cross posted from ADCSovereignty page
UPDATE September 28, 2015
CANADA
from Tricia Moon:
As we wait (and wait and wait) I thought I would tell you of a small thing that happened to me that might make a few people feel better…
I opened a (new) bank account last Friday with a different branch of BNS than the one where I still have quite a few accts. After about 3 mins, poof! Not asked “Are you or have you ever been an American citizen/U.S. “Person?” Not asked to fill out a W8 or W9.
I asked the gentleman why and he said as an existing customer, they already have done the KYC/AML procedures etc.I mentioned that I renounced, had a CLN etc and we had a very nice discussion.
However, it was interesting that he didn’t pick up that the bank could have been in error by not asking considering I very much was US for the majority of my time as their customer. Meaning lots of others who haven’t renounced/have no CLN may well not have to worry…
Many duals will obviously be able to evade detection -even with new accounts- if their banks have similar policies. He also told me that it is illegal for a bank to photocopy any identification documents. And never to let anyone take ID to do that.
So perhaps, way back when, even if one DID use a a non-US passport with a US birthplace, I can’t really imagine the birthplace being written down-just the passport number (of course, for years prior to FATCA).
September 27, 2015
from Dr. Stephen Kish:
Yesterday I attended a meeting of the Republican Overseas (RO), who are mounting their own lawsuit against FATCA and the IGAs. I met, for the first time in person, Dani Küttel, who has been posting on this site and who is one of the plaintiffs. The U.S. Government lawyers, as expected, are attempting to contest “standing” of all of the plaintiffs arguing that our wounds are self-inflicted. The decision on the RO injunction (September 28-29) will be made at about the same time as that for our request for a stay (September 28?) and their attorney will advise me as soon as the Federal Court has ruled in their case.
September 26, 2015
from Dr. Stephen Kish:
“LITIGATION UPDATE: We instructed the Arvay-Gruber team to take legal steps to prevent the handover and obtain a stay related to the summary trial appeal. It is likely now (but situation still fluid) that the Court will hear our motion for a stay. There will be no oral arguments and the court will consider our arguments based on the written submission only. The Government of Canada will also file written materials. I will release the motion when I am able to do so.
The “live feed” below will pick up every tweet that uses the hashtag#StopFatca. Please help get this message out-join our Tweet brigade (another version of Brock SWAT) now at 56! Canadians have 1 day to continue pressuring the government prior to transmission on Sept 29. Other Model 1 IGA countries have 2 days prior to transmission on Sept 30. Please advise of any countries who have received an extension from the September 30, 2015 deadline. Also please advise if you know of any governments who have notified the IRS that they want the extension.
Every US Person abroad needs to put the same pressure on their own governments TO STOP THE EXCHANGES FROM TAKING PLACE as all Model 1 IGA’s require turnover of information by September 30. Each government has TO ACTUALLY REQUEST THIS EXTENSION FROM THE IRS, so members need to take responsibility for making sure their respective tax authority/government does so.
WORLD
The Treasury Department is up to something. new CAAs signed
The titles of both agreements include the words “to improve International Tax Compliance and to Implement FATCA. I am afraid to imagine what that actually means.
A competent authority arrangement is a bilateral agreement between the U.S. and its treaty partners to clarify or interpret provisions of an existing tax treaty, such as the ones used to justify the intergovernmental agreements, or IGAs, under FATCA
“The signing of these Competent Authority Arrangements marks another significant milestone in the international effort to gain proper reporting of offshore accounts and income,” said IRS Commissioner John Koskinen in a statement. “Together in partnership with other tax authorities, we are demonstrating how far we have come in the fight against offshore tax evasion.”
ATO hands over bank details to US Internal Revenue Service
THE AUSTRALIAN SEPTEMBER 24, 2015 12:00AM
The Australian Taxation Office has handed the US Internal Revenue Service details of more than 30,000 bank accounts containing more than $5 billion in the first transfer of information under America’s Foreign Account Tax Compliance Act.The ATO said that in return for supplying the FATCA data, the IRS will give it information about Australians with US accounts that will be used to root out undeclared offshore income.Its figures imply the accounts, revealed to the IRS in the first tranche of data, have an average balance of more than $160,000.
