[We now have a NEW POST taking us up to February 1, 2015. This post will be retired from service.]
THE AUTUMN 2014 UPDATE
Dear Donors,
Together, we reached our goal of $100,000 to pay the November 1 legal bill 11 days ahead of schedule!
Thank you Canadian donors from coast to coast and our friends from around the world for your generosity, support and determination — and especially for not being afraid.
The name of our non-profit corporation is the “Alliance for the Defence of Canadian Sovereignty.”
We were very deliberate in including in our name the word “sovereignty”, which forms a cornerstone of our Claims against the Government of Canada.
Canada and dozens of other countries throughout the world gave into a bully because their “leaders” were afraid of harm caused by a trading “partner” — and they gave their sovereignties away.
Help us convince by example the Leaders and Governments of all countries worldwide that they should return their sovereignties back to their Peoples.
Please continue to support our lawsuit.
“Alone we can do so little. Together we can do so much.” (Helen Keller)
— Plaintiffs Ginny and Gwen, and the ADCS-ADSC team
Chers donateurs,
Ensemble, nous avons atteint notre but d’amasser 100 000 $ pour payer notre facture légale du 1er novembre 11 jours d’avance !
Un gros merci à vous, donateurs canadiens, et à nos amis de tous les coins du monde pour votre grande générosité, soutien et détermination. Et surtout pour votre courage.
Le nom de notre organisme sans but lucratif est « l’Alliance pour la défense de la souveraineté canadienne ».
Nous avons choisi délibérément le mot « souveraineté » puisqu’il constitue la base fondamentale de nos revendications envers le gouvernement du Canada.
Le Canada et des dizaines d’autres pays se sont pliés devant l’intimidation des États-Unis parce que leurs « leaders » ont eu peur des menaces de notre « partenaire » commercial. Ils ont donc vendu leur souveraineté à rabais.
Aidez-nous à convaincre les dirigeants et les gouvernements de tous ces pays qu’ils se doivent de remettre leur souveraineté à leurs peuples.
S’il vous plaît, continuez à soutenir notre cause.
« Seuls, nous pouvons faire si peu. Ensemble, nous pouvons faire beaucoup. » (Helen Keller)
— Ginny, Gwen et toute l’équipe de l’ADCS-ADSC
DONATE to www.adcs-adsc.ca (ADSC en français).
Thanks, Tricia. Very well said — you state what the majority of US Persons living this feel. There is no turning back the clock. The only thing I would want from the US is free passage, with my Canadian-born son, to visit remaining relatives as there is a need or an occasion. That we are punished and no longer have the freedom from the land of the free to do so shows the ugliness of all this.
@Calgary411 Pastbeyond60 told your story here:
http://www.forbes.com/sites/robertwood/2014/09/16/forget-zimbabwe-u-s-tax-system-ranks-at-bottom-just-better-than-portugal/?commentId=comment_blogAndPostId/blog/comment/1057-30726-8055
I tried to work the angle about the fairness and justness of the US tax system of those tax resident abroad.
Super comment, JC. You touched a lot of bases with that one.
Bubblebustin: Thank you for your term “accidental taxpayers” from your Sept. 8 comment. (I’m just catching up after being away.) That is exactly what many of us, in our sunset years, have found ourselves to be.
The Canadian Civil Liberties Association has noted the FATCA IGA as a threat to the civil liberties of Canadians. Have the organisers behind ADCS contacted them about the suit? They have their own priorities, and they have their own fundraising projects, so we cannot look to them for money. However, perhaps they would be interested in participating as interveners.
Is there a chance that the transfer of information be blocked by the lawsuit before it’s due to happen next year, even if nothing will be settled yet?
If not, the damage will be done, regardless of the end result.
There was some question a while back as to why there was no mention of our lawsuit on the website of American Citizens Abroad. There is now. Here is the relevant excerpt from ACA’s July/August newsletter. They haven’t quite got it right (they say the plaintiffs are suing the United States) but our suit, nonetheless, is mentioned. I am still on ACA’s mailing list and I received the newsletter via email on Sept. 2 while I was away. I assume that the newsletter is also available on their website.
“Foreign Account Tax Compliance Act (FATCA)
“As of July 1, 2014, a 30% tax penalty by the U.S. on foreign banks that do not comply with FATCA went into effect. More than 77,000 foreign banks and other financial institutions have complied, with 80 countries, including China, having signed (or in the process of signing) an agreement with the United States. These agreements vary as often FATCA disclosure rules are at odds with local laws. Most countries and “tax haven” jurisdictions are agreeing to a mutual sharing of financial information via Intergovernmental Agreements with the Treasury Department (agreements which have not been authorized by the Senate) or agreements in substance.
