Dear Supporters,
Many of you probably predicted that I would not be saying this today, but this message is not a dream: You came up with yet another $100,000 payment — now making a total of $400,000 provided to the Arvay team.
In the last twelve days you actually donated more than $40,000 — an amazing achievement for small donors. This accomplishment proves to all those people who want us to fail — that we are very determined.
You gave until it hurt and then you gave a lot more. It’s hard not to get teary-eyed over the generosity of our supporters, who have come through every time.
We know that the pace of your litigation is painfully slow, and this is unfortunately as expected. The Government will continue to do its best to slow down the process, but we now have the assistance of a case management judge to help keep the process moving more fairly.
We filed in August 2014 and it has taken a very long time (one year) before we are finally into a (summary) trial (August 4-5, 2015). We cannot predict the outcomes of this trial, based on only part of our arguments and, with your continued support, we will prepare for all possibilities.
[Happy birthday Gwen!]
Thank you for your trust,
Stephen Kish,
ADCS-ADSC Chair,— on behalf of Plaintiffs Ginny and Gwen, their families, and the ADCS-ADSC Directors
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Chers amis et donateurs,
Certains d’entre vous avaient probablement pensé que je ne pourrais pasvous annoncer une si bonne nouvelle aujourd’hui. Mais voilà : ensemble, nous avons réussi à ramasser un autre montant de 100 000 $, ce qui fait un total de 400 000 $ à remettre à l’équipe de MeArvay.
Dans les 12 derniers jours seulement, vous avez donné plus de 40 000 $, un exploit tout à fait extraordinaire pour des « petits donateurs ». À tous ceux qui souhaitent nous voir échouer, cette réussite prouve que nous sommes des plus déterminés. Et que nous réussirons.
Vous avez donné jusqu’à ce que ça fasse mal, puis vous avez donné encore. Difficile de rester insensible devant une si grande générosité.
Nous sommes bien conscients du fait que notre litige avance de façon péniblement lente. Malheureusement, tout ça est normal. Le gouvernement continue à ralentirle processus, mais on nous a maintenant attitré un juge responsable de la gestion de notre dossier qui veillera à ce que le processus progresse de façon plus juste.
En août 2014, nous avons engagé une poursuite contre le gouvernement canadien. Près d’un an plus tard, nous avons enfin la date pour notre procès sommaire : les 4 et 5 août 2015. Impossible de prévoir le dénouement de ce procès, basé uniquement sur une partie de nos arguments juridiques. Mais avec votre appui, nous serons prêts pour toutes les possibilités.
(Bonne fête, Gwen !)
Au nom de nos deux plaignantes, Ginny et Gwen, de leurs familles et des directeurs de l’ADCS-ADSC, je vous remercie de votre confiance.
Stephen Kish,
Président de l’ADCS-ADSC
GeorgeIII: The idea here is to fight a cynical and misguided bunch of laws that oppress “US persons” living abroad.
If nobody fights, nothing will happen. US citizens abroad will have a choice between returning to the US or renouncing or struggling with costly and impossible compliance. It truly is a situation of tyranny. It is soft tyranny, nobody is going to pull out our fingernails. But it is restriction of basic freedom to live and work where you want (see the posts of people who cannot open a bank account in Japan and thus cannot work and get paid). It is also a major invasion of privacy that is taken for granted by citizens of democratic countries – privacy of your bank accounts, how you spend your money, etc.
Therefore one must fight. How? Together. Where? In Canada because, as I mentioned earlier, geography has made Canada the most at-risk nation for harboring many US persons. The number of affected individuals is huge and growing.
What are they doing: this website, and others, and this lawsuit. It is the only thing they could do. It, hopefully, will force governments (US and Canadian) to reconsider the current situation. The IGA is, for little people and local banks, worse than the brute force of naked FATCA. Because without the IGA, in theory, you could be a Canadian banking with a local bank, and completely oblivious to the USA’s gross invasion of privacy. You would be able to ignore them. Bank normally. And sanctions wouldn’t work with banks that have no US business.