Note: Link not guaranteed due to paywall
Jamaica reportedly will not take advantage of the delay in transmitting information to the IRS. (Waiting for source)
A Liechtenstein court that ordered a temporary injunction was to give a decision on September 18 (last Friday). We are looking for information on the decision. (hattip to Mary Margreiter)
CANADA
Making this a political issue in Canada & linking to October 19, 2015 election
Important Swing Ridings – Strategic Voting Necessary to Prevent CPC being elected
Riding: DELTA
The Honorable Kerry-Lynne Findlay
Minister of National Revenue (CRA) & defendant in Summary Trial
If you are voting strategically & your riding is Delta, pls vote Liberal
All Candidates Meeting
Wednesday, September 30, 7-9 pm North Delta Secondary School
11447 82nd Avenue Delta, BC V4C 5J6 MAP
This page has contact numbers, links to riding boundaries, other candidates running etc.
Riding: EGLINTON LAWRENCE
The Honorable Joe Oliver
Minister of Finance
If you are voting strategically & your riding is Eglinton Lawrence, pls vote Liberal
Get your T-Shirt HERE.
RESOURCES TO USE/SHARE
STRATEGIC VOTING:
Strategic Voting.com
AND Vote Together
FOR EMAIL:
ADCS PR pdf file: ADCS PR 19SEP15 pdf
ADCS PR png file: ADCS PR 19SEP15 png
ADCS letter to Minister Findlay: adcs_reqminfind_b_sep_21_2015-1
Elizabeth May GPC letter to PMSH pdf:fatca-lettertoprimeminister_0
Nathan Cullen NDP letter to Ministers Findlay & Oliver: 2015-09-21 Letter – Cullen to CRA-Fin re FATCA-1
John Weston CPC to Minister Findlay:Weston to MNR
For TWITTER:
Please use this hashtag: #StopFatca.
Please use RT on every Tweet
NB: If you RT someone, please put #StopFatca in the reply space above the tweet you’re retweeting. Otherwise, your RTs won’t show up in the feed and we want to see every single Tweet!
You can use this shortened link in order to get more info, hastags, etc into the tweet: http://bit.ly/1WaBY1i
Since it is a Twitter assault, may I suggest that you manageflitter.com use to identify your followers with the highest influence, and contact them to RT. Let the assault begin!
CRA
@KerryLynneFindl Minister of National Revenue
@AndrewTreusch Commissioner of Revenue
@JohnOssowski Deputy Commissioner of the CRA
@OTO_Canada Office of the Taxpayers Ombudsman
Ministry of Finance & Standing Committee
@MinJoeOliver Minister joe.oliver@parl.gc.ca 613-369-3710 TO office:Tel 416-781-5583 Fax: 416-781-5586
@AndrewSaxton1 Parliamentary Secretary to the Minister of Finance andrew.saxtion@parl.gc.ca
@KevinASorenson K.Sorenson@fin.gc.ca Minister of State (Finance)
@TimSargent Associate Deputy Minister
Members of Standing Committee for Finance are HERE .
If you already have followers who are not expats but may be sympathetic, share other political issues, please send them the tweet directly with the RT; don’t assume they will see it in their feed just because they follow you. Creating a network with other users is important in order to utilyze social media to the max.
Tweet to individuals
If you don’t want to write your own, you can copy/paste these (already tweeted so 140 characters or less)
CDN govt 2 turn over 1million+ of ur fellow CDNs 2 IRS
Let them know u won’t tolerate this #StopFatca RT
#StopFatca Stop PMSH from allowing IRS 2 manage
CDN banks! Protect CDNs’ privacy! Tell CDN govt NO!Pls RT
Financial info of 1million fellow CDNs 2 b given 2 IRS
bc PMSH wants 2! Violates sovereignty & privacy RT #StopFatca
Tweet to Govt/Mp’s etc:
No need 4 CDN govt 2 transfer CDNs’info due 2 IRS delay
Protect CDN sovereignty & privacy rights #StopFatca RT
Govt of CAD:IRS delays transfer of financial info-don’t betray 1million+ CDNS
Will remember on 10/19 #StopFatca RT
Govt of CAD:IRS delays transfer of financial info-don’t betray 1million+ CDNS
Will remember on 10/19 #StopFatca RT
Experienced users who can add a 2nd hashtag as well as using #StopFatca and RT
please also use the following #s as they will link to the network of other CDNs involved in the anti-harper govt re-election
#elxn42 #elxn2015 #ABC2015 #cdnpoli #GoHarperGo #harperman #StopHarper #Heavesteve2015
For FACEBOOK:
You can share from any of these groups:
https://www.facebook.com/groups/citizenshiptaxation/
https://www.facebook.com/ADCSovereignty/
https://www.facebook.com/ADSCanadienne/
https://www.facebook.com/The-Isaac-Brock-Society-341446319218930/timeline/
https://www.facebook.com/USExpatsCanada/
Or from these pages:
“https://www.facebook.com/CitizenshipTaxation/
https://www.facebook.com/AccidentalAmericans/
Other pages that also have this post/information:
https://www.facebook.com/groups/AmericanExpatriates/permalink/516231728542904/
https://www.facebook.com/groups/AARO.Open.Forum/permalink/10150558700159950/
https://www.facebook.com/groups/accidental.americans/permalink/121884294833336/
@Cheryl
I tweeted 10 of our major contacts the minute the news from IRS came
The media has received an email with the Press Release. We have an extensive media list.
