In the past, the government was forced to show a modicum of restraint with respect to levying taxes for fear that citizens would simply leave the country and move to a more favorable location. In fact, the threat of the citizenry emigrating en masse is arguably one of the most important checks on government power. The American Jobs Creation Act, passed by a Republican House, Senate, and president, effectively removed this fear. FULL ARTICLE
Source link: http://archive.mises.org/9654/abolish-the-expatriation-tax/
Abolish the Expatriation Tax
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Hmm. So, if I’m a young, talented, hard-working entrepreneur frustrated with tax policies and the hostility to business in America, all this does is give me even more incentive to repatriate to other shores, and to do so as early in my career as possible? Got it.
Surely the American economy will recover quickly if the most able and intelligent in our society get the message that leaving the country as early as possible is in their best interests. On top of the message they’re already getting that their government plans to crush them with taxes. Ladies and gentlemen, your 2009 United States!
It wasn’t a long time ago that I thought the US was supposed to be the land of opportunity. However it appears that the US is turning into SU (Soviet Union). A shame really, instead of showing the world how to be a free country, it repeats other countries errors. In the past I contemplated moving into the US but it doesn’t seem very appealing now. Any tips on where to go?
If you take enough shrooms it will take you to the moon. Tax free mind you…..
Geez, so having a US passport is becoming a liability rather than an asset. I would love to change to maybe Australian or Canadian… What is the best passport to have in terms of visa convenience, expat taxes, etc?
Sorta reminds of that line from Godfather III when Michael Corleone says “Just when I thought I was out…they pull me back in”.
to banker:
australia traditionally has been more socialist than the us, but you guys are certainly catching up. many of our best and brightest live and work offshore, in low-tax regimes.
one blessing: the ato (irs) doesn’t chase if you become a non-resident for tax purposes…yet.
new zealand is one of the few countries that seems to be moving against the appalling, global policy-trend.
the centre-left labour party’s long rule is over, and the leader of the centre-right, ruling national party (ex-merrill lynch) at least talks the talk. we’ll see how he walks, presently.
http://online.wsj.com/article/SB123638162497057661.html
If anything, I imagine this Berlin Wall for wealth will get higher, complete with strands of barbed wire on top.
Add insult to injury with the Heroes Earnings Assistance and Relief Tax Act of 2008
http://www.faegre.com/showarticle.aspx?Show=8278
@ Peter, Newson, banker:
What’s the general feeling about Singapore?
I am going to write my congressional “representatives” requesting that they follow the author’s advice. I will be sure to attach a link to this Mises.org article.
This makes perfect sense, if you think like an autocrat in DC:
The government is simply preventing someone from taking the government’s money out of the country, and from allowing its subjects to earn money for someone else in another country.
In short, the government believes that the government is the rightful owner of all its subjects’ assets, and in fact owner of the subjects themselves.
We can own nothing, because our government owns us. It’s in the law. Who knew?
I believe that the 2nd amendment was designed exactly for cases like this.
In battle, in nature, in the wild, preys have two choices when they encounter a predator. They can leave, escape, run, flee.
But if that is no longer possible, they must fight.
This is why we have a 2nd amendment.
To Peter Surda,
“it repeats other countries errors.”
Those are not “errors”, those are CRIMES !
But a far bigger crime is committed by the people who tolerate this.
Banker,
“I would love to change to maybe Australian or Canadian… ”
Canada’s taxes are even higher than US taxes, a person making $30,000 a year will pay 30% income taxes, 15% sales taxes plus a whole assortment of “permits” “licences” “certificates” and housing taxes, fuel taxes etc.
A person making $30,000 gross a year has to live off $15,000 NET in Canada.
Plus in Canada you don’t have the 2nd amendment, therefore you are a slave, a subject, not a citizen.
In Canada, you are not even allowed to defend yourself with force against violence. If you use any weapons, you will be charged in a court of law.
Guns, knives, pepper spray, tasers, just any weapons are banned. Police officers have full powers and full authority.
Believe me, you DON’T want to live in Canada.
Canada makes Liberal states in the US look like ultra fascist right wing states.
http://video.google.com/videoplay?docid=1070329053600562261
this video, I believe, is the answer to all US government actions and unless people become aware of the big fraud going on we are all heading to slavery
In the Roman Empire, when the taxes got so oppressive that they could not be paid, citizens would renounce their citizenship and volunteer to become slaves to avoid taxation. Has America become so oppressive that people will renounce citizenship to escape taxation? Apparently the government thinks so, and they are probably right.
