Author Archives: pacifica777

THREE DAYS to FATCA IGA Legislation Trial at Canada’s Federal Court of Appeal

THE DECEMBER 13 TRIAL WAS DELAYED AND WE HOPE THAT IT WILL BE RESCHEDULED IN (EARLY) 2022.  The title of the Appeal Court litigation is DEEGAN ET AL. v. ATTORNEY GENERAL OF CANADA ET AL. and Court file number is A-370-19.

Australia Treasury is seeking submissions from stakeholders on Australia’s Tax Treaties.  Deadline 31 October.  More details at:

Fix the Tax Treaty:  Treasury Tax Treaty Consultation

Fix the Tax Treaty:  Treasury Submission

The Australia Treasury site;

and in this article by Helen Burggraf in AmericanExpatFinance.

Thanks, JC, for informing us of this.

Fabien Lehagre, founder of l’Association des’Américains Accidentels/ the Association of Accidental Americans is instituting a lawsuit, aiming to force the State Department to reopen the services of the US Embassy that handle renunciation / relinquishment requests.
The lawsuit’s purposes are:

Because this action will allow us to publicize the fact that the State Department is depriving tens of thousands of people of a fundamental right.

Because this action will allow us to make the link with our first complaint which aims to make it free to obtain a certificate of loss of nationality.

Because this action will allow us to shed light on the reasons why tens of thousands of citizens who have American nationality want to renounce American nationality: discrimination induced by FATCA, impact of Citizenship Based Taxation, difficulty in investing as a US Citizen.

Because the fees necessary to finance this litigation are very low compared to the real cost of a lawsuit in the United States.

PLEDGE SUPPORT and/or CONTACT Fabien for further information at this link!

EndFATCA is fighting to end FATCA and discrimination against EU/US duals citizens and US citizens in Europe, as well as remove barriers to renunciation.

They have previously submitted a petition and appeared several times before the EU Parliament in the past five years.  They are now presenting a supplemental petition to the European Parliament on September 2nd.  Any resident of the EU, or any person with EU citizenship who resides anywhere in the world, can sign the petition.   Please add your support!    (You can also read about the Petition on the EU Parliament’s wehsite: Petition No 0323/2021)

The 13 requests in the Petition are also briefly described at this link

As well as Europeans, EndFATCA’s website is of interest and use to US persons and FATCA fighters around the world, as it also includes access to 1300 supporting documents and a list of all important initiatives around the world against FATCA.

The Institute of Tax Law at Queen Mary University’s Centre for Commercial Law Studies in London, UK, will host a panel discussion, via Zoom, on the topic of “the Taxation of Expatriate and Cross-Border Individuals,” featuring a number of experts on the subject, including QMUL’s Senior Lecturer (Associate Professor) in International Tax Law, Bernard Schneider, Edoardo Traversa, a tax and European law criminology professor at Belgium’s Université Catholique de Louvain, as well as three of SEAT’s co-founders: John Richardson, Karen Alpert and Laura Snyder.

The Discussion will be June 29th, 4 to 6 pm British Summer Time (5 to 7pm Central European Summer Time, 11am to 1 pm Eastern Daylight Savings Time). This online discussion is free and open to all. Registration is required. Full information at Stop Extraterritorial American Taxation (SEAT).

Excellent podcast today, in which Peter Paulsen interviews international tax lawyer John Richardson on “The Challenges Faced by [Americans Abroad] and the Prospects for Change.”  John explains the various interlocking reasons why the difficulties of US citizens abroad worsened critically with FATCA, and gives specifics of the problems facing US citizens abroad as a result.

This following statement, regarding the Isaac Brock Society, really stuck me because it reminded me of how each of us, by adding pieces of information, not to mention some very serious original research, have built a really big and useful repository.  I want to thank everyone who’s contributed to the site — even if you only made one comment, that may have been a very useful addition to the compendium.

“To this date, there is no site that contains the volume of research, the sort of meticulousness of discussion on these issues . . .  .  And so, it has been a very, very good source of education … comfort .. meeting place .. for people whose lives have been turned up and down by these issues.”

Isaac Brock Society is mentioned between approximately 22.30 and 25.00.

BUT this podcast is really worth a full listen – concisely and clearly covers the egregious situation as it  is in May 2021.

Laura Snyder, Karen Alpert and John Richardson point out the disparities between domestic and overseas persons in US tax policies and procedures in a detailed new paper in TaxNotes Federal, Mission Impossible:  Extraterritorial Taxation and the IRS.  It covers a lot of ground very clearly and also includes a terrific chart, “Comparison of IRS Services for Domestic and International Taxpayers,” illustrating these disparities at a glance.  This paper is also featured in an article in AmericanExpatFinance.

The Senate Finance Committee is accepting submissions on “How U.S. International Tax Policy Impacts American Workers, Jobs, and Investment.”

