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/
John Weston’s assistant told me that she’s left a message with the Revenue Minister’s office today to make sure that Mr Weston’s letter actually went to Minister Lynn-Findlay and not to her communications department.
Agreed… It’s not only Australians they are to supposed to provide reciprocal info on.. It’s EVERY citizenship corresponding to EVERY country whose signed an IGA… Now how Ya supposed merica is going to ask EVERY bank account holder their place of birth AND Citizenship?
Go to ANY US bank’s website and try to open an account. It is very simple to do and no questions of your place of birth. The USA will never reciprocate at all. That was a lie to get the IGA’s signed.
@ calgary411
I found the woman translator a bit hard to follow so I read the transcript of President Putin’s UN speech instead. He did not disappoint. If anyone else is interested it’s here. (Click on Statement: English for the pdf.)
http://gadebate.un.org/70/russian-federation
In a sane world Obama’s ears would be burning but more likely he has his fingers in his ears and is saying, “Na na na, I can’t hear you!” Guess we know, only too well, how that feels.
Thanks, EmBee.
@EmBee Never thought I be inclined to say that Putin sounded like the sanest one in the room! (Although sounding like and actually being are only proven with time). Everything I once held as core beliefs are now upside-down leaving no firm ground to stand on. Maybe I’m becoming in inadvertant Buddhist!!!!…..had been the fool that actually “thought” there was a firm ground to stand on in the first place. (I shamefully admit I once sipped a wee bit of US kook-aid).
@Charl….at one time I guzzled the kool aid, it was dripping down my face and my shirt sleeves were stained with the kool aid………
@George, thank you for the chuckle. We certainly need one while awaiting the guillotine! Damn this waiting is hard on the nerves. it is just AWFUL to have ones fate dictated by those that just don’t give a flying fig about you. (I remember reading someplace awhile back that this mess had rendered this person vacillating between homicidal rage and suicidal depression…..ya, I sure understood that one). I seem to be stuck in the rage stage! Rather like a cornered animal in the wild.
@Charl, I was serious on the kool aid. I not just came from the plantation, I was the proverbial house slave. There are times when I wonder if this is penance for my past.
Anyways, I thought it was amazing that the Government went through all the data slips to determine that Ginny and Gwen had not been ratted out.
Ok, what’s this?
http://www.taxconnections.com/taxblog/irs-intends-to-amend-sections-1471-1474-regulations-to-extend-the-time-that-fatca-transitional-rules-will-apply-2/#.VgmnXsRHarU
Sorry, it’s the same notice. I thought the IRS was throwing another curve ball. Very jumpy here…
“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.”
He files form W8-BEN, his account interest is supposed to be reported on Form 1042-S, US tax is withheld from interest some years but not others and at rates which do or don’t comply with tax treaties.
“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.)”
Part of the point about reciprocity here is that the US supposedly forces its banks to start doing this investigation for 190 countries. American banks should be really happy about FATCA after that.
Besides which, some banks do demand copies of passports, and ITINs.
“Not that reporting matters in this case, since an Australian not residing in Australia is not liable for US taxes.”
You mean not liable for Australian taxes. Which also means, under reciprocity, all American banks should be forced to collect 2 times 190 pieces of information: every customer’s citizenship AND every customer’s place of residence. And oh yeah, every customers’ ancestors’ citizenships going back around 3 generations.
“http://gadebate.un.org/70/russian-federation”
Already censored! Does anyone have a copy they can post?
Looks like it is still here (perhaps in entirety?) http://www.kentucky.com/2015/09/28/4061291/text-of-russian-president-vladimir.html
I’ve saved into a Word document.
Michael DeBlis writes about the delay and references a Hill article Lynne Swanson wrote about the ADCS lawsuit.
In the case of delaying FATCA, Justice delayed is Justice continued, Michael.
http://www.taxconnections.com/taxblog/justice-delayed-is-justice-denied-michael-deblis/#.VgnI8cRHarV
Twitter lessons learned:
Above I urged tweets and retweets to @KerryLynneFindl to try and get pictures in her picture board. I am learning a bit too. Those were great, and helped those tweets stay on and at the top of her “Top” page. Yet I think we will not get into the picture board on the “Top” page as Twitter reserves that for the account of the person – in this case @KerryLynneFindl. However the tweets and retweets work well to get into the picture board at hashtag pages such as #StopFATCA and #FATCA.
As mentioned: a picture is said to be worth a thousand words, and tends to get noticed more.
Re: #StopFATCA. This is a nice short message in this hashtag. I see tweets to that yet may I suggest that those tweets also be addressed to someone else and or include another hashtag. We are dominating #StopFATCA yet I view that as a bit of “preaching to the choir.” That is why I tend to include #FATCA along with #StopFATCA. I suppose we want to attract attention to #StopFATCA from those who may not have this viewpoint.
This is a Twitter conundrum I have: It seems my twitter power – to get onto the Top page of #FATCA and elsewhere is not as powerful as others. One idea that perhaps these other people have been with Twitter for longer. Another idea is that Twitter favors individuals over entities and that my handle JC Double Taxed may be associated as an entity. Another idea is the more followers you have the greater the twitter power. If it were Google they would want you to complete your profile including picture etc. I have done that. I have seen other people without many tweets or followers and seeming new to Twitter get on to the Top page quite easily. ?
“http://www.kentucky.com/2015/09/28/4061291/text-of-russian-president-vladimir.html”
Thank you. That was a good read, and refreshingly honest. I’m not sure how the discussion came to this site though.
That started back here, ND: http://isaacbrocksociety.ca/2015/09/19/the-stopfatca-press-release-and-social-media-page/comment-page-7/#comment-6621373
@ Norman Mailer
I’m the guilty party. I tossed President Putin’s Monday speech into a comment last evening.
http://isaacbrocksociety.ca/2015/09/19/the-stopfatca-press-release-and-social-media-page/comment-page-7/#comment-6621373
@ calgary411
LOL … 9:06 pm … a tie!
Still standing by as per my Liberal candidate’s instructions last week.
In the meantime:
Trudeau will be at the Joe Peschisolido campaign office tomorrow 11:30 AM – 3:00 PM
8091 Westminster Highway,
Richmond, BC
V6X 1A7
Late here, just got home from an all candidates debate and OMG sparks flew and it will be in the newspaper tomorrow. The audience was angry to hear about Fatca and to hear the Con candidate calling all immigrants to Canada “duals” right there in person!! Will do a complete write up tomorrow along with the newspaper link to the story. At both debates, I had a total of 5 people approach me after and tell me they were “hiding” their birthplaces from their banks and the CRA. These 5 people were all in their retirement years….. More tomorrow!
Thank you Native Canadian for your perseverance and guts! Looking forward to your coverage of tonight’s events tomorrow.
@NativeCanadian Were you wearing your famous t shirt? https://twitter.com/JCDoubleTaxed/status/648355807944290305
The US place of birth taint will disappear again by one method or another whether the US Congress likes it or not – you can rest assured that will happen. The US Congress can’t control everything outside its sphere of influence inside the US borders.
FATCA will be invalidated by whatever means necessary.