Corporations and citizens already love doing business with offshore banks and tax havens. If there were a nation that had a strong tradition of no taxation, people might flock to it in droves. Kind of like America in the 1800s…
Those of us who agree with Austrian economics realize that there is another bout of inflation coming. Let’s assume that it will only be as bad as the Great Inflation of the 1970s. Consider that even with falling prices as of January 2009 the average price in the United States was over $200K. That means that within 10 years the average price of a home will exceed $2 million. Within 10 years this provision of the tax law could apply to 50% of the people in the United States.
Add to that the laws that may be passed as that mentioned by Chris Gardner and you can see that soon the confiscating arm of the IRS will reach into the whole world.
Mr Obama, tear down this economic wall!!!!
When you control a man’s thinking you do not have to worry about his actions. You do not have to tell him not to stand here or go yonder. He will find his ‘proper place’ and will stay in it. You do not need to send him to the back door. He will go without being told. In fact, if there is no back door, he will cut one for his special benefit. His education makes it necessary. Carter G. Woodson
While I agree with 2nd Amendment, we must realize that the reason the State gets away with its crimes is because the people have been brainwashed. The American public is suffering from Stockholm syndrome writ large. If Republicans actually did become honorable for once and tried to abolish the expatriation tax, the Democrats would pull the class warfare card and convince the public that if these rich people leave, then the masses will have to pay more taxes. Given that envy is the blood of mass democracy, this demogoguery will work.
Not only does a people unwilling to live as free men and women not possess the necessary moral conviction to resist tyranny but such people gladly submit to violations of their natural rights which would have compelled the children of 1776 to take up arms a long time ago. But such people imprisoned by their own ideology cannot do otherwise; their education makes it necessary.
Dr. Woodson also wrote:
History shows that it does not matter who is in power … those who have not learned to do for themselves and have to depend solely on others never obtain any more rights or privileges in the end than they had in the beginning.
The American people explicitly and implicitly believe that all of their rights and privieges derive from the State. That is, they believe the individuals composing the State have the right to tell them what their freedoms are and how to exercise them. They have choosen to neither fight nor flee; they simply surrender.
However, there is opportunity for libertarians, radicals, and Misesians during this time of social upheaval. Samuel Adams once said, “It does not require a majority to prevail, but rather an irate, tireless minority keen to set brush fires in people’s minds.”. This crisis has opened the minds of some Americans to more radical ideas. Let us become pyromaniacs throwing Moltov cocktails into the brush of American minds.
This blog and Mises.org are super sites, but they need to be publicized to the talk show, radio personalities, Fox News commentators……..How can this be done effectively to educate the American public?
“How can this be done effectively to educate the American public?”
What makes you think the American public (or any public, for that matter) wants to be educated?
Lets see, you are getting worked up over, my guess, .00001% of the population.
And why is it bad that anyone that earns money in the US should not pay taxes on that income? If you live in Washington, work a job in Oregon, you will pay state income tax to Oregon for those wages.
If you really want to get worked up, attack the tax policies for those that are imigrating into the US. A person comes into the US from England and gets his green card. He is working here and pays all the US income taxes. Finally, his home sells in England and he makes $100,000 gain on the sale of the house. This poor guy now has to pay US income or capital gains tax on that $100,000, subject to sale of primary residence tax rules.
Lets see, you are getting worked up over, my guess, .00001% of the population.
Even if it is only one individual, it is still wrong. What does it matter if a group of people only represent a tiny minority? Does taking their wealth become justifiable then? Ask the German Jews in 1936.
C. Evans,
“While I agree with 2nd Amendment, we must realize that the reason the State gets away with its crimes is because the people have been brainwashed. The American public is suffering from Stockholm syndrome writ large. ”
I don’t agree with you 100% percent because there is what we call the HERD mentality. People just hate to be the black sheep in the crowd.
There could very well be a crowd where each and every person think libertarian but act socialistic because that’s what each and every individual thinks is the mentality of the crowd and no individual wants to stand alone.
The state has ALWAYS gotten away with crimes since the very beginning of mankind. Stockholm Syndrome is programmed within our genes.
