Monthly Archives: September 2014

As usual, Alex Newman provides a very well-informed and annotated update on the current state of affairs with FATCA and CBT in an article for The New American.

While he focusses on the efforts of the RNC and Republicans Overseas to repeal FATCA and CBT, Newman also underscores the need for all opponents of these destructive policies to join-together in a bi-partisan repeal effort:

GOP Votes to End Tax Regime That Is Crushing Americans Abroad

Democrats and propagandists in the establishment press initially tried to frame the Republican efforts to stop FATCA and citizenship-based taxation as a scheme to protect “the rich” and “tax evaders.” The half-baked tactic failed spectacularly, however — especially because those suffering the most are poor and middle-class Americans who cannot afford armies of lawyers and accountants. The group Democrats Abroad, stuck in a Catch-22, is now on defense, trying to walk a fine line between not alienating the millions of embattled Americans abroad while also not criticizing their party’s handiwork too vociferously. It recently accused the GOP of pandering for votes, noting that no bill to repeal FATCA has been introduced in the Republican-controlled House. The media has remained almost entirely silent on the latest GOP resolution.

Republicans, though, say the effort to ease the burdens imposed on Americans abroad and to boost the U.S. economy should not be a partisan one. “Republicans Overseas would welcome the DNC and Democrats Abroad to join us by adopting a RBT resolution, incorporating it in its national platform, building political support for a RBT legislation, and introducing a tax reform package to replace FATCA and CBT with RBT in order to end double taxation for 7.6 million overseas Americans,” Republicans Overseas said in a statement. “Doing what is right and just for expats should be bi-partisan.”

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In an article for the Vancouver Sun, Douglas Todd explores the ambiguities of life and self-identity for what he calls “Ameri-Canadians”.  I have long maintained that Canadians of American origin are Canada’s largely “invisible minority”.  Now, post-FATCA, we are being forced to reconsider not only our relationships with two different nation-states but also within our communities, our families and our very souls.  Todd covers an equally wide scope in his thought-provoking commentary:

Millions of Americans in Canada downplay links to Uncle Sam

With the Canadian government’s decision to comply in July with a Washington tax crackdown on “U.S. persons” around the world, many Ameri-Canadians are feeling rising anger, fear and even hatred toward their powerful country of origin.

That said, the self-identities of Americans in Canada have been more ambiguous than they tend to be for members of more visible immigrant groups, long before the U.S. began its notorious attempt to catch tax cheaters through the Foreign Account Tax Compliance Act, better known as FATCA. The U.S. is the only major country to tax based on citizenship, not residency.

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Chère communauté d’Isaac Brock,

Après un long délai causé par les difficultés de recrutement de bénévoles francophones au début de notre démarche, nous avons finalement notre site internet ADSC en français !

Je dois remercier les bénévoles qui ont gracieusement offert leur contribution : vin-de-table, Shadow Raider et, plus particulièrement, Living to Renounce, qui a apporté toutes les modifications finales suite au remaniement du site anglophone, et qui s’est assurée de l’exactitude de la traduction par un correcteur d’épreuves.

Si vous avez des questions ou commentaires à nous formuler en français, vous pouvez les publier ici et nous tenterons d’y répondre.

Nous espérons que ce site va permettre de mieux faire connaître l’enjeu au Québec et ailleurs au sein du Canada francophone.  Vous pouvez consulter le site ici :

ADSC Accueil

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Hello Brockers,

After a long delay, due to the difficulty of finding Francophone volunteers back when we started this endeavour, we finally have a French ADSC website! I must thank the volunteers who came forward: vin-de-table,  Shadow Raider and most especially Living to Renounce, who made all the final changes after the English website was rewritten and had a proofreader go over it afterwards for accuracy.

If you have questions or comments in french you can make them on this post and we will try to answer.

We hope that this site will now be able to make the issue better known in Quebec and the rest of Francophone Canada. Please check it out here:

ADSC Home

“TaxConnections” asks “Shall I Stay or Shall I Go?”

Besides first determining if you are indeed a U.S. citizen, some further self-analysis is necessary.   Anyone, and I mean anyone, should comprehend what is in store for “Americans Abroad” reading this and listening to John Richardson’s interview with CHQR News Talk 77, Dave Taylor, in Calgary, AB:

When it comes to FATCA, there are four kinds of *Americans Abroad*

…there are really four kinds of U.S. Taxable Persons abroad. Each one of them has his own set of problems.