So if you shoot down the IGA, you open a niche for people to be able to go on being law-abiding residents of Canada. Without having to deal with the US. And other countries will take notice. Hell, maybe China and India will follow. The EU. And then in order to save face, the US might reconsider and we will obtain the only end to this struggle, that is residence-based taxation.
I personally am totally unafraid of using my credit card to donate. It is an EU credit card and I am, so far, known to them as an EU resident.
Also remember that the IRS has come under huge criticism for targeting right-wing groups in the US. Targeting this site, using surveillance techniques and the NSA, is certainly possible.
It is highly unlikely that they will be scrutinizing PayPal or whatever to make a list of names here. It would be highly ironic with their lack of means and rampant tax problems they have in the “homeland” (could Orwell have coined a better totalitarian name?).
But let me tell you this: if the US is going to use espionnage to figure out who is giving $150 to this effort, or even reading this site, and use that to single people out for not filing FBARs willfully, then it is HIGH TIME we fight even harder and donate even more, even more publicly and loudly. Otherwise might as well just sign it all over to the IRS. Then turn around, bend over…
@All @Watchers
I just read the: RICHARDSON KISH COMPLAINT TO THE UNITED NATIONS: August 2014 Human Rights Complaint to United Nations Re: United States Citizenship Taxation.
The content of this complaint has been confidential up to now to allow deliberation by the United Nations.
https://app.box.com/s/yn25x1gketbzrkqp2ghu5sbce7mqoynu/1/3445133780/28811387474/1
Read in its entirety and it will become strongly apparent that the Richarardson/Kish team is the one to back to combat the injustices of FATCA, FBAR, and CBT.
Such focus, dedication, and comprehensive grasp of the laws and injustices and energy directed against FATCA, FBAR, and CBT is priceless.
Encourage more of the same with your donation to ADCS!
Amendment: Richardson/Kish/Moon Team and supporting community.
Very impressive. Next I’ll read the rest of the team’s submission to the Senate Finance Committee.
JC,
I did sign the Human Rights Complaint to the United Nations, but the Complaint was not a Richardson Kish effort but rather an effort led by @MuzzledNoMore with the help of many people.
See: http://isaacbrocksociety.ca/2014/07/28/human-rights-complaint-on-behalf-of-all-u-s-persons-abroad-has-now-been-submitted/
John and I decided to include the Complaint as part of our formal submission to the Senate Finance Committee. I emphasized in the short preamble that I wrote (that Muzzled added to) that one of the reasons for the Complaint was that the United States (especially the House Ways & Means Committee from our hundreds of submissions) was obviously well aware of the harm caused to us by citizenship taxation, but had not made any effort to repeal this bad legislation. There was no choice but to go to the UN and complain to a higher organization.
Thank you, Fred.
@ GeorgeIII. In case you did not notice, there are no big donors to this effort. This all a bunch of little people. If the IRS is really stupid enough to blow their resources spying on PayPal and then chasing small time donors to see if they might possibly be delinquent taxpayers, then let them go at it. I highly doubt that even the IRS is that stupid, particularly in the face of so many budget cuts and restraints. I believe there is a better chance of an ISIS terrorist strike on Baffin Island.
@JC – I just read your kudo to the Richardson-Kish team. I definitely agree; their efforts on our part have been extraordinary, well researched, articulate, timely and expertly well coordinated. We all owe them our deepest thanks for pulling these submissions together and literally carrying our message to the US lawmakers.
That being said, I must correct your reference to the “RICHARDSON KISH COMPLAINT TO THE UNITED NATIONS: August 2014 Human Rights Complaint to United Nations Re: United States Citizenship Taxation.”