“With a minimum penalty of $10,000, plus the risk of criminal penalties, the stakes are high for even middle class Americans living overseas who do not file the FBAR or comply with FATCA rules. Due to the enormous costs (both to the banks and the IRS) involved in reporting or tracking minor non-compliance cases, the IRS, for the moment, is taking a light hand on enforcement, focusing instead on the big fish (over 100 U.S. taxpayers and/or their legal representatives have been prosecuted so far). In the meantime, U.S. citizens, U.S. green card holders and, in fact, anyone with a “substantial” investment in the United States continue to pay the price. Besides the fact that the annual cost for filing tax returns and FBARs has skyrocketed due to the need to hire an accountant with multinational expertise, expats are discriminated against by foreign banks which refuse to open accounts or deal in other financial instruments in order to avoid the high cost of compliance. Americans are also finding it difficult to get jobs overseas because foreign employers do not want the hassle of dealing with FATCA compliance laws.
“Most Americans living overseas see themselves as ambassadors for their country and are highly patriotic and more than willing to shoulder their portion of the U.S. economic burden, despite not being physically present to use the hospitals, roads, schools and other services that their taxes are paying for. But, due to the perception that the US has overstepped its bounds by demanding tax payment on non-U.S. assets, individual citizens are starting to take a stand. ACA has made significant progress over the past 18 months in Washington resulting in the case for residence-based taxation now being “on the table.” Others have taken more radical steps with 2013 setting a record as nearly 3,000 Americans renounced their citizenship, and we have seen over 1575 so far this year. More significantly, with a potential for setting a global precedent that could have a domino effect, American/Canadian dual citizens are suing the United States, citing the unconstitutionality of FATCA and the “principle that Canada will not forfeit its sovereignty to a foreign state.” With Canada’s largest banks already having paid out over $700 million in compliance-related costs, the incentives to push this all the way to a viable conclusion are huge.”
Thanks for your good comments at the latest from Robert Wood, Forbes, Pastbeyond60 and JC!
I think that if and when the IRS tries to make contact with my, I’m assuming by mail, I will investigate getting a restraining order against them from a Canadian official. An abusive partner can have such a thing assessed against them, and this most certainly is a form of trying to make contact. Sure, largely symbolic, but it would make for good publicity.
@badger, I can picture one of the sponsor signs right now: “Brought to you by the IRS Financial Crimes Enforcement Network where your money is always in high demand.”
@Tricia, you made excellent points about how this decade’s tax laws affect far more people and have far worse consequences than ever!
@JC, Great article and input! Canada is no candidate for Miss Congeniality either because she hands her citizens tainted by a certain nationality over to the tax regime found worse than Zimbabwe!
@MuzzledNoMore, it’s about time the ACA acknowledged us. Thanks for the info!
@PierreD, no kidding! A restraining order is well-deserved!
@Jan,
Thanks!
What a hoot! @badger, I can picture one of the sponsor signs right now: “Brought to you by the IRS Financial Crimes Enforcement Network where your money is always in high demand.”
@NorthernShrike Yes, I am in contact with CCLA.
And how is somebody supposed to be sure he or she is NOT a USA citizen? A clean birth certificate does not mean one of your parents was not a USA citizen. Your birth certificate says you were born in Toronto, to parents born in Calgary and Vancouver, but what if one of them was born to USA parents or got naturalized in the USA? If one was born to USA parents then it depends on how many years that parent lived in USA, which is not shown on your birth certificate.
When bringing more than $10,000 USD into or out of the USA in cash or certain other forms, you are required to complete a FinCEN form. Look at that form. Financial crimes Enforcement Network. Like a convicted rapist required to register with the local police. What financial crime? As long as you report it, it’s legal. It’s just a way to intimidate people into using the banking system and leaving a paper trail.
US Indicia, or lack thereof will produce a lot of false-positives and negatives, Tom. That’s what makes FATCA a sham. But then maybe it was never intended to find non-residents hiding money offshore in the countries where they live. Now that we have it, why not make a good go of it? Now what to do about finding all those people who’ve slipped through the cracks? Maybe what the US needs is to promote a good whistle-blower program where Canadians can rat their American neighbours next door out.
Is it a crime in Canada to falsely state USA birthplace on a bank opening form just to run IRS goons ragged?
That kind of sabotage would only work if you can get thousands of non-US people to do it. Any group hateful enough to do that, I don’t want any part of.
