What an idiot -does he have any idea what is going on? #FBAR #FATCA #TransitionTax #GILTI doh……Former Hamilton school superintendent pleads guilty to forging documents to get his children U.S. citizenship https://t.co/2dc9RKkViK via @torontostar
— Tricia Moon
Just a little something likely to amuse most Brockers
Really, it boggles the mind……..would appear nothing further reached the Consulate.
Those kids don’t know how lucky they are!
In the last little while, there are 4 new Accidental American groups which appear to be under the umbrella of Fabien Lehavgre’s group ( website , Facebook , Twitter . I don’t believe I have seen any of these mentioned here so want to be sure this information is available so people are aware of it.
For those of you on Facebook and Twitter, kindly share, RT and like these pages. Thanks.
— Accidental Americans (@USAccidental) June 2, 2018
— Accidental Americans (@USAccidental) June 3, 2018
— Accidental Americans (@USAccidental) June 3, 2018
Les "américains accidentels" de Belgique s'organisent.
Rejoignez-les en envoyant vos coordonnées à email@example.com pic.twitter.com/k8Flx1zMJq
— Accidental Americans (@USAccidental) May 7, 2018
ON Lawyer remains in Poland as Law Society files notice of motion 4 interlocutory suspension or restriction https://t.co/1m7XIbGikk
— nobledreamer (@nobledreamer16) May 19, 2017
While this particular post is not about a tax-compliance professional per sé, it IS about a person with whom many of us have had interactions and from whom we have been assured we WILL BE CAUGHT in one way or another. Given that, I find it extremely ironic to come across what follows in this post. How many of you who have paid a retainer or left any other type of funds when using a lawyer, ever worry about that person absconding with it?
R u a Canadian worried about owing tax to the IRS because you've been told you're a "US Person"? Toronto Sat Jan 28 4-6pm 100 St Joseph St pic.twitter.com/rguHCGRDf4
— Citizenship Taxation (@CitizenshipTax) January 25, 2017
WHEN: 4:00 – 6:00 pm
WHERE: 100 St. Joseph St. Carr Hall, Room 405 Toronto ON M5S 2C4 MAP
ADMISSION:PLEASE REGISTER IN ADVANCE by email to nobledreamer16 at gmail dot com and kindly include your phone number
COST: $20 payable in cash at the door
WHO: John Richardson, B.A., LL.B., J.D. (Of the bars of Ontario, New York and Massachusetts), Toronto citizenship lawyer and Co-chair of the Alliance for the Defence of Canadian Sovereignty and the Alliance for the Defeat of Citizenship Taxation. citizenshipsolutions.ca
Information presented is NOT intended or offered as legal or accounting advice specific to your situation.
A very special meeting for “U.S. Born People” or those who are otherwise “U.S. Persons” !(Naturalized U.S. citizens or Green Card holders)
Joining John Richardson will be Andrew Grossman
Discussing the “hot topic” of U.S. citizenship (including its liabilities in a FATCA and FBAR world)
In addition to focusing on the problems faced by those who agree they are U.S. citizens (to be a citizen or not to be a citizen …), this seminar will include consideration of …
- Why the US cannot automatically restore your citizenship without your consent
- The advantages of not making use of benefits of U.S. citizenship
- Why the U.S. cannot force those born abroad to accept U.S. citizenship
- Dominant Nationality & FATCA
- About the revenue rule: How is it affected by the Canada U.S. Tax Treaty? Is the Revenue Rule on the way out?
- Can the IRS place a lien on my assets even though I live in Canada?
The idea for this meeting grew out of Andy’s participation on a post at the Isaac Brock Society (Andy05).