This amazing document was written mainly by one Brocker (yes, one of us mere-bloggers), with some advice, suggestions and input by a number of other Brockers (yes, us mere-bloggers) around the country of Canada. But, to my knowledge, with no input by either Mr. Richardson or Dr. Kish. I just wanted to give credit where credit is due (see what we can do when we work together!!!!). The main author can “out” his/herself when ready (or not at all) but we are in the deepest debt to this person’s courage and tenacity to not only create this organized and poignant document but also to get it to the United Nations on our behalf.
For those of you who cannot be on the front line but still care deeply about our rights and freedoms and the sovereignty of Canada to stand by it’s long-developed and worthy laws, and are incensed at the over-reach dragnet policies from the US that are being imposed through economic threats, dig a little deeper in the penny-and-quarter jar (and your tax refund and your weekly “eating out” budget line) and send another contribution to support ADCS, Ginny and Gwen. The Canadian constitutional challenge is the only litigation against FATCA in the world. And the world is counting on us (which includes any Brockers or lurkers from outside Canada so, please, you too send in some support for our legal challenge)
It is so great to see 4 fours and a three up there in the update today. My husband is glad his donation FINALLY arrived (Canada Post was slower than other times). @Eurotwig, Prairie, Central and the others — thank you for the big boost. The Sovereignty Thermometer needed it and so did our morale.
@MuzzledNoMore and the others involved with the UN Human Rights Complaint
I finally got to read it today. I am very, very impressed and can only say, “Come on UN. Get going on this!”
@ All – I just noted that Stephen Kish also corrected JC about who the author of the UN Human Rights Complaint was. While there were others who participated, since the name is out there now, I guess I can offer my kudos (and encourage loud applause and big hoorays and plenty of thanks) to (wish I could bold and highlight this) MuzzledNoMore!!!!!
AND HIP HIP HOORAY FOR THE RAISING OF THE ADCS THERMOMETER, AND ONLY $44,443 NOW NEEDED BY MAY 1. That is still a lot, but it’s moving in the right direction, folks!
@calgary411
Well I’m not that young myself anymore–late forties 🙂 .
@All
Because to the best of my knowledge, I am compliant with all tax laws and related FBAR and FATCA laws–and in addition my tax affairs are relatively simple–I believe that I am at relatively low risk of being harassed by the IRS. Of course the risk is never zero but I think it is low.
Litigation is unfamiliar territory to me so I’m only going by intuition but the LITIGATION UPDATE today looks positive to me. The government’s dragging feet appear to have been brought to the fire.
Your last litigation update indicated that Mr. Arvay was to begin a legal proceeding in Federal Court to prevent the Government from disclosing the banking information that it will be collected from the banks to the U.S. government. Is that still a possibility? I believe the first reporting is to occur this summer.
@EmBee
Yes the litigation update today looks to me to be excellent news! Congratulations to all but especially Arvay and team, Ginny and Gwen, and the directors of ADSC-ADCS for getting us to this important milestone!
Even without full disclosure of everything that happened today, the shape of the case is now–at least from my vantage point–much clearer than it was 24 hours ago. That’s why I see the first such hearing in any case–today’s hearing in this case–as really important. You get your first clear sense of what the case is going to look like.
Thank you for the litigation update. It will be good to get a hearing of any kind going, particularly before the fall Canadian Federal Election. Lets hope this will warrant some news coverage.
@MuzzledNoMore Outstanding effort on the Human Rights Complaint. I can see that the Opposition are in deep trouble with you on the team. It is real stuff and not just me commenting away.
Human Rights Complaint. This is a whole new angle. I was hoping that it would help gain extra coverage from new quarters of the injustices that we face. And also form a new pillar of support for our case. The product is there. Now a bit of marketing/PR nous need be applied. And, hopefully it would spark some action by the UN. I did see on TV a few months back members of the UN in Detroit about electricity shut offs there – so we may only hope.