…

They can be grouped as follows:

File U.S. tax returns?     U.S. tax compliant?  What is their problem?

Yes                                               Yes                    Inability to live normal life*

Yes                                               No                     Subject to penalties for mistakes**

No                                                Yes                    Don’t have any income***

No                                                No                    OMG moment is coming****

Dave Taylor got it and summarized:

It’s unbelievable that the US Government is going after people who in many cases, for decades, have not considered themselves to be Americans, American citizens, but indeed Canadian citizens, for money they don’t owe. It’s unbelievable the US Government has the audacity to think it has a claim on the assets of those people. It’s incomprehensible THAT THE HARPER GOVERNMENT IS PLAYING RIGHT ALONG. So we will watch this story because I think it’s a gross violation of rights and miscarriage of justice.

This analysis / summary of the absurdity and injustice for *US Persons Abroad* should be understandable to anyone who reads it or listens to the interview.

Whether *anyone* would include US Congresspersons whose job should be to understand and make reasonable effective change in legislation is debatable. Why is that?

An excellent new interview with John Richardson by Dave Taylor.  Recorded September 3, 2014 on CHQR News Talk 770.

Both John and Dave cover the basics of FATCA, the Canadian IGA, the legal challenge, the role of ADCS and much more.

 
Somewhere around right about now, three years ago, the worldwide U.S. person horror show began its gruesome run. This fright night still plays strong in pretty well any country outside the United States that you may happen to reside in.

Here are my nominations for the top three quotations so far, in chronological order. Notice that two of the three characters have already departed the scene.

 
FATCA has far-reaching extraterritorial implications. It would turn Canadian banks into extensions of the IRS and would raise significant privacy concerns for Canadians. … Canada is not a tax haven. People do not flock to Canada to avoid paying taxes.
—  Jim Flaherty  (then Canadian Minister of Finance)  16 Sept 2011

 
My message on this one is to sit tight. We are not unreasonable. We are not unsympathetic. We are not irresponsible.
—  David Jacobson  (then US Ambassador to Canada)  18 Oct 2011

 
Political signals from the United States show that expatriation and tax policies are likely to get harsher. … The cost of expatriation now is less than the expected future cost of expatriation. Better to take the medicine now rather than later. … Expect the same exit tax rules, but more of them, and worse. Expect more expatriations. … Get out while the getting is semi-good. Don’t wait for more time. More time means more laws.
—  Phil Hodgen  (still a tax lawyer)  5 June 2012
 

Feel free to propose other sourced contenders in comments to this posting.
 

From “JC”:

https://fatcalegalaction.com/ now live.

Attorney Bopp has issued a legal opinion on FATCA stating three constitutional claims, with strong legal merit, can be brought against the legal requirements imposed by the Foreign Account Tax Compliance Act (FATCA) and the Foreign Bank Account Report (FBAR).

Yes FBAR!

According to James Bopp, Jr., “It is our preliminary opinion that the potentially meritorious claims are a violation of the treaty power, an 8th Amendment Excessive Fines Claim, and a 4th Amendment Search and Seizure Claim. . . . We believe that these 3 claims form the basis for a successful suit that would stop the damage that FATCA and FBAR have inflicted of U.S. citizens.”

The meat of the claim: Bopp FATCA Legal Opinion

At the start of the Legal Opinion, Mr. Bopp highlights Allison Christians’ arguments regarding the legal status of the FATCA IGAs signed by countries around the world.

The legal status of these IGAs is unclear and susceptible to challenge. They are not treaties under U.S. law because they have not be en submitted to the Senate for advice and consent pursuant to the Treaty Clause of the U.S. Constitution, Art. II, sec. 2, c l. 2. Nor ae they congressional-executive agreements because Congress has not authorized the Treasury Department to conclude the IGAs as part of the FATCA implementation effort. Instead, the Treasury Department appears to be treating the IGAs as treaty-based agreements, interpreting the information exchange provisions of existing tax treaties and tax information exchange agreements already in place with FATCA Partners. However, Allison Christians, a tax law expert and associate professor of tax law at McGill University in Montreal, argues that none of the IGAs are properly considered treaty-based agreements. Allison Christians, The Dubious Legal Pedigree of IGAs (And Why it Matters), Tax Notes International Vol. 69, No. 6 (Feb. 11, 2013).

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