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/
George,
Sigh, thanks for the likely accurate translation of *our self-inflicted wounds*. How exceptional.
@Calgary…….can you imagine if I had been a plaintiff in that case and their reaction to me on self inflicted injuries?
@ADCS, @Calgary……so has Arvey and the Canadian Govt both submitted the written statements on an injuction already? It reads like that.
For a nation that spends trillions on a military that exists around the world on the pretence of defending “Liberty and freedom”, it’s created some of the least free expats to represent those ideals in the world. What a laughing stock we must be!
How arrogant to say this was “self inflicted”. Why you ignorant arrogant scoundrels!!! When you say “self inflicted” you really mean “USA inflicted without notice” I have never in my life seen a country that finds old laws, brushes them off and turns them into a revenue generator at the cost of the entire world. The USA has clearly made world war 3 a financial threat to see if ANY other country in the world will protect THEIR citizens against this act of financial war. So far, Canada has failed and gave in to the enemy. Canada threw these immigrants to their country of birth and stripped them of anything Canada claimed to offer them. Every single immigrant is at risk as they are all (insert country of birth here ie: Germans,Pakistanis,Sri Lankans etc) living in Canada (according to the Conservatives, this is their new term). They are not even called Canadians anymore. Any immigrant to Canada has to fear laws they didn’t know about from their country of birth as Canada will hand them over, heck, even give their private details of how to find them.. Why do they not know? well, THEY LIVE IN CANADA AND NOT THEIR BIRTH COUNTRY!!! How ignorant Canada has become.
Perhaps this is not the right thread to ask my question but is there a way to display all the comments from a specific contributor? Thanks!
https://www.google.ca/?gws_rd=ssl#newwindow=1&q=site:isaacbrocksociety.ca+%22charlie+says%22
So much to watch for on Monday, maybe Tuesday — a stay on the CRA, an American injunction … and President Putin’s UN speech. Fingers crossed that all are successful.
Uh Madame EmBee
Ahem, what about the turnover or not of CDN info on Tuesday?
What’s up with Putin UN speech? Is something specific expected?
@ Tricia Moon
I want to think of possible positives instead of that terrible Tuesday negative. As for President Putin’s speech, I’m hoping he’ll give the West a deserved helping of just desserts regarding its unrelenting hypocrisy in almost all matters. Or he may simply wish the General Assembly a Happy 70th Session. However, it’s been 10 years since he attended and somehow I think (hope) he’s not bringing platitudes. Apparently he’s been preparing for this for a month. We’ll see.
@EmBee
I wish I could be like you….I have the four things twisting my stomach into knots for days now
monday stay or not
tuesday turn over or not
wednesday Bopp injunction or not
Oct 19, free from Harper or not
my only distraction is the Blue Jays………..
@Tricia
YES, GO BLUEJAYS! I also admit my love of the Green Bay Packers but I suppose that could be a US indicium if it became known to the dark overlords:-)
@ Tricia Moon
And while it lasts this evening we have the eclipse of the super moon. We’ve just got back from our favourite celestial viewing spot where we got a bonus, a meteorite.
@LakeSuperiorGuy
Well, I don’t think that’s TOO definitive! I used 2 love the Dallas Cowboys & Minnesota Vikings. Remember the Purple People Eaters?
@Tricia
I do…big rival of Packers, plus I’ve tons of relatives in Minnesota. I’d better clam up now!
@LakeSuperiorGuy
LOL! Haven’t kept up with NFL…we’re talking ’70’s
@EmBee You lucky! Cloudy in Toronto, couldn’t see a thing though about an hour north it was very visible and somewhat I hear, in the Ottawa area……..maybe the meteor a good omen?
With some obvious parallels, this could be a good indication of how an anti fatca action may go in Europe.
https://www.siliconrepublic.com/enterprise/2015/09/23/safe-harbour-invalid-in-facebook-v-europe-case-ecj-advisor
FWIW,
I am a lifelong NE Patriots fan which is kind of fun at the moment as the Patriots are beating the crap out of everyone both on the field and in the courtroom. Jeffrey Kessler is starting to be one of my favorite lawyers up their with Arvay and Gruber.
http://blog.masslive.com/patriots/2015/09/tom_bradys_attorney_jeffrey_ke.html
This wait is unbearable…….
The stay decision must be today……
The other decision today/tommorrow…..
Yes, the wait is unbearable.
For anyone discussing this today, WhatAmI reminded us that:
from: http://taxcontroversywatch.com/2015/09/18/fatca-update-treasury-relaxes-september-30-deadline-for-model-1-iga-jurisdictions-to-exchange-tax-information/
Maybe it’s time for Elizabeth May, Nathan Cullen and John Weston to make some follow-up phone calls to Minister Findlay on their letters requesting a delay.
I know there’s one phone call I’ll be making this morning.
They say “self-inflicted”? Are they serious? Did I tell my mother to give birth to me in the States? Her choice, therefore mea culpa? Under this logic, if she murders anyone, then mea culpa? Whoever believes this rubbish is a psychopath. I choose where I live as an adult, not where I was born as an infant. This is why taxation based on (externally imposed) citizenship is so, so heinously odious.
Thanks, bubblebustin.
I’ve also sent morning emails to those I previously contacted regarding the needed request for delay in Canadian private financial information being turned over to the US IRS — reminder of the dire consequences.
What will be the response to Putin’s address to the UN General Assembly? https://www.youtube.com/watch?v=q13yzl6k6w0 as he asks “Do you realize what you have done?”
So supposedly the iRS is going to reciprocate with Australia and provide data on US accounts held by Australians. How would the IRS have ANY such information?
1) If a Australian living in Australia (or anywhere outside the US) opens a US bank account he does NOT fill out form W9 but instead files form W8 which exempts his account interest from disclosure to the IRS.
2) If and Australian living in the US opens an account, he fills out a form W9. Interest/dividends are reported to the IRS, but not his Australian citizenship (if the bank even knows about it.) Not that reporting matters in this case, since an Australian not residing in Australia is not liable for US taxes.