I have only gotten through 1/7 of the total submission. I sent a last one in myself directed more to the Australian Ambassador to the US (on Australian FATCA page, here). I had hoped to highlight to the Senate Committee the potential for/cost to the US of ruffling diplomatic feathers with the CBT policies.
There are so many others to thank with the 6/7 of the submission including all who have shared their stories.
We/the case are looking more formidable now. Extra contributions to ADCS will surely help all those so dedicated who have worked on this so far including Ginny and Gwen and the courage exhibited by them.
@ Heartsick (and all)
“Lets hope this will warrant some news coverage” I suggest we make certain that there is news coverage. Since I (and most of us) have never been involved in a real-life court case (and, particularly, not a Federal case) I’m also wondering how quickly one is able to have access to the full court transcript. Highly doubt that one could video-tape the proceedings (ah, to be a fly on the wall – – anyone planning to attend?)
I would appreciate a brief explanation of what a summary trial is and its place in a larger legal proceeding.
Thank you so much, Stephen, LM, JC and EmBee (hope I didn’t forget anyone!) for what you’ve said about the UN Human Rights Complaint. I am so thrilled this document is finally “out there”! I am so grateful to the team that helped put it together. While I did write the first draft and received much editorial assistance from the team, a large portion of the document, particularly the technical “background” section, was heavily rewritten by one of our staunchest legal supporters who I will not name in case this person would rather not be identified. I am sure that all will be revealed as things progress.
I hope that the publication of this document will help to spur on the donations!
I believe one of the benefits of a close-dated summary trial is it will get media coverage sooner: this will be newsworthy, especially with Arvay at the helm. It may boost crowd-funding as well, and pull in more potential witnesses or plaintiffs to the issue.
I have to wonder if the summary trial argument is a direct focus on the Section 15 Charter violation (which to me is blatant and egregious, and all the worse for being made in response to foreign coercive threats) … or a technical case based on a “textualist” argument against the statute.
Looking forward to finding out … Go ADCS!
I have read through the submissions sent to the SFC and think they are great. I have a general question that hopefully someone can help me with. Its about residency in the United States. Two points:
1) I live in a border town about ten minutes from the USA border. I go across the line for no more then 30 to 60 minutes once or twice a week for gas and a little groceries.
2) A few years back, I spent three and a half months as a low paid intern ($1000.00 a month) at a university in the USA coaching a sport for the season.
3) I am USA tax compliant (not happy about it)
I was reading through the submissions and saw the part where immediate relief for accidentals was suggested. I am an accidental, born and raised in Canada who had one American parent. I was scolded at the border at 18 years old and told to get a USA passport when the border guard asked why me and my parent had different passports (me Canadian and theirs was American). That’s when I found out for the first time I was technically an American. I went out and obtained a passport and social security number not because I wanted one, because I was told to do so to enter the USA because “now you know your an American and American’s are supposed to have USA passports to re-enter the States”, stated the border guard.
Will I be considered to have been a resident of the USA because I took a low paying internship at a university for three and a half months? I think I was more of a visitor. I never got a DL or anything for only three and a half months. I was also wondering if my once or twice a week quick jaunts across the border for gas will disqualify me for some of the proposed emergency relief programs. I know they are just proposals, but I am curious.
I hope the fact that some of us accidentals who did what we were told to do by border guards and obtained passports or social security numbers are not disqualified from any potential relief to accidentals, born outside the USA and had citizenship forced upon us at birth. Obtaining a passport and social security number because you were told you had to and you were trying to follow the law should not be viewed as a sign of embracing unwanted American citizenship.
@Phil
For the purposes of determining your US residency, there is a formula based on the number of days resident in a given tax year, the previous year, and the year before that. Unfortunately any day on which you spend any amount of the day in the US counts, I believe, although based on what you’ve said, you probably haven’t accumulated enough days to be claimed by the US as a resident.
