Some of you may wonder whether your private banking information was sent by your bank to Canada CRA, for subsequent turnover to the United States Internal Revenue Service — because you have some U.S. indicia.
For the few who are willing to do this, I ask that you make the above very specific request to your bank officer (see draft letter below). If your bank refuses to provide you with this information, or makes it difficult, get the name of the individual you spoke to and write down what was said and when. Best would be a refusal in writing.
I am looking for a single brave soul willing do this, which would find its way into an affidavit for our litigation.
I personally think that it is outrageous that “our” banks do not automatically notify a person if they have been reported to the CRA arm of IRS — but that is another issue.
Here is a draft letter that you could send to your bank customer service representative or simply provide this message by phone to the rep. Do NOT spend any time going to another official at the bank. A draft:
“Local Bank officer,
I am a customer at your bank and have [ ] bank accounts.
I understand that on September 30, 2015 Canada CRA turned over private banking information on 155,000 accounts to the United States Internal Revenue Service (IRS).
Some of this bank account information was provided by your bank to CRA.
Please tell me whether your bank passed on any of my banking information to CRA for the subsequent transfer of the data to the IRS.
I need this information in writing by [date].
If you are unable to comply with my request, kindly provide your reasons.
Makes no difference whether you have one dollar (below so-called threshold of today) in your account or $100,000, or whether you have or do not have any U.S. indicia. A refusal is a refusal. I personally have no account greater than $50k but did ask my own bank for this information.
Refusals from the banks might be helpful in the litigation. You can reach me through the ADCS website.
Assume that your name will be made public should this be part of our litigation.
See below December 1 2015 letter I sent to Canadian Bankers Association and their (not surprising) December 2 response:
“December 1, 2015
Media Relations Specialist
Canadian Bankers Association
Dear Ms. [XXXXXX],
Could you please pass this email on to your legal department?
I am the Chair of an organization (Alliance for the Defence of Canadian Sovereignty) that is funding a lawsuit against Canada’s Attorney General and Minister of National Revenue.
We argue that the FATCA IGA enabling legislation that your association supports violates Canada’s sovereignty as a nation and the Charter rights of Canadians.
A key component of the legislation is the transfer of private banking information, without consent, of Canadian citizens deemed by the United States to be “U.S. persons”, to Canada CRA, for subsequent turnover to U.S. IRS.
Recently it has come to my attention that some of your banks are not advising their customers, when they ask, whether their private banking information has in fact been turned over to CRA for the purpose of transfer to IRS.
I need to know whether CBA has a position on this issue.
Do you advise your banks to provide this information, upon request of the customer, or do you advise that this information must be withheld for whatever reason? Does CBA feel that such customer requests are reasonable — or not?
I am not asking whether the banks will confirm to customer whether private banking data have been passed by CRA to IRS, only whether the data have been passed by the individual bank to CRA for the purpose of transfer to IRS.
If CBA has no position on this question please confirm.
Please provide a response by end of business day December 4.
I will make public CBA’s response.
Alliance for the Defence of Canadian Sovereignty”
“Dear … Kish,
Thank you for your letter.
As you know, the requirements of the FATCA IGA are included in the Income Tax Act. The Canadian Bankers Association does not provide any recommendations or direction on how to comply with these requirements.
Instead, banks rely on the technical guidance from the Canada Revenue Agency. You can find out more about the CRA guidance at the link below or contact the CRA directly.