| 1 | House Memorial | 
| 2 | A memorial urging the United States Department of the  | 
| 3 | Treasury to withdraw a proposed rule on nonresident alien  | 
| 4 | accounts and Congress to hold certain hearings on the  | 
| 5 | proposed rule. | 
| 6 | 
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| 7 |      WHEREAS, Florida is the gateway to the Americas and, as  | 
| 8 | such, has promoted international trade and finance, and | 
| 9 |      WHEREAS, the United States has had a long policy to  | 
| 10 | encourage nonresident aliens to deposit their funds into  | 
| 11 | financial institutions in the United States so that these funds  | 
| 12 | can be used to foster growth, encourage economic development,  | 
| 13 | and create jobs in Florida and the United States, and, | 
| 14 |      WHEREAS, the federal law does not permit the taxation of  | 
| 15 | the deposit account of a nonresident alien, and | 
| 16 |      WHEREAS, the United States Commerce Department has stated  | 
| 17 | that foreigners have deposited nearly $3 trillion in United  | 
| 18 | States banks and with securities brokers, and  | 
| 19 |      WHEREAS, this policy has led to the influx of tens of  | 
| 20 | billions of nonresident alien dollars being deposited in Florida  | 
| 21 | banks, and | 
| 22 |      WHEREAS, the Treasury Department has issued proposed  | 
| 23 | Internal Revenue Service regulation REG-146097-09 that will  | 
| 24 | require United States and Florida financial institutions to  | 
| 25 | report interest earned on the nonresident alien deposits so that  | 
| 26 | this information can be reported to the nonresident alien's home  | 
| 27 | country, and | 
| 28 |      WHEREAS, many nonresident alien accounts were established  | 
| 29 | in Florida by individuals from Latin America because many  | 
| 30 | nonresident aliens do not trust the privacy of the financial  | 
| 31 | institutions in their home countries, fear kidnappings and  | 
| 32 | extortion when such financial information is revealed, and are  | 
| 33 | concerned about the viability of their home country's economy  | 
| 34 | and thus have transferred their money to the safety and  | 
| 35 | soundness of the United States' financial system, and | 
| 36 |      WHEREAS, the adoption of the rule will place United States'  | 
| 37 | and Florida's financial institutions at a competitive  | 
| 38 | disadvantage relative to the banks of foreign countries and will  | 
| 39 | result in significant withdrawals of foreign deposits from our  | 
| 40 | financial institutions, and | 
| 41 |      WHEREAS, the withdrawal of these nonresident alien deposits  | 
| 42 | from Florida's financial institutions will drive job-creating  | 
| 43 | capital out of Florida and cause a further, deepening banking  | 
| 44 | and economic crisis in Florida and the United States, NOW,  | 
| 45 | THEREFORE, | 
| 46 | 
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| 47 | Be It Resolved by the Legislature of the State of Florida: | 
| 48 | 
  | 
| 49 |      That the Legislature requests that the United States  | 
| 50 | Treasury Department withdraw proposed Internal Revenue Service  | 
| 51 | regulation REG-146097-09. | 
| 52 |      BE IT FURTHER RESOLVED that the United States Congress hold  | 
| 53 | hearings to examine the negative effects of the proposed rule on  | 
| 54 | the economies of the United States and Florida and the expense  | 
| 55 | to financial institutions. | 
| 56 |      BE IT FURTHER RESOLVED that copies of this memorial be  | 
| 57 | dispatched to the President of the United States, to the  | 
| 58 | President of the Senate, to the Speaker of the United States  | 
| 59 | House of Representatives, to each member of the Florida  | 
| 60 | delegation to the United States Congress, and to the United  | 
| 61 | States Secretary of the Treasury. |