I’m concerned, though, that your bigger problem if you are hoping to claim the kind of relief I believe you are claiming is going to be:
“4. has never held a U.S. passport or has held a U.S. passport for the sole purpose of departing from the United States in compliance with 22 CFR §53.1,”
(See: http://isaacbrocksociety.ca/2015/02/03/obama-fy2016-budget-proposes-limited-relief-for-accidental-duals-at-birth-who-give-up-u-s-citizenship/comment-page-9/ )
Unfortunately it looks like–sadly under duress–you did acquire a passport, and not just for departing the US. Perhaps others can advise if there is a way of interpreting the regulations that is favorable to you.
Interestingly your post is an important one as I see it. This is the first time that I can recall–and I’ve been following this blog for the better part of two years–when the US has attempted to foist an unwanted citizenship on someone born outside the country. The US does this a lot for “accidentals” born in the US but I’ve wondered a number of times whether in practice this ever happens for someone born outside the US. It looks like–unfortunately–you are an example of such a situation.
Hopefully you can claim that your acquiring a US passport was solely to comply with regulations and not because you actively wanted to claim US citizenship. Like I say I think you are OK when it comes to the number of days in the US. Good luck!
Phil. Don’t hold your breath. It’s just a proposal- unlikely to amount to anything. You are compliant and also not subject to any exit tax. I think your best bet is to renounce ASAP.
This is such a *clear as mud* subject. From all I’ve been told by immigration/nationality lawyer in Washington, DC and also by Department of State / Legal, if your facts determine, you are automatically a US citizen from your first breath taken in another country (as my children). There was no *claim* to it. As we all know, it is easier to not be identified if your other-than-a-US passport does not show a US birthplace. I tried very hard to get someone in DOS to tell me YES or NO — is there or is there not a *CLAIM* to US citizenship? The closest was from DOS / Legal:
My children’s birth situation (born abroad to two US parents) and Phil’s (born abroad to one US parent if meeting definition below) ACQUIRES by their birth US citizenship.
http://travel.state.gov/content/travel/english/legal-considerations/us-citizenship-laws-policies/citizenship-child-born-abroad.html
This illustrates, per John Richardson’s advice, that the first thing to do, before any other step, is determine if one IS a US citizen.
As I have commented before if there is such a thing as citizenship-based taxation (in the US or any other country) with all of the consequences that brings, now especially with IGA signed to bring FATCA law to other countries to over-ride those countries’ laws, there should be a CLAIM to US citizenship (i.e., not automatic acquisition), when that person is of age and of requisite mental capacity — and with full knowledge of all of those consequences as well as any benefits by making such a claim. If no CLAIM were made at age of majority and also with requisite mental capacity, it is all NULL and VOID. If that were the case, all of these children such as mine, such as Phil, such as Gwen and Ginny, would not be in today’s predicament — as they are, as Stephen describes *accidentals*, *NON-MEANNGFUL’S*.
I agree with Duke of Devon that Phil’s best course of action would be to renounce his non-meaningful US citizenship. (Unfortunately, my son cannot do so for any amount of money because of his lack of *requisite mental capacity* to understand what citizenship is, etc.)
P.S. Phil description of his *conversation* with a US border official is the reason I will not cross the US border with my Canadian-born son who has only a Canadian passport (and no SSN and no US income tax return or FBAR/FINCEN reporting compliance). I will not take the chance of subjecting my son to such an intimidating situation at the border. He could likely (at least now) cross the border with anyone be me, his mother, who has renounced and has a CLN to prove she is no longer a US citizen. It wouldn’t take much for the least savvy border guard to put two and two together to ask my son if I were his mother and then the same conversation ensuing as Phil’s.
PLEASE, someone with PAYPAL, send something today. We need to test that system to make sure it is working properly. There’s already a bit of concern about the slow mail. We’ve only got 11 days to make a May 1st Miracle.
I have just (5 minutes ago) used the Donation page to donate $250CDN, using a credit card (not PayPal as I do not have a PayPal account).