Unfortunately, there is a limit to what a few people can do
@trish thanks. I tried to get started with Twitter to help but it was just too confusing…I’m not savvy enough. I’ll try to get my daughter to help me tomorrow. I must admit it scares me.
The “Kiss my Fatca(ss)” cartoon is right on target. 🙂
@EmBee
This all the more reason why Canada should have STALLED, STALLED, STALLED, but all we heard was “where do we sign?”
Disgusting.
@all, the list of those countries who haven’t yet legislated the FATCA IGA Model 1 into their domestic laws includes small ones like Croatia, the Phillipines, Belgium, etc.
So, what was the inducement or delusion that had the Canadian Harper Cons jumping, scraping and bending over to kiss the US Emperor’s ‘ring’ despite warnings from leading constitutional scholar and lawyer Peter Hogg, initial public statements by late Finance Minister Flaherty, submissions from Profs Allison Christians and Arthur Cockfield, and all the submissions from opposition MPs, individual Canadians, the ADCS, etc. ?
Makes Harper look desperate and craven.
Again, I wonder what was the price for betraying over a million Canadian citizens and residents to a foreign country, and taking orders from Harper’s boss – the US Treasury?
I refer to items like this:
“..Just recently, the BIR issued an advisory postponing the first reporting period by Philippine FIs to the second quarter of 2016, months after the initial target date of Sept. 30, 2015. The BIR also mentioned that the first batch of reports to be submitted will include information relating to 2014 and 2015 US reportable accounts.
The main agreement also makes it clear that although the IGA has been signed, it is a part of a longer negotiation process. The IGA shall enter into force on the date of the Philippines’ written notification to the US that the country has completed its necessary internal procedures for implementation. This includes being satisfied that the US has established safeguards and infrastructure on information that will be exchanged. The agreement can also be amended any time before Dec. 31, 2016..”…
from
http://www.bworldonline.com/content.php?section=Economy&title=fatca-where-are-we-now&id=115621
and,
Belgium hasn’t yet passed domestic laws to implement a FATCA IGA;
https://home.kpmg.com/xx/en/home/insights/2015/09/tnf-belgium-update-fatca-reporting-2014.html
The first time I went to the Central Bank in the Philippines, a sign was posted warning that Filipinos were not allowed to hold bank accounts outside of the Philippines except when they obtain permission from the Central Bank.
I wonder how the US enforced that. I wonder how many US banks reported accounts.
By the way the IRS used to be called BIR too. The old name included one Orwellian lying word instead of two.
@Cheryl
Thank you so much for trying. I know how daunting Twitter can be; I used to feel dizzy just looking at a Tweet with all the weird signs and numbers etc. If it weren’t for Just Me, I would never have bothered with it. Way back, there were only about 7 or 8 expats we knew, who were active and he impressed upon me how important it was that we make use of social media. It feels totally “natural” to me now and IMHO, Twitter is potentially the most powerful of the forms I am familiar with (I don’t think Facebook for instance, is nearly so useful for our purposes.)
@Trish I just sent a tweet to JT, PMSH and TM but I don’t know how to tell if it went out my #Stateles_CA. I’m trying.
Yay, Cheryl.
PACC just tweeted on behalf of the ADCS cause:
https://twitter.com/PACC_CCAP/status/646124381844951040
Thanks for letting us know, JC — and for your, Tricia’s and all other Twitter Tweeters.
And thanks PACC (PACC / @PACC_CCAP / The voice for privacy & access in Canada).
@Cheryl
Fantastic! It takes time to get used to. You can email me anytime to trade tips, info etc
I can’t find you. Is this right @Stateles_CA?
Try bookmarking your twitter page so you can always find it. Then you can click on the #Tweets linl under ur handle and a new page will open with the tweets you have sent-on that second page is also a link fot tweets and replies. Once I find you we can follow each other and so on plus I am going to make a list for all the expats who are connected…..
