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Senior Member of Ways & Means Committee Urges Withdrawal of IRS's Interest Reporting Regulation IRS Should Propose Legislation if it Wants to Overturn Existing Law
Florida Congressman Clay Shaw, the third most senior Republican on the Committee on Ways and Means, and chairman of the Social Security Subcommittee, urges Treasury Secretary John Snow to withdraw an Internal Revenue Service proposed regulation
that requires banks to report deposit interest paid to nonresident aliens. Excerpts from Chairman Shaw's letter:
Contrary to America's National Interests
This proposed rule is contrary to America's national interests and could lead to substantial capital flight from US banks. The Mercatus Center, for instance, estimates the regulation – if
implemented – would cause $87 billion of capital to flee the US economy.
Threatens America's Economic Recovery
This is an unacceptable risk and could threaten the nation's economic recovery. My state of Florida would be particularly impacted, especially if the IRS follows through on its reported
intention to apply the regulation to depositors from Latin America.
Overturns 83 Years of Existing Law
This regulation also should be withdrawn since it seeks to use regulatory decree to overturn 83 years of existing law. If the IRS truly believes that foreign governments should be able to
double-tax income earned in America, it should submit legislation rather than pursue a policy change through the regulatory process. (Full text of letter below)
Link to Rep. Shaw's letter: http://www.freedomandprosperity.org/ltr/shaw-irs/shaw-irs.shtml
PDF version of Shaw letter: http://www.freedomandprosperity.org/ltr/shaw-irs/shaw-irs.pdf
More information on the regulation: http://www.freedomandprosperity.org/update/irsreg/irsreg.shtml
Complete list of opposition to proposed regulation: http://www.freedomandprosperity.org/update/irsreg/against-irsreg.pdf
Text of full letter:
September 30, 2004
The Honorable John Snow Secretary of the Treasury Department of Treasury 1500 Pennsylvania Avenue, NW Washington, DC 20220
Dear Secretary Snow,
I encourage you to withdraw a proposed regulation (REG 133254-02) that would require banks to report deposit interest paid to nonresident aliens. This proposed rule is contrary to America's
national interests and could lead to substantial capital flight from US banks. The Mercatus Center, for instance, estimates the regulation – if implemented – would cause $87 billion of capital to flee the US economy.
This is an unacceptable risk and could threaten the nation's economic recovery. My state of Florida would be particularly impacted, especially if the IRS follows through on its reported
intention to apply the regulation to depositors from Latin America.
This regulation also should be withdrawn since it seeks to use regulatory decree to overturn 83 years of existing law. If the IRS truly believes that foreign governments should be able to
double-tax income earned in America, it should submit legislation rather than pursue a policy change through the regulatory process.
Thank you for your consideration of this important issue.
Sincerely,
E. Clay Shaw, Jr. Member of Congress
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