“If anyone wants to follow up on issues I have raised, I will be in Montréal Dec. 1-3 & 5-6 and in Stanstead QC Dec. 3-5 and would be glad to meet for coffee and exchange views. I do not seek and scarcely ever accept clients but like to exchange views as an academic lawyer with a view to nationality law, cross-border tax and conflict of laws. French or English ok.”
cross-posted from citizenshiptaxation.ca
Last week in my email was a link to an article by Michael J DeBlis (unable to determine whether it was the father or the son). It runs in my memory that prior to the launch of the Tax Connections website, the younger Michael had started a blog that was specifically about expatriate issues and many of us joined and took part. He seemed particularly sympathetic and supportive of our plight and one who I would never have labelled a “condor.” And this post is in no way meant to be demeaning.
Imagine my surprise to read this:
Consider the following example. Pierre is a dual citizen of the U.S. and Canada who presently resides in Montreal. He has fastidiously filed U.S. and Canadian tax returns for the last ten years. Following an audit of his 2012 U.S. tax return, the IRS determined that there was a $ 20,000 deficiency and mailed him a notice of deficiency. Pierre timely filed a protest but Appeals found in favor of the IRS. Having failed to file a petition with the tax court, that deficiency soon became a $ 20,000 assessment.
The IRS now seeks to collect on its claim by imposing a tax lien on real estate owned by Pierre in Canada. Essentially, what the U.S. government is attempting to do is cajole collection officials from the Canadian Revenue Agency (Agence du revenue du Canada) to do its dirty work for it: namely, to collect Pierre’s unpaid U.S. taxes by enforcing an IRS tax lien on property located within Canada.
As incredible as this might sound, reliance upon a foreign taxing authority for assistance in collecting a tax judgment against a citizen of the requesting country is entirely permissible under the terms of the U.S.-Canadian Treaty. Of course, such a request must be accompanied by documents firmly establishing that the taxes have been finally determined.[ix]
Therefore, the Canadian Revenue Agency would have no choice but to enforce the lien and to collect the unpaid taxes. But what if Pierre filed a motion in a Canadian court to have the tax lien imposed by the Canadian Revenue Agency, at the behest of the IRS, set aside? Not surprisingly, the court would refuse Pierre’s request on the grounds that the imposition of the tax lien was proper under the terms of the treaty.
cross posted from citizenshipsolutions.ca
— Citizenship Lawyer (@ExpatriationLaw) October 13, 2016
The above tweet references a “guest post” written by Dominic Ferszt of Cape Town South Africa. The post demonstrates how the “dual citizen from birth” exemption to the S. 877A “Exit Tax” relies on the citizenship laws of other nations. In some cases those laws of other nations are arbitrary and unjust. If these laws were U.S. laws, they might violate the equal protection and/or due process guarantees found in the United States constitution. For example, Mr. Ferszt describes how the “dual citizenship exemption” to the “Ext Tax” is dependent on South African “Apartheid Laws”. He describes a situation where a “black” U.S. citizen from birth is denied the benefits of the dual citizen exemption to the Exit Tax, which are available to a “white” dual citizen from birth.
(During the “Apartheid Era” Blacks were not entitled to South African citizenship.)
So, what’s the S. 877A “Exit Tax” dual citizen exemption and how does it work?
The dual citizen exemption, which I have discussed in previous posts, is found in Internal Revenue Code S. 877A(g)(1)(B) and reads:
(B) Exceptions An individual shall not be treated as meeting the requirements of subparagraph (A) or (B) of section 877(a)(2) if—
(i) the individual—
(I) became at birth a citizen of the United States and a citizen of another country and, as of the expatriation date, continues to be a citizen of, and is taxed as a resident of, such other country, and
(II) has been a resident of the United States (as defined in section
7701(b)(1)(A)(ii)) for not more than 10 taxable years during the 15-taxable year period ending with the taxable year during which the expatriation date occurs, or
Entitlement to the “dual citizen exemption” depends entirely on the citizenship laws of other countries …
Relinquishing US Citizenship – Exception for A Dual
National at Birthhttps://t.co/0SutFVcyj1
Exception not well thought through! pic.twitter.com/fpChVLhh7m
— V. La Torre Jeker JD (@VLJeker) October 1, 2016
Very good work being done by those at the Accidental Americans FB group. Fabien Lehagre posted this today.