Thank you!
If Stephen Harper needs an IRS contact, he could start here.
http://www.irs.gov/Businesses/Large-Business-and-International-(LB&I)-Division-Directory
COMMISSIONER
Douglas W. O’Donnell
DEPUTY COMMISSIONER (DOMESTIC)
Sergio E. Arellano (Acting)
Internal Revenue Service
Street Address:
Mint Building
801 9th Street, NW
4th Floor
Washington, DC 20220 Mailing Address:
1111 Constitution Avenue, NW
Large Business and International Division
Attn: SE:LB
Washington, DC 20224
TEL: (202) 515-4400
FAX: (202) 515-4437
DEPUTY COMMISSIONER (INTERNATIONAL)
Dave Horton (Acting)
Internal Revenue Service
Street Address:
Mint Building
801 9th Street, NW
4th Floor
Washington, DC 20220 Mailing Address:
1111 Constitution Avenue, NW
Large Business and International Division
Attn: SE:LB:IN
Washington, DC 20224
TEL: (202) 515-4343
FAX: (202) 515-4455
I’m sure one of these people could help.
Perhaps an NDP or Green Party MP could write directly to the IRS asking for an extension?
Maybe the PEOPLE of Canada should contact the IRS and ask them for the extension?
@Trish, Could you give me your email address. I still don’t think my tweets are getting out. They are not showing up on this site and so I wonder if they are not showing up anywhere else??? Thanks
I think the lack of response on this issue from anyone in the government proves that they really wanted to implement FATCA in Canada and turn over this data to the IRS all along. Their cover story about being forced to do it against their wills to avoid crippling sanctions by the US is a load of bunk. The CPC is a party that wants to make Canada into ‘Little America’ and their actions in government show this to be true at every turn. A good example that I discovered the other day involves the new Canadian Citizenship rules brought in under Bill C-24. On the Citizenship and Immigration Canada website, it now says that one of the requirements for becoming a citizen is:
“Income tax filing
You must have met your personal income tax filing obligations in four taxation years that are fully or partially within the six years immediately before the date you apply.”
So, is it now correct to assume that, in Canada, citizenship is conflated with taxation, just like south of the border? One’s citizenship, and the rights and responsibilities pertaining thereto, have exactly f***-all to do with taxation! Taxation is an administrative levy implemented by a jurisdiction to cover the cost of services provided in said jurisdiction, nothing more. To conflate that with one’s citizenship is absurd in the extreme and smacks of typical American hyper-patriotic, irrational nonsense. So, is CBT in Canada coming next?
Will this pattern of continuing nonsense be Canada’s ultimate destiny? To become just another ‘Little America’ to the north that copies everything the actual America says and does? Pathetic.
@Cheryl
email me at
nobledreamer16 at gmail dot com
@ RefugeeFromAmerica
What a well thought out comment. I follow your reasoning and sometimes I think the North American Union has already happened but they’re just not telling us about it.
@EmBee
Yes, I think the North American Union is already here, but they will just never call it that overtly. Actually, I think it is much bigger than just North America, sadly. The US, through it’s economic might and veiled threat of thousands of H-bombs, essentially runs the world, whether anyone wants to admit it or not. No western nation will stand up to them on any issue. This is what happens when you cede your sovereignty to the supposed good guys in return for protection, but the good guys, due to the corrupting influence of their near-absolute power, become bad guys. We all live in an American-run world prison and most people don’t even realize it.
As for more evidence of Canadian capitulation to American demands, here is info from the Canadian government about a new program to force people visiting Canada (or transiting through Canada) to obtain travel pre-authorization from the government:
“Starting March 15, 2016, visa-exempt foreign nationals who fly to or transit through Canada will need an Electronic Travel Authorization (eTA). Exceptions include U.S. citizens and travellers with a valid visa.”
What good is having a visa-exempt program for certain countries if you are going to then require their nationals to obtain a separate travel authorization? Sounds like another kind of visa, no? When will this North American security paranoia ever end? The US has an almost identical program called the Electronic System for Travel Authorization, ESTA. I’m sure that the US demanded that Canada implement an identical program, the eTA, as part of the recent Beyond the Border security plan and Harper and the Conservatives jumped right in and did it with fawning, US-adoring glee. I think I’m going to go live on a deserted island somewhere…
“Income tax filing
You must have met your personal income tax filing obligations in four taxation years that are fully or partially within the six years immediately before the date you apply.”
