomp and circumstance, president Obama passed the most recent stimulus act, the $17.5 billion Hiring Incentives to Restore Employment Act (H.R. 2487), brilliantly goalseeked by the administration’s millionaire cronies to abbreviate as HIRE. As it was merely the latest in an endless stream of acts destined to expand the government payroll to infinity, nobody cared about it, or actually read it. Because if anyone had read it, the act would have been known as the Capital Controls Act, as one of the lesser, but infinitely more important provisions on page 27, known as Offset Provisions - Subtitle A—Foreign Account Tax Compliance, institutes just that. In brief, the Provision requires that foreign banks not only withhold 30% of all outgoing capital flows (likely remitting the collection promptly back to the US Treasury) but also disclose the full details of non-exempt account-holders to the US and the IRS. And should this provision be deemed illegal by a given foreign nation’s domestic laws (think Switzerland), well the foreign financial institution is required to close the account. It’s the law. If you thought you could move your capital to the non-sequestration safety of non-US financial institutions, sorry you lose - the law now says so. Capital Controls are now here and are now fully enforced by the law.

Let’s parse through the just passed law, which has been mentioned by exactly zero mainstream media outlets.

Here is the default new state of capital outflows:

(a) IN GENERAL.—The Internal Revenue Code of 1986 is amended by inserting after chapter 3 the following new chapter:

(b)
‘‘CHAPTER 4—TAXES TO ENFORCE REPORTING ON CERTAIN FOREIGN ACCOUNTS

‘‘Sec. 1471. Withholdable payments to foreign financial institutions.
‘‘Sec. 1472. Withholdable payments to other foreign entities.
‘‘Sec. 1473. Definitions.
‘‘Sec. 1474. Special rules.

‘‘SEC. 1471. WITHHOLDABLE PAYMENTS TO FOREIGN FINANCIAL INSTITUTIONS.

‘‘(a) IN GENERAL.—In the case of any withholdable payment to a foreign financial institution which does not meet the requirements of subsection

“(b), the withholding agent with respect to such payment shall deduct and withhold from such payment a tax equal to 30 percent of the amount of such payment.

Clarifying who this law applies to:

‘‘(C) in the case of any United States account maintained by such institution, to report on an annual basis the information described in subsection (c) with respect to such account,

‘‘(D) to deduct and withhold a tax equal to 30 percent of—

‘‘(i) any passthru payment which is made by such institution to a recalcitrant account holder or another foreign financial institution which does not meet the requirements of this subsection, and

‘‘(ii) in the case of any passthru payment which is made by such institution to a foreign financial institution which has in effect an election under paragraph (3) with respect to such payment, so much of such payment as is allocable to accounts held by recalcitrant account holders or foreign financial institutions which do not meet the requirements of this subsection.

What happens if this brand new law impinges and/or is in blatant contradiction with existing foreign laws?

‘‘(F) in any case in which any foreign law would (but for a waiver described in clause (i)) prevent the reporting of any information referred to in this subsection or subsection (c) with respect to any United States account maintained by such institution—

‘‘(i) to attempt to obtain a valid and effective waiver of such law from each holder of such account, and

‘‘(ii) if a waiver described in clause (i) is not obtained from each such holder within a reasonable period of time, to close such account.

Not only are capital flows now to be overseen and controlled by the government and the IRS, but holders of foreign accounts can kiss any semblance of privacy goodbye:

‘‘(c) INFORMATION REQUIRED TO BE REPORTED ON UNITED STATES ACCOUNTS.—

‘‘(1) IN GENERAL.—The agreement described in subsection (b) shall require the foreign financial institution to report the following with respect to each United States account maintained by such institution:

‘‘(A) The name, address, and TIN of each account holder which is a specified United States person and, in the case of any account holder which is a United States owned foreign entity, the name, address, and TIN of each substantial United States owner of such entity.

‘‘(B) The account number.

‘‘(C) The account balance or value (determined at such time and in such manner as the Secretary may provide).

‘‘(D) Except to the extent provided by the Secretary, the gross receipts and gross withdrawals or payments from the account (determined for such period and in such manner as the Secretary may provide).

The only exemption to the rule? If you hold the meager sum of $50,000 or less in foreign accounts.

‘‘(B) EXCEPTION FOR CERTAIN ACCOUNTS HELD BY INDIVIDUALS.—Unless the foreign financial institution elects to not have this subparagraph apply, such term shall not include any depository account maintained by such financial institution if—

‘‘(i) each holder of such account is a natural person,and

‘‘(ii) with respect to each holder of such account, the aggregate value of all depository accounts held (in whole or in part) by such holder and maintained by the same financial institution which maintains such account does not exceed $50,000.

And, while we are on the topic of definitions, here is how “financial account” is defined by the US:

‘‘(2) FINANCIAL ACCOUNT.—Except as otherwise provided by the Secretary, the term ‘financial account’ means, with respect to any financial institution—

‘‘(A) any depository account maintained by such financial institution,
‘‘(B) any custodial account maintained by such financial institution, and
‘‘(C) any equity or debt interest in such financial institution (other than interests which are regularly traded on an established securities market).