That’s why as libertarians, we must not fear to be alone against all and not fear to be thought as “crazy” or “excentric”.
We must not want to change the world, we must act individually and independently in our own best self-interest. Even if that means alone against all.
Life free or die trying !
Raja,
“What makes you think the American public (or any public, for that matter) wants to be educated?”
The public mistakes “education” with obedience. The public thinks that learning about fashion and conformity is education.
The public mistakenly think that when they fit in the crowd, they are perfectly educated and have learned all there is to learn and that no further education is possible, except when a new fashion and trend arises.
Individuals need to start acting individually regardless of the consequences if this is to change.
Can you be wealthy without freedom ?
The moment you lose your freedom, you also lose the usefulness of your wealth and you are practically bankrupt.
What good is it for me to have $1 Million if I can’t buy normal light bulbs because the government forces me to buy CFL’s ?
What good is it for me to have $1 Million of I can’t buy bottled water because the government forces me to use faucet water ?
As this list goes on, your “wealth” is pretty much just fairy tales.
Wealth cannot exist without freedom and the first step towards prosperity is freedom.
Notice how people attach psychological importance to wealth and secondary importance to freedom.
Notice how the government always nibbles at your freedoms before it nibbles at your wealth, that’s because the only way to protect your wealth is through freedom and once you have lost your freedom you have lost the ability to protect your wealth.
At this point, it makes no difference what is the marginal tax rates because the government basically owns you and your wealth.
Never give up freedom, never give up any freedom no matter how petty and trivial it might be. At the instant you give up a trivial freedom, you have given up everything and the government is winning.
Greg,
Because that money belongs to the one who earned it, not the government and therefore you should keep all the money you earn and if the government wants money it should do like the rest of us and earn it honestly.
But now, our government is so corrupt, you pay “taxes” even when you don’t earn money but just keep the money you already earned.
By printing money, the government dilutes the value of your saved money, thereby robbing you of the value of your money.
Inflation is even worse than taxation and has a global impact on each and every citizen of the world, not just US citizens.
The US is really plundering the planet.
C. Evans,
“The American public is suffering from Stockholm syndrome writ large”
That’s about 20% of the reason, 80% of the reason comes from the “I Don’t Want To Be Singled Out” Syndrome.
There are plenty of people who despise the way Institutional Psychiatry treats individuals, there are plenty of people who don’t believe in the concept of mental illness and who are against psychiatric persecution.
However, those people will join in stigmatising against people who have been labeled mentally ill because they don’t want to be associated with them and suffer the same social stigma.
In fact, in Nazi Germany, a lot of jews persecuted other jews just for the priviledge of being in the Waffen SS and not having fingers pointed at them and sent to the concentration camps themselves.
Yes, there was jews in the Waffen SS, like there was French, Dutch, Belgiums, Denmarks etc.
The Waffen SS recruited locals in each and every country it conquered and locals were thrilled to join the Waffen SS and be on the “right” side of the social persecution.
Therefore, socialism, patriotism, collectivism is strong in America because nobody wants to stand out of the crowd and have fingers pointed at him.
Also, once a critical mass of people join an ideology, they feel unaccountable and invested with complete rights to do all they want in the name of the said ideology. Belonging to a group makes you feel like you are on the right side, you are validated and nobody stands against you.
It’s really a social sham, a social sophism. But it’s how it works.
It’s even worse and more powerful than the Stockholm syndrome.
I would call it the God syndrome because most people view society and government as if it was God, litterally.
Having to endure social disapprobation is like being cast to hell for most people, so they will bend over and join the flock, even against their own self-interest because of the pain felt at being ostracized or despised by the group.
Peer Pressure at national scale is how government works and maintains its power.
And even though the group spoliates and mutilates the individual to force it into the group and kills individuals who refuse to join the flock, the group preaches to individuals that they are doing individuals a favor when they “accept” individuals in their flock.
Most individuals feel like they are being done a favor and that they owe the spoliating and mutilating mob for “accepting” them, instead of recognizing the mob for what it is, tyranny of the “majority”.
And the group, the nation, employs guilt trips to bend individuals to it’s will.
Most often than ever we hear that since individuals enjoy the “benefits” of living in society, they should pay their “fair” share of taxes and do voluntaring, join the army and serve your country, do your “duty”.