Good Afternoon –
Please find below the links to the final report (original in French and a rough translation in English) from the French Ministry of Foreign Affairs of the French Commission on US Extraterritorial Overreach which includes FATCA (Foreign Account Tax Compliance Act) and the US practice of Citizenship Based Taxation and the adverse effects on French citizens who are Accidental Americans and French/American nationals which was published today. I have also added the link for the video presentation of the report (in French).
I have also attached a summary both in French and in English of the French Commission’s findings.
ROUGH ENGLISH TRANSLATION
I. EXTRATERRITORIAL: EXTERNAL PERCEPTION OF “NO PROBLEM” THE AMERICAN PERSPECTIVE
A. EXTRATERRITORIALITY, VIEWPOINT QUESTION
B. DESIGN SOME OF THE ROLE OF LAW
C. CONFLICTS OF AGGRAVATED BY BLOCKING CURRENT POLITICAL SYSTEM
II. ISSUES OF CERTAIN EXTRATERRITORIALITY US LAWS
A. THE ECONOMIC AND FINANCIAL ISSUES
B. ISSUES POLITICAL AND DIPLOMATIC: THE DANGER OF COUNTER-PRODUCTIVE, INCLUDING THE AMERICAN PERSPECTIVE
III. ANALYSIS OF LEGAL EXTRATERRITORIAL LAWS OF US
A. GENERAL FOUNDATIONS OF LAWS TO REACH EXTRATERRITORIAL
B. PRACTICE: KEY “INPUTS” US LAWS OF EXTRATERRITORIAL
C. AMERICAN PRACTICES OF ACTION IS BASED ON UNCERTAIN CRITERIA, METHODS OF INTRUSIVE, OR ABUSIVE
IV. A POLITICAL AND LEGAL IN FRANCE AND EUROPE DO NOT POSING LIMITS extraterritoriality AMERICAN LAW
A. NO POLICY “CONVINCING” REPRESSION OF INTERNATIONAL CORRUPTION MAY LIMIT THE INTRUSION EXTRATERRITORIAL AMERICAN
B. RECOGNITION OF THE APPLICATION OF FRENCH FATCA TO ADVERSE SIDE EFFECTS: THE PROBLEM OF “AMERICAN INCIDENTAL»
C. THE EMBARGO AND INTERNATIONAL SANCTIONS APPLIED BUT MAINLY EUROPEAN AND SANCTIONED NATIONWIDE
V. RECOMMENDATIONS OF THE MISSION: WEAPONS EQUAL TO PLAY
A. DEMAND RECIPROCITY AND EQUAL TO ACQUIRE WEAPONS TO FORCE POLICY CO-
B. THE EMBARGO AND ECONOMIC SANCTIONS: STRENGTHENING OF EUROPEAN MEDIA AND CLARIFICATION REQUIRED WITH DIPLOMATIC THE UNITED STATES
C. THE NECESSARY TOOLS TO ACQUIRE THE MEANS TO BE “WEAPONS TO EQUAL”
D. ANOTHER TRACK COOPERATION: INTERNATIONAL NEGOTIATIONS IN PARTICULAR THAT OF THE TRANSATLANTIC PARTNERSHIP, THE OFFER THEY FORWARD OPPORTUNITIES?
SUMMARY OF PROPOSALS
CONTRIBUTION OF JACQUES MYARD
WORK OF THE COMMISSION
APPENDIX 1: LIST OF PERSONS INTERVIEWED BY THE MISSION
APPENDIX 2: LETTER UNAI
This is cross-posted from citizenshipsolutions.ca
NB:Reminder that the “dual citizen exemption” is available ONLY if one has met the “Five Year Tax Compliance Test
This is the 2nd of seven posts analyzing the “dual citizen exemption” to the S. 877A Exit Tax which is found in § 877A(g)(1)(B) of the Internal Revenue Code. Please remember that the “dual citizen exemption” is available ONLY to those who meet the “five year tax compliance test”.