Any equity or debt interest which constitutes a financial account under subparagraph (C) with respect to any financial institution shall be treated for purposes of this section as maintained by such financial institution.

In case you find you do not like to be subject to capital controls, you are now deemed a “Recalcitrant Account Holder.”

‘‘(6) RECALCITRANT ACCOUNT HOLDER.—The term ‘recalcitrant account holder’ means any account holder which—

‘‘(A) fails to comply with reasonable requests for the information referred to in subsection (b)(1)(A) or (c)(1)(A),

or

‘‘(B) fails to provide a waiver described in subsection (b)(1)(F) upon request.

But guess what - if you are a foreign Central Bank, or if the Secretary determined that you are “a low risk for tax evasion” (unlike the Secretary himself) you still can do whatever the hell you want:

‘‘(f) EXCEPTION FOR CERTAIN PAYMENTS.—Subsection (a) shall not apply to any payment to the extent that the beneficial owner of such payment is—

‘‘(1) any foreign government, any political subdivision of a foreign government, or any wholly owned agency or instrumentality of any one or more of the foregoing,

‘‘(2) any international organization or any wholly owned agency or instrumentality thereof,

‘‘(3) any foreign central bank of issue, or

‘‘(4) any other class of persons identified by the Secretary for purposes of this subsection as posing a low risk of tax evasion.

One thing we are confused about is whether this law is a preamble, or already incorporates, the flow of non-cash assets, such as commodities, and, thus, gold. If an account transfers, via physical or paper delivery, gold from a domestic account to a foreign one, we are not sure if the language deems this a 30% taxable transaction, although preliminary discussions with lawyers indicates this is likely the case.

And so the noose on capital mobility tightens, as very soon the only option US citizens have when it comes to investing their money, will be in government mandated retirement annuities, which will likely be the next step in the capital control escalation, which will culminate with every single free dollar required to be reinvested into the US, likely in the form of purchasing US Treasury emissions such as Treasuries, TIPS and other worthless pieces of paper.

Congratulations bankrupt America - you are now one step closer to a thoroughly non-free market.

*****************************

http://www.futurefastforward.com/component/content/article/3482


50 posted on 04/29/2010 8:33:43 PM PDT by Candor7 (Now's the time to ante up against the Obama Fascist Junta ( member NRA))
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To: Hattie
All funds to be electronically exchanged and cash will be obsolete or even illegal. Government control of every aspect of daily life is the goal.
51 posted on 04/29/2010 8:35:35 PM PDT by reader25
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To: PAR35

Silver and gold.


52 posted on 04/29/2010 8:50:48 PM PDT by WVNan (I hate the liberal news corpse..)
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To: patriciaruth

Sovereign Society:

http://sovereignsociety.com/investment-services/the-sovereign-individual/


53 posted on 04/29/2010 9:02:32 PM PDT by Candor7 (Now's the time to ante up against the Obama Fascist Junta ( member NRA))
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To: Ernest_at_the_Beach

Geocoded? Why?

Sec 1071

(2) GEO-CODED ADDRESSES OF DEPOSITORS.—
19 Customer addresses shall be geo-coded for the collec
tion of data regarding the census tracts of the res
dences or business locations of customers.


54 posted on 04/29/2010 9:05:22 PM PDT by Selene
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To: Candor7

SAY WHAT?


55 posted on 04/29/2010 9:07:35 PM PDT by MadMax, the Grinning Reaper
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To: J Edgar
Dodd tarred and feathered? How about tried, convicted and imprisoned..unless he loses his head if the masses get a hold of him.
56 posted on 04/29/2010 9:40:28 PM PDT by itssme
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To: MadMax, the Grinning Reaper

The new Chapter 4 of the Internal Revenue Code comes into effect in 18 months.


57 posted on 04/29/2010 9:41:55 PM PDT by Candor7 (Now's the time to ante up against the Obama Fascist Junta ( member NRA))
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To: Candor7

Do we know when the health bill lawsuits will reach the courts?


58 posted on 04/29/2010 9:47:46 PM PDT by presently no screen name ( Repeal ZeroCare!)
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To: july4thfreedomfoundation
Sunstein’s name is one of many on the rope list.
59 posted on 04/29/2010 9:57:14 PM PDT by itssme
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To: Ernest_at_the_Beach
E. I have to hit the sack. I will attempt to pay some time to this post later. I had spent some five hours viewing the Senate committe on Goldmand Sachs. Intro... cut off after most of it was through, then most of the three panels.
I have very mixed impressions. One member of the Senate that stood out in my mind as having a mind of course was Senator Coburn. Levin. He should jump off a bridge already. What a clown. I almost felt sorry for the GS participants to a certain extent.
60 posted on 04/29/2010 10:15:12 PM PDT by Marine_Uncle (Honor must be earned....)
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