@Bubblebustin,
I fail to see what’s hateful in having information on my account that would trigger the IRS to come after me. If they have no right to do anything to me but I happen to use a google talk US phone number then isn’t that their problem?
In the end it’s only going to matter if you have money or if they want to get you. They are going to leave the vast majority of people alone because they have nothing to take. Sure if they turn up on their own to one of the amnesty programs the IRS can give them a good beating but that’s about it. Look at all the home landers who don’t file at all.
On a different note I am personally looking forward to filling form 8938 with a bunch of accounts in Scotland that I didn’t have before and a bunch of account in the UK vanish without ever ticking the boxes that say I closed or opened the accounts.
Going to be fun to be audited.
@Neill
I was assuming that Tom suggested that non-USPersons tell the banks they were born in the US just to gum up the system. In order for that strategy to be effective, you’d have to get masses of people to do it. I don’t think that there’s much in the way of motivation for any group of non-Americans to do that, other than hatred.
@moderator/all
I sense this is of significance. It sounds like a movement to postpone IGA ratification in France. Was it successful?
http://www.frederic-lefebvre.org/fatca-frederic-lefebvre-defend-motion-dajournement-du-projet-dapprobation/
Maybe everyone here knows:
Frédéric Lefebvre He was elected MP and representative of the first district of French outside France. He is the founder of l’Âme Nord, a non profit organisation dedicated to serve the interests of French residents living in the USA and Canada.
Many of our citizens residing in the United States but retaining assets in France are therefore requested to withdraw their assets, and with no possibility of appeal.
Our duty is not it, Mr. Minister, to ensure the protection of our citizens, to fight injustices they could be victims?
A French Miami has asked me in the month of March
– My bank (BNP Paribas Cortal) unilaterally decided to sell “all” my financial products and send me a check in the mail claiming FATCA regulations (Foreign Account Tax Compliance Act).
It is irresponsible and lack the duty of the government to pass laws that are contrary to other laws on privacy and data protection. It’s taking the risk of exposing, as is what is happening in Canada to legal action funded by those impacted. ”
The American Bankers Association is totally against it.
Sir, there are nearly 50,000 bank accounts that are now likely to be unilaterally closed because of FATCA. Tens of thousands of French who are threatened with sever the link with their homeland …
Let me point out that these closures are in total contradiction with paragraph 1 st of Article L 312-1 of the Monetary and Financial Code resulting from the Banking Act of 24 January 1984, which provides that any person of French nationality residing outside France, without a deposit account, has the right to open such an account in the credit institution of their choice
@Dash1729
It’s hard to think of a good pitch. It would have to emphasize certain things I think to play to a U.S. audience:
1. Middle class people affected. Maybe ‘I am not a FATCAt’ could be motto.
2. Family values. People move/stay abroad for love, can’t look after their families because of CBT.
3. Fairness. Old people and others paying lots of money for no tax owed or face high penalties due to CBT.
4. Hardworking (people who opened mom and pop business with foreign family have CBT problems)
5. Patriotism. Don’t want to renounce.
http://thefranco-americanflophouse.blogspot.fr/2014/09/fatca-debate-in-french-parliament.html
http://www.frederic-lefebvre.org/vos-comptes-bancaires-en-france-fatca-lordre-du-jour-lassemblee-nationale/
https://translate.google.com/translate?sl=auto&tl=en&js=y&prev=_t&hl=en&ie=UTF-8&u=http%3A%2F%2Fwww.frederic-lefebvre.org%2Fvos-comptes-bancaires-en-france-fatca-lordre-du-jour-lassemblee-nationale%2F&edit-text=
As JC said above:
Canadian FATCA IGA lawsuit mentioned in National Assembly of France:
@Trish,
There is space for comment on KN’s MNP blog post of the same name, though I fear from reading the comments and his responses that he is entirely aware of the work of Cockfield and Christians, and doesn’t care to be enlightened.
Laudably, KN does decry US extraterritorial CBT, but defends the FATCA IGA and legislation in Canada as ‘practical’, in order to spare the banks. He refuses to address the legal, constitutional and human and civil rights or privacy issues at all.
Comment option is available:
http://www.mnp.ca/en/media-centre/blog/2014/9/5/fatca-is-not-your-enemy
I just thought of something here. They are combing bank records for “indicia” of U.S. persons, such as “Hold Mail” or “In Care Of” addresses which could mean anything; but zero about resident alien cardholder status. Resident aliens actually chose to get their resident alien cards from USA, unlike Canadians born in U.S. hospitals. There is nothing in FATCA to catch big offshore bank accounts of persons holding resident alien cards, but they hassle somebody for more information if they have a “Hold Mail” address.