Somehow, individuals are being taught that if the state does not kill them and take all their belongings it’s a favor the state is doing us and we should be grateful that the government leaves us some money on our paycheck instead of taking it all like it’s entitled to.
It’s also that most individuals value life before freedom and end up having neither.
Those who value freedom over life are called mentally ill in our society and they are deprived of liberty and finished off in psych wards.
C. Evans,
“The American people explicitly and implicitly believe that all of their rights and privieges derive from the State.”
And this is exactly true because might is right.
Rights and privileges derive from our ability to use force and deception to acquire and defend them.
Rights and privileges don’t derive from government and they don’t even derive from God.
They derive from might.
If you want to be 100% certain that the government will not threaten your rights and privileges you will first need a fleet of nuclear submarines each equipped with 24 SLBM’s each carrying 10 warheads each aimed at very crucial government assets. Let’s say 2,500 warheads would do the trick.
Now you could rest in peace knowing that the government will leave you alone and respect you because you would hold them by their balls and no longer would they threaten to emprison you for smoking pot or not paying your taxes etc.
But since nuclear weaponry is out of reach of individuals, we don’t have the might necessary to defend our rights and therefore we have no rights.
Just like a car needs fuel to advance, rights need might to exist. We live in physical reality and not in constitutional fairy tales.
Since the government has all the might, it has all the rights and grants them to whoever they want and can take them back whenever they want for any reason or no reason at all.
So if you want rights, first buy yourself an SLBM launching submarine, it’s in the constitution.
The right to keep and bare arms.
Each ballistic missile will cost $30 Million, plus the sub will cost $2 Billion, expect to pay $250,000 a day to run the sub.
Unfortunately, I’m dirt poor so I have no might and therefore no rights.
“Lets see, you are getting worked up over, my guess, .00001% of the population.”
Your point? Is it alright because it’s done to a (likely very highly productive) minority? I am now at the point that I’d derive pleasure from seeing the US collapse on its own weight, with the freaks that run it pathetically trying to save their own disgusting hides (Pelosi, Obama &c. come to mind.) I want to see these parasites fail, and be subjected to a fate similar to the French nobles during the Terror. And unlike the Terror, no injustice at all will be taking place. Merely a bunch of reprenensible criminals facing the fate they deserve. If they question it we’ll just say their punishment was in their “social contract”. If they don’t like it, they can leave.
reprehensible*
I think you may be a little bit behind the times. HEART legislation signed by Bush in June 2008, hits those leaving with a capital gains-like penalty. It was buried in a bill supposedly helping veterans. Take 15% of your total wealth and give it to Uncle Sam upon exiting. We’re not talking income, we’re talking net worth! This is even more egregious than the AJCA, yet very few are aware of it. When Bush signed this legislation, you think his administration didn’t know the economic s**t storm was about to hit the proverbial fan?
to nick e:
this is a story of haves, and have-nots. singapore is a good place to domicile your international company, if you don’t intend to reside there. taxes aren’t that low for residents, compared to other jurisdictions.
the uk is attractive as a domicile for international investment companies because foreign, but not uk, earnings are taxed.
if you have enough money, you can structure a very nice, low tax-rate lifestyle (provided you’re not a us citizen, naturally), by having assets in one country, and residing in another. this is the luxury of the rich.
that said, jim rogers has moved to singapore, and that is a big tick in my book. his financial structure is likely to be very tax-efficient, far more so than the average singaporean.
so i think 2nd amendment is right, for the little people, flight is out of the question, leaving only fight.
We live in a democracy and Americans want socialism. If you do not want to support that you can stop earning a high income. You can buy gold with the government is printing trillions of paper dollars.
If you keep working and producing, then do not complain about high taxes. You are preventing the natural consequences of bad policy; you are causing it to temporarily succeed when it will ultimately fail.
Americans want this; they voted for this. We have had high tax rates before and we are getting them again.
Americans are making it plain that they do not want rich people living here. They do not believe in trickle down economics. The only rich people they want in the US are liberal movie stars and professional athletes. Entrepreneurs are not welcomed. Small businesses and professionals need to pay up and support our big government.
