Liberty and justice for all United States persons abroad

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Author Archives: pacifica777

FATCA Fact Finding Forum – Part 5 of 9 – Allison Christians – FATCA and International Tax Law

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The FATCA Fact Finding Forum took place at Toronto on 15 December 2012.

In this Forum session, Allison Christian, Professor of Law at McGill University, speaks on FATCA in the context of international tax law, how it would affect financial institutions’ customers and how it would interact and clash with Canadian law.

This is part 5 of the 9 part FATCA Forum.  Calgary411 and I are preparing the transcripts and they will be posted on Brock as they become available during the coming days.

The text of Professor Christian’s presentation follows below and the transcript is also online as a PDF document.

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FATCA Fact Finding Forum – Part 7 of 9 – James Jatras – How FATCA Can Be Defeated

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James Jatras of Washington, DC, law firm Squire Sanders, and RepealFATCA.com discusses how we can defeat FATCA.  He stresses, and illustrates, why FATCA is not a done deal, and suggests what practical measures we can take to stop it.  Green Party National Revenue and Environmental Fiscal Reform Critic Erich Jacoby-Hawkins speaks of the Green Party’s position on FATCA.  Participants in the Forum then break to prepare a petition which Green Party Leader Elizabeth May will present to Parliament.

This is part 7 of the 9 part FATCA Forum.  Calgary411 and I are preparing the transcripts and they will be posted on Brock as they become available during the coming days.

The text of Mr. Jatras’ presentation follows below and the transcript is also online as a PDF document.

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FATCA Fact Finding Forum – Part 3 of 9 – FATCA Privacy Rights Issues – Abby Deshman

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Abby Deshman of the Canadian Civil Liberties Association discusses the implications FATCA would have on privacy rights.

This is part 3 of the 9 part FATCA Forum.  Calgary411 and I are preparing the transcripts and they will be posted on Brock as they become available during the coming days.

The text of Ms. Deshman’s presentation follows below and the transcript is also online as a PDF document.

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FATCA Fact Finding Forum – Part 2 of 9 – Introduction to the Forum – John Richardson

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John Richardson introduces the Forum, providing background information on FATCA and related US extraterritorial tax policies, and the effects they cause on “US persons,” their families, and on Canada itself.

This is part 2 of the 9 part FATCA Forum.  Calgary411 and I are preparing the transcripts and they will be posted on Brock as they become available during the coming days.

The text of Mr. Richardson’s presentation follows below and the transcript is also online as a PDF document.

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FATCA Fact Finding Forum – Part 8 of 9 – The Human Consequences of FATCA – Peter W. Dunn

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In this Forum session, Peter W. Dunn, a founding member and spokesperson of the Isaac Brock Society, speaks on the human consequences of FATCA, discussing the HEART Act as well, illustrating these consequences with examples of the financial, emotional and physical hardships sustained by persons the US Treasury Department defines as “US persons,” although they are not resident in, and in some cases not even citizens of, the United States.

This is part 8 of the 9 part FATCA Forum.  Calgary411 and I are preparing the transcripts and they will be posted on Brock as they become available during the coming days.

The text of Mr. Dunn’s presentation follows below and the transcript is also online as a PDF document.

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FATCA Fact Finding Forum – Part 4 of 9 – Presentation of FATCA Principles Video – John Richardson

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The FATCA Fact Finding Forum took place at Toronto on 15 December 2012.

In this Forum session, John Richardson presented a video which dealt with the criteria and  methods that financial institutions would use to determine a person’s possible US person status for FATCA purposes.

This is part 4 of the 9 part FATCA Forum.  Calgary411 and I are preparing the transcripts and they will be posted on Brock as they become available during the coming days.

The text of Mr. Richardson’s presentation, as well as the transcription of the video,  follows below and the transcript is also online as a PDF document at this link.

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FATCA Fact Finding Forum – Part 1 of 9 – Opening Remarks – Sinclair Stevens

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The FATCA Fact Finding Forum took place at Toronto on 15 December 2012.

The Opening Remarks were given by the Honourable Sinclair Stevens.  Mr. Stevens, Leader of the Progressive Conservative Party, is the former President of the Treasury Board of Canada and also served as Minister of Regional Industrial Expansion.

This is part 1 of the 9 part FATCA Forum.  Calgary411 and I are preparing the transcripts and they will be posted on Brock as they become available during the coming days.

The text of  Mr.  Stevens’ opening remarks follows below and the transcript is also online as a PDF document at this link.
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Over a Year to Expatriate! What!!!

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Vancouver and Ottawa are the only consulates we’re aware of where it takes over a year to complete an expatriation.  Elsewhere, in Canada and the world, from booking to signing the papers generally runs from under a month to 3 months.

I’ve been getting a lot of complaints about Vancouver’s lack of appointments lately (most people have long written off Ottawa for other reasons).  This current uptick in complaints is not surprising.  With FATCA now looming closer to reality, these one-year-plus delays to expatriate will trap thousands (possibly tens of thousands) of US persons in Canada without the critical ability to prove that they are not a US citizen.

Vancouver is currently booked through June 2013, and requests for information on how to book result in the reply that no appointments are available.  And that’s only to get the first appointment.  The second takes over a year after the first.

To deal with the tidal wave of CLN applications, consulates around the world, including most in Canada, are adapting to the increased workload, allocated resources, switched to 1 visit only.

Vancouver and Ottawa, however, persist with requiring 2 visits.  Ottawa also routinely requires 2 to 3 hour interviews (that’s face time, not waiting time).  They are unique in this, as face time at the other consulates in Canada and the world generally runs 10 to 20 minutes.

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IRS Never Told Taxpayers They Could Get Penalty Relief

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Badger found and suggested a Brock post on this article.   It’s very interesting in light of IRS’ punitive approach to US persons abroad who did not know of their filing obligations.   Seems to me that if IRS would publicise — and apply —  common sense remedies, like other countries do, they’d actually get people complying instead of getting sick with fear.

“IRS Never Told Taxpayers They Could Get Penalty Relief” Washington, D.C. (October 17, 2012) By Michael Cohn.  “Approximately 1.45 million taxpayers who qualified for relief from tax penalties totaling close to $181 million never heard from the Internal Revenue Service that they were entitled to it and never received it, according to a new government report.”….. .”The report, from the Treasury Inspector General for Tax Administration, noted that the Tax Code imposes penalties on taxpayers with a filing requirement who fail to file a tax return or fail to timely pay the full tax shown on any tax return. The IRS waives those penalties for taxpayers who have demonstrated full compliance over the prior three years, but only if the taxpayers request penalty relief. The IRS does not widely publicize the opportunity to request this waiver, known as a First-Time Abate.”……

US Citizenship: The “Negative Marketing Option” Trap

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AnonAnon posted this comment on the Consulate Report Directory thread, sharing their thoughts on how the US could clear up the problems of unwanted dual citizenship.  It’s an important topic, one worthy of a thread of its own.

“One way the US could lessen the burden on its consulates and on those of us born in the US who no longer are or want to be US citizens would be to change the default option:  Get rid of the whole CLN concept, and require all US expatriates who DO want to remain US citizens to maintain valid US passports while living abroad.  That way they could track their citizens, report them to the IRS, and so on, without bothering and having to deal with the rest of us.
Whether they would still tax their citizens who live abroad is an entirely separate issue.
US citizens abroad who subsequently decided to give up their citizenship could simply return their US passports, along with proof of citizenship elsewhere.”