2. The history of Canada’s citizenship laws: Did the 1947 Canada Citizenship Act affirm citizenship or “strip” citizenship and create @LostCanadians?
3. The S. 877A “dual citizen” exemption – I was born before the first ever Canada Citizenship Act? Could I have been “born a Canadian citizen”?
4. The S. 877A “Dual Citizen” exemption: The 1947 Canada Citizenship Act – Am I still a Canadian or did I lose Canadian citizenship? (The “Sins Of The Father”)
7. The S. 877A “Dual Citizen” exemption: “MUST certify tax compliance for the five years prior to relinquishment ”
— Citizenship Lawyer (@ExpatriationLaw) February 4, 2016
— Citizenship Lawyer (@ExpatriationLaw) December 28, 2014
Recent discussions with a friend have me wondering whether Americans abroad are indeed the “property” of the US government. At first I considered this a bit exaggerated but am coming to appreciate that there is a great deal of truth in it. Perhaps reflecting a bit on the past might provide valuable insight on how we might approach this ongoing, changing situation. The idea that a human being could be considered “property” is initially strange to me. The only obvious parallel would be that of being a slave. In spite of growing up in a somewhat racially-tense city, I was largely unaware that the very foundation of the U.S. included slavery. I was 10 years old in 1965 when the riots in Watts occurred. Two years later, there were 159 riots during the “Long Hot Summer of 1967. The next year, following the assassination of Dr Martin Luther King Jr, more riots. By then I was 13 and able to understand some of the reasons: poor schools, lack of employment, overcrowding in filthy ghettos, pollution, discrimination by police, etc. MLK described it as “humiliation for decades, for centuries.” Along with the other assassinations, Vietnam, etc, it did not yet occur to me that the problem was rooted in a very underlying hypocrisy. In spite of the U.S. being the “Land of the Free and the “American Dream” supposedly available to all, the fact was the U.S. was a place where gross abuse of human “rights” was visible in daily life as long as I had been alive.
There are some interesting CBC Radio “Massey Lectures” given by Dr. Martin Luther King Jr that John Richardson wrote about recently on the ADCS wordpress site. As I listened, I was struck by the fact that intellectually, it was obvious enough that “rights” had been violated in a perverse way for so long. But I was more horrified by the immorality of it. I was much too young to really appreciate what he was and am overwhelmed by his intelligence, clarity and devotion to non-violence. The issue of race in America is clearly an ethical issue, no doubt about it. One could go on and on about social, economic and other mitigating factors but at its root, the problem truly is that one group of human beings is denied the basic respect, dignity and consideration others receive due to discrimination of what they are from birth. The recent incidents in Ferguson, Cleveland and other cities show not much has changed in the last 50 years.
I was taught that America was born due to the brave actions of those who left England because of persecution due to religious beliefs; later attempts to tax the colonists who had no representation in the parliament etc. In recent years, having learned my ancestral roots, I have been proud of the fact that my family has played an integral role in that beginning. Yet at the same time, for the last three years, experience of the treatment at the hands of the US government definitely casts a different light on it. Americans abroad (and even people who are not truly “American”) are not given the same respect as those who live in the Homeland. What’s at the root of this? Does the U.S. view us as if they “own” us? Are we their property and are we not free to leave the country? We may be able to buy our way out but fundamentally, what difference is there between that and a slave from the past doing the same? In the modern world there is a tendency to minimalize emotional or mental suffering as if it is not valid since it is not as severe as say, physical torture. That may be true to a certain degree yet I fail to see how that removes the immoral forces that can be responsible for both. In fact, the only way to see it may be to draw parallels between them.