The only way this will stop is with 15% unemployment and 15% interest rates. You can renounce your citizenship and move to China. Good luck to you. It might be smarter to downsize your life, shrink your business and smell the roses. Eventually, the American people will understand that you cannot get prosperity for the masses by expanding government and overtaxing producers. Limited government and reasonable tax rates will lead back to prosperity.
greg
So, you’re guess is that around 35 people in this country have a net worth greater than $2,000,000. At least you don’t have any credibility to lose.
So if one leaves…don’t plan on coming back. And with the witch hunt picking up steam, more might just leave this country. If the bear market bottoms in 2014-2016 expect a hell of a lot more laws or acts by government that violate one’s freedoms.
As an Australian, I should warn you that we have a socialistic economy here. We have always been more prone to government interference, since the interior is very dry and arid and we couldn’t escape the reach of the powers that be. We were also inflicted with unionism of a virulent type. It is trying to make a comeback with new ‘Fairness’ provisions.
So Australia is not an alternative to live in, though it might be an alternative to stay in until the US government gets the message and reforms itself.
Alternatively, you libertarians could emigrate here, and become voting citizens, and vote for the Liberal Democratic Party, the local libertarians. A few million decentralising Americans would make a lot of difference here! (We only have 21 million people)
Wow, so Death & Taxes is the only sure thing. Especially in the US!
I was surprised by the subject matter of this article because I did not know about this amendment of the IRS law (via American Jobs Creation Act); and then surprised also regarding the “Heroes Earnings Assistance and Relief Tax Act of 2008″ for the same reason. Actually in writing that sentence I realize that the contents of these laws ought not to be surprising, considering the vast numbers of laws that plague a citizen, legal resident or even visitor of the US. Congress Critters themselves do not know the entirety of what they are legislating, let alone the true impact if these laws were to be fully enforced.
The key aspect to any government is always the enforcers. Any law/edict/mandate/directive/regulation is just so many words on paper (or whatever the current electronic media) without enforcers who are willing and do use force on individuals. This point needs to be understood because government cannot “control” anyone’s thinking (Woodson is wrong on this). Each person is in control of hir own thoughts and even all hir own actions. S/he definitely has hir available choices limited by government, and the more interfering the government, the fewer are the available actions that will promote maximization of that person’s lifetime happiness (the purpose of each individual’s life). When a government enforcer threatens immediate force (gun drawn and pointed directly short range), the options are indeed limited, but up until that time there are considerable ones that are not of the formula either A=dead or B=remain alive, even if physically restrained. (When physically restrained a person has no ability to leave a location, and maybe even to scratch hir nose, depending on the degree of restraint.)
Even enforcers are still human beings, not sadistic robots (yet), and most would be highly suspectible to negative social preferencing if done by increasing numbers of people they encounter in non-official capacities. Without the enforcers, all those reams of paper holding all those billions of words (less than the trillions of dollars newly called for to be taxed and spent) would be worthless – except for papering the walls of all those government buildings. When large numbers of enforcers are discouraged from enforcing as a result of being socially preferenced against (negative social preferencing) by others, the unenforced laws/rules/etc will be useless – I do not expect any of the legislators and/or executives (President being the chief federal) to get out and enforce any laws they have written or signed, including the ones written about in this article and mentioned in previous comments. (For more explanation on social preferencing see http://selfsip.org/solutions/Social_Preferencing.html )
At times I too (like at least one commenter here) get discouraged that the majority of USers are complacent sheep who are willing to be liberty-less as long as they get their cake and circuses (subsidies and escapist video streams/games). But I do think that an increasing number – though still relatively small and for often differing reasons – are coming to realize that government is not all it has been cracking itself up to be, even in its latest incarnation with Barack Obama. So maybe it will take a generation or two, but I and husband Paul Wakfer are patient (and seriously scientific life-extensionists and cryonicists). We are strongly convinced that the material within the essay, “Social Meta-Needs: A New Basis for Optimal Interaction” can be highly instrumental in the formation over that amount of time of a highly improved society. This will require a paradigm shift in thinking for the majority of people who are already adults past 30, since they are strongly inured in the ways they have been raised and simply accept them as valid. There are also those who have invested large amounts of time and effort in their own and/or mentors’ ideas and consequently are unwilling to even examine those of someone else. We understand this and will therefore continue to put most of our hopes in those who are under 30 and dissatisfied with the society they have “inherited” (or are about to) from their elders – that these younger individuals will mostly be the ones who read the SMN and enter into public discussion with questions and comments.
yep, Singapore is looking good.
