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Old 08-22-2013, 11:35 AM
 
42,732 posts, read 29,758,912 times
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Quote:
Originally Posted by InformedConsent View Post
TEMPORARILY, with a noted expiration date, yes.

To wit, Obama's father's signed and submitted 1961 "APPLICATION TO EXTEND TEMPORARY STAY" listing his current permission to be in the U.S. set to expire on August 9, 1961:



"Temporary" does not equal "permanent."
Wow, you've really got me confused. 'Cause just a few posts ago, you said your definition was that the US government "permitted them to reside" here in the United States. That visa certainly seems to "permit them to reside" here in the United States, doesn't it? Just because there is a time limit on how long they can stay doesn't mean they aren't "permitted to reside" here. So, what you said a few posts ago was wrong? Are you TRYING to make it more confusing? Really, all you have to do is provide a LEGAL citation defining "permanent domicile". That will surely clear up the confusion.
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Old 08-22-2013, 11:38 AM
 
42,732 posts, read 29,758,912 times
Reputation: 14345
Quote:
Originally Posted by InformedConsent View Post
Exactly.

"To enforce compliance, a 30% withholding tax will be imposed on certain payments made to FFIs and NFFEs that fail to make the required disclosures"
http://www.citigroup.com/transaction...ining_Deck.pdf

Why is that withholding even possible when whatever failure to comply with FATCA didn't occur on U.S. soil?

Because the U.S. has WORLDWIDE jurisdiction over the federal taxable events of U.S. citizens wherever in the world they reside.

So says the IRS:
"the IRS Office of Assistant Commissioner (International) has primary jurisdiction for overseas taxpayers."
http://www.treasury.gov/press-center...nts/tax598.pdf
But the withholding is done on AMERICAN soil.

I asked you earlier, what if the bank they want to impose costs and penalties on is the Ledbetter Bank in Thamesbury and that bank doesn't have any transactions or holdings in the United States. If they've got worldwide jurisdiction like you claim, they surely must be able to collect those costs and penalties, right? So how do they do that? Can you please answer? Pretty please?
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Old 08-22-2013, 11:48 AM
 
Location: the very edge of the continent
88,651 posts, read 44,404,157 times
Reputation: 13565
Quote:
Originally Posted by DC at the Ridge View Post
Wow, you've really got me confused. 'Cause just a few posts ago, you said your definition was that the US government "permitted them to reside" here in the United States.
You conveniently forgot the qualification of "permanent."

Yes, aliens are permitted by the U.S. government to reside in the U.S., some on a temporary basis (as noted in Obama's father's legal form). Some on a permanent basis (such as was the status of Wong Kim Ark's parents, a fact agreed upon by all parties in the U.S. v. Wong Kim Ark SCOTUS case).

Three things to remember about the U.S. v. Wong Kim Ark case:

1) "The question presented by the record is whether a child born in the United States, of parents of Chinese descent, who, at the time of his birth, are subjects of the Emperor of China, but have a permanent domicil and residence in the United States, and are there carrying on business, and are not employed in any diplomatic or official capacity under the Emperor of China, becomes at the time of his birth a citizen of the United States by virtue of the first clause of the Fourteenth Amendment of the Constitution"

2) "the necessary effect, of the submission of this case to the decision of the court upon the facts agreed by the parties were to present for determination the single question stated at the beginning of this opinion, namely, whether a child born in the United States, of parent of Chinese descent, who, at the time of his birth, are subjects of the Emperor of China, but have a permanent domicil and residence in the United States, and are there carrying on business, and are not employed in any diplomatic or official capacity under the Emperor of China, becomes at the time of his birth a citizen of the United States.

3) According to the U.S. v. Wong Kim Ark ruling, one's parents must have BOTH a residence AND permanent domicile in the U.S. at the time of one's birth in order to qualify one for birthright U.S. citizenship.

Residence alone doesn't cut it. Neither does a government authorization for a "Temporary Stay." Illegal alien status certainly doesn't cut it.
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Old 08-22-2013, 11:53 AM
 
Location: the very edge of the continent
88,651 posts, read 44,404,157 times
Reputation: 13565
Quote:
Originally Posted by DC at the Ridge View Post
But the withholding is done on AMERICAN soil.
Due to violations committed on U.S. soil? No.

How is the IRS invoking penalties for violations committed outside of U.S. territory?

The U.S. has WORLDWIDE jurisdiction over the federal taxable events of U.S. citizens wherever in the world they reside.

So says the IRS:
"the IRS Office of Assistant Commissioner (International) has primary jurisdiction for overseas taxpayers."
http://www.treasury.gov/press-center...nts/tax598.pdf
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Old 08-22-2013, 11:59 AM
 
42,732 posts, read 29,758,912 times
Reputation: 14345
Quote:
Originally Posted by InformedConsent View Post
You conveniently forgot the qualification of "permanent."
How did I forget the qualification of "permanent"? I asked you for a legal definition of "permanent domicile". You referred me to Attus's explanation, which said that a person was "permitted to reside" here. The fact that YOU referred me to that definition implies that that was the definition you were using.

