Florida Senate - 2011 SM 1344
By Senator Flores
38-01477B-11 20111344__
1 Senate Memorial
2 A memorial to the Congress of the United States,
3 urging Congress to direct the Department of the
4 Treasury to withdraw a proposed rule on deposits made
5 by nonresident aliens and to examine the proposed rule
6 for negative effects.
7
8 WHEREAS, Florida is known as the “Gateway to the Americas”
9 and, as such, has promoted international trade and finance, and
10 WHEREAS, the United States has had longstanding policies
11 encouraging nonresident aliens to deposit their funds into
12 financial institutions in the United States so that these funds
13 may be used to foster growth, encourage economic development,
14 and create jobs in Florida and the United States, and
15 WHEREAS, federal law does not permit the taxation of
16 nonresident alien deposit accounts, and
17 WHEREAS, the United States Commerce Department has stated
18 that foreigners have deposited nearly $3 trillion in banks and
19 with securities brokers in the United States, and
20 WHEREAS, this policy has lead to the deposit of tens of
21 billions of dollars by nonresident aliens in banks in this
22 state, and
23 WHEREAS, the Treasury Department has issued a proposed
24 Internal Revenue Service regulation, REG-146097-09, which will
25 require financial institutions in the United States and in this
26 state to report interest earned on deposits made by nonresident
27 aliens, so that this information can be reported to the
28 nonresident alien’s home country, and
29 WHEREAS, many nonresident alien accounts located in banks
30 in this state were established by Latin Americans who do not
31 trust the privacy of the financial institutions in their home
32 countries, are afraid of kidnappings and extortion when funds
33 are domestically deposited, and are so concerned with the
34 viability of the economies of their home countries that they
35 have moved their money to the safety and soundness of this
36 nation’s financial system, and
37 WHEREAS, adoption of the rule would place financial
38 institutions in the United States and in Florida at a
39 competitive disadvantage relative to the banks of foreign
40 countries and will result in significant withdrawals of foreign
41 deposits from our financial institutions, and
42 WHEREAS, the withdrawal of these nonresident alien deposits
43 from Florida financial institutions will drive job-creating
44 capital out of Florida and cause a further and deepening banking
45 and economic crisis in Florida and the United States, NOW,
46 THEREFORE,
47
48 Be It Resolved by the Legislature of the State of Florida:
49
50 That the Congress of the United States is urged to direct
51 the Department of the Treasury to withdraw proposed Internal
52 Revenue Service regulation REG-146097-09.
53 BE IT FURTHER RESOLVED that the Congress of the United
54 States is urged to hold hearings to examine the negative effects
55 of the proposed rule on the economy of the United States and
56 Florida and the cost of the proposed rule to financial
57 institutions.
58 BE IT FURTHER RESOLVED that copies of this memorial be
59 dispatched to the President of the United States, to the
60 President of the United States Senate, to the Speaker of the
61 United States House of Representatives, and to each member of
62 the Florida delegation to the United States Congress.