Switzerland is not what it used to be…
If you want something closer by… I suggest Caribbean tax havens, they’ll come under pressure, but at least one or two will stand up to it… too much to lose otherwise.
Most people who “earn” millions of dollars a year are successful in avoiding as much tax as they can. The average person can’t. Typical “poor rich kid” melodrama. Like they used to say, if you don’t like it, don’t let the door hit you in the behind.
Mike,
“…don’t let the door hit you in the behind.”
That is the whole problem. The government has effectively locked the door so they couldn’t leave if they wanted to (at least not if they wanted to keep their money).
Consider Puerto Rico. No federal income taxes for non-federal employees. La Isla Del Encanto is a beautiful place, a booming economy, and you have not renounced your citizenship to avoid the IRS.
If death and taxes are a certainty, why pay taxes at all ?
People who pay their taxes out of fear of death are fools because paying your taxes will not prevent your death, it will just postpone it a bit longer and it will give the government even more power to kill you whenever it wants, even if you paid your taxes.
Most people pay their taxes because they fear getting killed by the government if they don’t pay up.
Well, since death is already a certainty, why give in to empty threats ?
If death is certain then paying taxes do not need to be certain.
C,
Jokes aside, I think you really are on to something. Puerto Rico might just experience a population boom in the coming years because of US tax laws.
Kitty Antonik Waffer,
“Even enforcers are still human beings, not sadistic robots (yet), ”
I find human enforcers to be much more sadistic, cruel and taking pleasure at inflicting pain and wounds than any piece of equipment or machinery.
to mike:
“earn” is a concession to the labour theory of value. countries don’t sweat themselves into riches.
The expatriation tax reeks of soviet style defection laws, but certainly not as bad. Big government advocates always praise national service, and paying taxes is a form of national service.
However, some notes:
(1) Even though you pay tax on your worldwide income, you get a credit for tax paid to the foreign country. If your Naples tax is higher than your US tax, you won’t owe any US tax, although you do have to file a 1040 or 1040-NR.
(2) The expatriation tax from the Heroes Act forces you to pay a tax on all unrealized capital gains including gain on your home, and including your IRA. There is an exemption of 600k, adjusted each year for inflation.
(3) Finally, US citizens and residents have to pay taxes on their worldwide income even if they don’t reside in the US.
The harshest aspects of the new law apply not only to citizens and greencard holders with a certain amount of assets when they expatriate, or a certain level of average income tax liability in the five years prior to departure, but also to anyone who hasn’t been in full U.S. tax compliance for the five years prior to expatriation. There are millions of Americans living overseas. Large numbers of them are either unaware of their U.S. filing requirements because other countries don’t tax their citizens based on nationality (like the US) but upon where they live. (In addition to an income tax return, “compliance” includes filing a detailed listing of all foreign bank and financial accounts and balances every year with the U.S. Treasury Department, even when you are a young teenager born and grown-up overseas). There are others who go through life changing events or for whatever personal reason slip up on their compliance temporarily (even when they may owe no U.S. taxes, it counts). Anyway, such people may not be well-off at all. Just lower middle-class working people. These also get hit with the worst expatriation tax rules, for example having to pay U.S. tax at the highest personal rate on the built up value of their foreign pension plan which they will not receive until years later. Such pension plans (built up at work) are often exempt from U.S. taxation under an income tax treaty. The expatriation tax form, asks questions like this: “Do you have such and such? yes/no Note that by answering yes (i.e. telling the truth) you automatically elect to waive all future benefits under any tax treaty.” Treaties are the highest authority source in international tax law.
So a working person can suddenly find he or she owes tens of thousands (easily into six figures) of U.S. income tax now, which he has no money to pay, and is forced into double taxation when the future income is later taxed in their country of residence. Say they live in a high-tax country (e.g. a European country) where the rate is 50%. On their pension plan they can pay 33% in the U.S. plus 50% locally = 83%. For them old age means poverty because of this law.
You may think these cases are limited but I’m seeing them. Lots of them are out there.
The individual tax laws being made in general squash 1000 people to get one whom they purport to target.
Further the international laws pertaining to individuals trap people within the U.S. and especially trap their money. It’s like the Government is building a wall around the U.S.
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