I wonder why not six of the six past years. Part of the oath is to obey laws of Canada. Of course as residents even before citizenship the law required six of those six years, but it doesn’t hurt to double check.
‘So, is it now correct to assume that, in Canada, citizenship is conflated with taxation’
There is no such indication from what you quoted. Aside from not having intended to stay in Japan so many years, the fact is still that I don’t have to file Canadian tax returns most years. When I had no Canadian sourced income other than dividends and interest, withholding at the source was the same as for any non-resident. I couldn’t even get refunds by filing (unlike the US, where the diaspora could get refunds in years where the IRS’s identity thieves hadn’t stolen the withholding). I only have to file Canadian returns for years where I have other kinds of Canadian sourced income.
Canada actually has SBT + RBT (source based taxation + residence based taxation), sensible and compatible with most of the world. No sign of CBT (Eritrean Style Taxation) there.
‘What good is having a visa-exempt program for certain countries if you are going to then require their nationals to obtain a separate travel authorization? Sounds like another kind of visa, no?’
No. I haven’t looked at the price of a Canadian tourist visa application since a Canadian consul promised my wife will never get one, sorry. But she paid US$160 for a tourist visa to go to US Tax Court. The fee would have been the same if her visa application had been rejected. Unless there are fees and rejections of authorizations to applicants from visa-exempt countries, it’s not the same.
@Norman Diamond
When I became a citizen of Canada, there was no mention of taxation whatsoever and no requirement to certify anything tax-related to become a citizen. Also, if you look into the history of the Canadian tax form, T1135, you will see that it is morphing into something like a Canadian FBAR. Under the current government, it has grown into a form requiring balances and account numbers from all foreign accounts (if the aggregate is greater than $100,000) and the penalties are now much more severe. There is also no appeals process built into the penalty scheme for this form, unlike all other Canadian tax forms. There are definitely actions going on behind the scenes in this government to tie taxation to citizenship and to implement American-style reporting of financial assets. If the Canadian government were to ever make CBT the law of the land, it looks like they will already have all the pieces in place behind the scenes to create a system that closely mirrors the American one. Never say never.
“When I became a citizen of Canada, there was no mention of taxation whatsoever and no requirement to certify anything tax-related to become a citizen.”
Same for me, but so what? For me there was a promise to obey the laws of Canada. Did you make such a promise?
“Also, if you look into the history of the Canadian tax form, T1135, you will see that it is morphing into something like a Canadian FBAR.”
I haven’t seen it. Does Canada require me to file one while I live in Japan?
Japan got something like an FBAR too, for residents (including temporary residents) of Japan. Non-resident citizens of Japan and non-resident aliens of Japan don’t have to file them.
I haven’t seen any evidence of CBT (Eritrean Style Taxation) or AFU (American Filing Universe) coming to Canada or Japan. AFU is Situation Normal only for the US as far as I can see. Do you have some evidence that you didn’t reveal here?
“There is also no appeals process built into the penalty scheme for this form, unlike all other Canadian tax forms.”
Oh that’s bad.
US tax law experts have remarked on the badness of a particular law that the IRS has abused to prevent appeals process too. If the IRS alleges that a person had unreported income or most other alleged misdeeds, there is an administrative appeals process before going to court. If the IRS alleges a mathematical or clerical error then the usual administrative appeals process doesn’t apply, and the IRS has been abusing that law by alleging mathematical or clerical errors for things which clearly aren’t. A few weeks ago I accidentally discovered that the IRS should have sent me a notice number CP2000 for 2005 and maybe other tax years, when Monica Hernadez stole withholding from Forms 1099 so IRS records didn’t match the withholding that I declared. If the IRS had sent CP2000 then the situation would resemble the mathematical or clerical error situation except that there would be no administrative appeals process at all, but I would be able to demand a Notice of Deficiency and proceed directly to Tax Court. So the IRS, besides sandbagging me by stealing my withholding and altering records of my returns and framing me for fraud, also conveniently forgot to send me CP2000 so I couldn’t guess what was going on or what to do. I’m trying to demand CP2000 notices now, but the IRS refuses even to tell me the address of my local appeals office.
So yeah, the absence of an appeals process is really really bad.
“If the Canadian government were to ever make CBT the law of the land”
If they do I might end up stateless. Even communist countries, even the successor countries when the former USSR broke up, don’t do it. Eritrea, US, and Canada, wow what a team. Let’s hope Canada won’t do it.
But taxation of residents, so what. Only the absence of an appeals process is bad.