Contact Information:

Center for
Freedom and Prosperity
 P.O. Box 10882
Alexandria, Virginia

United States Senator Conrad Burns

[Link to signed PDF copy]

March 6, 2003

The Honorable John Snow
Secretary of the Treasury
Department of Treasury
1500 Pennsylvania Avenue
Washington, DC 20220

Dear Secretary Snow,

Congratulations on your confirmation. I look forward to working with you to reform our tax code and make America's economy more competitive. As part of this effort, I urge you to closely review an IRS regulation (REG-133254-02) that would require banks to report the interest they pay to non-resident aliens. This initiative, originally proposed during the waning days of the Clinton administration, undermines the rule-of-law and is a threat to America's economic interests.

Beginning in 1921, lawmakers decided not to tax foreign-owned bank deposit interest in order to attract capital to the U.S. economy. This has been a remarkably successful policy. American banks have more than $1.7 trillion of foreign funds, and this money helps fund job creation and economic growth in the United States. Unfortunately, this proposed IRS regulation would use bureaucratic edict to undermine existing law. Requiring the reporting of bank deposit interest will give foreign governments the ability to tax income earned inside U.S. borders. This will cause non-resident aliens to shift a significant share of their deposits to other jurisdictions.

It would be very useful to find out how much money would flee our economy, but this number is not known since the IRS failed to follow the law and perform a required cost-benefit analysis. And even though nonresident alien deposits only account for a portion of the foreign money in American banks, I fear it will be a substantial amount of money. Indeed, it is worth noting that more than $40 billion of savings deposits fled American banks in the first quarter of 2001 (on an annualized basis), almost surely in part because the proposed regulation was first announced January 17, 2001.

I urge you to permanently withdraw the proposed regulation. At the very least, the regulation should be withdrawn until the IRS produces a peer-reviewed, independent analysis of how much capital will leave the U.S. economy if the regulation is implemented.


Senator Burns
United States Senate


cc:  Vice President Richard Cheney
     CEA Chairman Glenn Hubbard
     NEC Chairman Steve Friedman
     Deputy Chief of Staff Josh Bolten

Return Home

[Home] [Issues] [Tax Competition] [European Union] [IRS NRA Reg] [Corporate Inversions] [QI] [UN Tax Grab] [CFP Publications] [Press Releases] [E-Mail Updates] [Strategic Memos] [CFP Foundation] [Foundation Studies] [Coalition for Tax Comp.] [Sign Up for Free Update] [CFP At-A-Glance] [Contact CFP] [Grassroots] [Get Involved] [Useful Links] [Search] [Contribute to CFP]