It is an incredible story of dual nationality that has poisoned their lives for several years. "At least 10,000 accidental Americans - who have two passports by chance, because they were born on American soil, but returned to France from an early age - have trouble with the US tax authorities. In question? The application of the Fatca law which leads the American tax authorities to claim back taxes ... in the United States!
This law, signed by Barack Obama in 2010, is supposed to be the anti-tax evasion weapon of the American administration. It requires all American nationals to declare their accounts abroad. Several countries, including France, have signed a protocol with the United States which commits them to apply the device to their own banks. The Fatca law came into force in France in 2014. It concerns Americans residing in France, Franco-Americans but also therefore accidental Americans. His detractors reproach him for devoting "the extraterritoriality of American tax law".
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The story could end there and "it wouldn't be funny," sighs one of them. But the troubles continue on the French territory. In France, these accidental Americans feel considered as "plague victims in the eyes of online banks". Boursorama, Orange Bank, Bourse Direct, ING Direct, Axa Banque, Binck Bank, Nickel, La Banque Postale, BforBank, Hellobank!, Etc. : the list is long of the establishments which they accuse of having made the decision to exclude a priori from their customers any person presenting an "index of Americanness".
"A prudential reason"
According to our information, 278 plaintiffs victims of these discriminatory practices will file a complaint against X, with constitution of civil party, before the Dean of the examining magistrates at the court of Paris, at the beginning of the week. "It is shameful to be denied access to a service on the sole ground of being born in the United States," said Antoine Vey, the plaintiffs' lawyer. Because they are Americans, the subject is taken lightly. Imagine that the banks set up criteria of armenity , Hebrewness , Maghrebinity or what do I know, public opinion would be scandalized ».
When contacted, financial institutions remain discreet. But in the spring of 2019, two deputies responsible for a parliamentary report on the subject were able to interview some of their representatives. They had advanced "a prudential reason". It would be a question of "avoiding any possibility of being at odds with American standards".
The business model of online banks focusing on cost reduction, they particularly fear the procedural costs. A fear reinforced by "the trauma of the record fines imposed on BNP Paribas or the Société Générale for breaches of American financial legislation," slips a banker.
Antarctica, Zimbabwe, North Korea… but not the United States
Online banks have thus taken radical measures, since the simple act of checking "United States" in the "country of birth" section blocks the registration process. The human rights defender had reached the same conclusion via testing . A bank had even gone further.
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"The account opening form, if it allows you to select your country of birth and that of your nationality from two drop-down lists each offering 248 countries or localities (Editor's note: from Antarctica to Zimbabwe, but also North Korea ), does not allow the selection of the United States, which is not targeted in either of the two drop-down lists, ”noted the final report. Contacted, the French Banking Federation, "well aware of the difficulties raised", boots in touch ... There is however an emergency and politicians have become aware of it.
A few days ago, Laurent Saint-Martin (LREM), the general rapporteur of the Budget, raised the subject during the hearing of Jean-Paul Faugère, tipped to become vice-president of the ACPR (Supervisory Authority) and resolution), the gendarme of the banks: "We must find a solution for the accidental Americans . I find […] unfair, even guilty that the French banking system discriminates against them.