The statement must be in a Word document, single-spaced, not exceeding 10 pages.   No other file type will be accepted for inclusion. Title and date of the hearing (25 March 2021), and the full name and address of the individual or organisation must appear on the first page of the statement. Statements must be received no later than two weeks following the conclusion of the hearing.  Send to:  Statementsfortherecord@finance.senate.gov  Deadline: Wednesday 7 April.

Stop Extraterritorial American Taxation (SEAT) brought this to my attention and they give further information about this Committee hearing on their website.  SEAT encourages all Americans living overseas who would like to submit a statement to do so; and, should you wish a model, they’ve put several templates on their website.

Over the past several years, a “Concerned Citizen” has submitted several Access to Information requests to CRA, demanding detailed information about what is being reported. After a series of complaints and appeals, CRA has been more forthcoming.  I have seen the document received in response and asked Concerned Citizen to provide a brief summary of the results:

“A recent Access to Information Act Request revealed that for 2019, Canadian financial institutions reported approximately 615,000 accounts with a balance under US$50,000 to CRA for eventual transmission to the IRS under the terms of the FATCA agreement. The US-Canada IGA sets out a reporting threshold of US$50,000 – accounts below this balance are not required to be reported. Canadian banks have nevertheless chosen to report accounts of lower value. With approximately 1 million accounts reported in total for 2019, over 60 percent of these records did not need to be sent. Since reporting began in 2014, roughly one-half to three-quarters of all accounts reported fell below the balance threshold and need not have been included in the annual transmission of data to the IRS.

Total accounts and account-holders reported

These numbers have been publicly available, though the request has given us more accurate totals than the estimates published in media accounts.

2014    158228

2015    318345

2016    632042

2017    727280

2018    900000 approx

2019    1000000 approx [to be confirmed]

Because individuals and business entities generally have multiple accounts, the total number of individual account-holders subject to FATCA reporting will be much lower than the total number of accounts reported. CRA was asked to estimate the number of account-holders based on common elements in the data, such as matching addresses, SIN or SSN values, etc. CRA was unwilling or unable to provide this information.

Country of account owner

FATCA requires that Canadian financial institutions identify accounts held by US persons, regardless of where they live. CRA was asked to provide the total numbers of accounts associated with Canadian addresses and with US addresses. This allows us to estimate the proportion of Canadian residents affected (who could be dual citizens, or US expats without Canadian citizenship) to US residents affected (who could be Canadian expats in the US, or former US expats with Canadian assets).

CRA initially refused this request, but after an appeal and complaint it eventually provided a set of estimates for individuals and entities associated with addresses in each country. Of interest, the Canadian addresses make up 62 to 75 percent of the total accounts – so roughly one-quarter to one-third of accounts reported likely belong to US residents, who would be US taxpayers and presumably filing FBAR reports as well. The following table shows the percentage of Canadian addresses each year:

(Astute readers may notice that the total number of records for each row does roughly match or fall slightly below the total number of accounts reported each year in the table previously shown.)

Accounts below reporting threshold

The US-Canada IGA only requires financial institutions to report US-person accounts with a balance over US$50,000. However, they are not prevented from reporting lower-value accounts. There has long been concern that banks were reporting more accounts than necessary, but no proof of this on a systematic basis.

CRA was asked to provide the number of accounts reported each year with a balance below the threshold. They initially refused, but after an appeal and complaint they did provide some estimated values. The following table lists these numbers along with a percentage of the total accounts reported for each year.

[the percentage for 2019 is based on the estimate of 1 million total – to be confirmed]

This information tells us that in any given year, anywhere from one-half to three-quarters of the account records sent to the IRS (via CRA) by Canadian banks were lower-value accounts that did not need to be reported.

Non-reportable account types

CRA was asked if they had any data to indicate that accounts belonging to types excluded from reporting under the IGA – RRSP, RESP, RDSP, TFSA and other similar accounts – were being reported to the IRS. CRA replied that the data they receive from financial institutions does not include any information to indicate account type. This is both good news and bad news. While we cannot rule out the possibility that some Canadian banks report these accounts when they are not required to, CRA’s response does indicate that the IRS would receive no information indicating the account type, which would be a possible concern for anyone holding TFSAs, for example.”

A new organisation, Stop Extraterritorial American Taxation (SEAT), which is singularly focused on ending CBT, has been formed by John Richardson, Keith Redmond, Karen Alpert, Laura Snyder, David Johnstone and Suzanne Herman.

“While there are several organizations for American expatriates that address the tax issues, none is solely focused on extraterritorial taxation. SEAT is a non-partisan international organization created under the laws of France (Law of 1901). Furthermore, SEAT does not accept sponsorship from anyone in the tax compliance industry, so you can be sure that information on this site is independent. You can learn more about SEAT and its founders on our website.”

I encourage current and former US citizens to take SEAT’s Survey.  Deadline is November 30th.  Your participation in the Survey will enable SEAT to better educate policymakers, the media and the public.