Emory Law Journal Volume 67 Issue 4 2018 The Offshore Tax Enforcement Dragnet Shu-Yi Oei Follow this and additional works at: https://scholarlycommons.law.emory.edu/elj Recommended Citation Shu-Yi Oei, The Offshore Tax Enforcement Dragnet, 67 Emory L. J. 655 (2018). Available at: https://scholarlycommons.law.emory.edu/elj/vol67/iss4/1 This Article is brought to you for free and open access by the Journals at Emory Law Scholarly Commons. It has been accepted for inclusion in Emory Law Journal by an authorized editor of Emory Law Scholarly Commons. For more information, please contact
[email protected]. OEI GALLEYPROOFS 4/23/2018 12:07 PM THE OFFSHORE TAX ENFORCEMENT DRAGNET Shu-Yi Oei* ABSTRACT Taxpayers who hide assets abroad to evade taxes present a serious enforcement challenge for the United States. In response, the United States has developed a family of initiatives that punish and rehabilitate non-compliant taxpayers, raise revenues, and require widespread reporting of offshore financial information by financial institutions and taxpayers. Yet, while these initiatives help catch willful tax cheats, they have also adversely affected immigrants, Americans living abroad, and “accidental Americans.” This Article critiques the United States’ offshore tax enforcement initiatives, such as the Foreign Account Tax Compliant Act and the Internal Revenue Service’s offshore voluntary disclosure programs. It argues that the United States has been overly focused on two policy priorities in designing enforcement at the expense of competing considerations: First, the United States has attempted to equalize enforcement against taxpayers with solely domestic holdings and those with harder-to-detect offshore holdings by imposing harsher reporting requirements and penalties on the latter.