| 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 |
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| 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. |