So, okay, it's not the definition you are using.

Can you refer us to the legal definition you ARE using? That would really help clear up everyone's confusion.
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Old 08-22-2013, 12:01 PM
 
42,732 posts, read 29,758,912 times
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Quote:
Originally Posted by InformedConsent View Post
Due to violations committed on U.S. soil? No.

How is the IRS invoking penalties for violations committed outside of U.S. territory?

The U.S. has WORLDWIDE jurisdiction over the federal taxable events of U.S. citizens wherever in the world they reside.

So says the IRS:
"the IRS Office of Assistant Commissioner (International) has primary jurisdiction for overseas taxpayers."
http://www.treasury.gov/press-center...nts/tax598.pdf
Still, if they can't collect the fines and penalties overseas, then they don't really have worldwide jurisdiction, do they?

I mean, I've asked you three times, now, and you've ignored the question.

If the IRS wants to impose costs and penalties on a foreign bank which doesn't have holdings or transactions on US soil, how do they do it? 'Cause if they had worldwide jurisdiction, they'd be able to.
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Old 08-22-2013, 12:02 PM
 
Location: Great State of Texas
86,052 posts, read 84,214,150 times
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Quote:
Originally Posted by InformedConsent View Post
Due to violations committed on U.S. soil? No.

How is the IRS invoking penalties for violations committed outside of U.S. territory?

The U.S. has WORLDWIDE jurisdiction over the federal taxable events of U.S. citizens wherever in the world they reside.

So says the IRS:
"the IRS Office of Assistant Commissioner (International) has primary jurisdiction for overseas taxpayers."
http://www.treasury.gov/press-center...nts/tax598.pdf
But they do not have the power to actually collect said taxes until the individual is on US soil or opens a US bank account.
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Old 08-22-2013, 12:04 PM
 
Location: Great State of Texas
86,052 posts, read 84,214,150 times
Reputation: 27718
Quote:
Originally Posted by DC at the Ridge View Post
Still, if they can't collect the fines and penalties overseas, then they don't really have worldwide jurisdiction, do they?

I mean, I've asked you three times, now, and you've ignored the question.

If the IRS wants to impose costs and penalties on a foreign bank which doesn't have holdings or transactions on US soil, how do they do it? 'Cause if they had worldwide jurisdiction, they'd be able to.
They can't so they are going after the banks themselves and threatening to exclude them from SWIFT transactions which is global banking. And the banks don't want that so they are shunning expats from opening accounts. Those that have expats only need to provide a list to the IRS.
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Old 08-22-2013, 12:06 PM
 
Location: the very edge of the continent
88,651 posts, read 44,404,157 times
Reputation: 13565
Quote:
Originally Posted by DC at the Ridge View Post
How did I forget the qualification of "permanent"?
You're easily confused? You've already readily admitted several times in this thread to being "confused."

Anyway, you already got an explanation, here:
Quote:
Originally Posted by InformedConsent View Post
You conveniently forgot the qualification of "permanent."

Yes, aliens are permitted by the U.S. government to reside in the U.S., some on a temporary basis (as noted in Obama's father's legal form). Some on a permanent basis (such as was the status of Wong Kim Ark's parents, a fact agreed upon by all parties in the U.S. v. Wong Kim Ark SCOTUS case).

Three things to remember about the U.S. v. Wong Kim Ark case:

1) "The question presented by the record is whether a child born in the United States, of parents of Chinese descent, who, at the time of his birth, are subjects of the Emperor of China, but have a permanent domicil and residence in the United States, and are there carrying on business, and are not employed in any diplomatic or official capacity under the Emperor of China, becomes at the time of his birth a citizen of the United States by virtue of the first clause of the Fourteenth Amendment of the Constitution"

2) "the necessary effect, of the submission of this case to the decision of the court upon the facts agreed by the parties were to present for determination the single question stated at the beginning of this opinion, namely, whether a child born in the United States, of parent of Chinese descent, who, at the time of his birth, are subjects of the Emperor of China, but have a permanent domicil and residence in the United States, and are there carrying on business, and are not employed in any diplomatic or official capacity under the Emperor of China, becomes at the time of his birth a citizen of the United States.

3) According to the U.S. v. Wong Kim Ark ruling, one's parents must have BOTH a residence AND permanent domicile in the U.S. at the time of one's birth in order to qualify one for birthright U.S. citizenship.

Residence alone doesn't cut it. Neither does a government authorization for a "Temporary Stay." Illegal alien status certainly doesn't cut it.
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Old 08-22-2013, 12:08 PM
 
Location: the very edge of the continent
88,651 posts, read 44,404,157 times
Reputation: 13565
Quote:
Originally Posted by DC at the Ridge View Post
Still, if they can't collect the fines and penalties overseas, then they don't really have worldwide jurisdiction, do they?
There would be no collection of penalties or fines without the existence of WORLDWIDE jurisdiction. The violations on which the penalties and fines are based were committed ABROAD.

Come on, DC, you're not that dumb.

Or, at least I used to believe you were smarter than that.
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