Canadian FATCA IGA lawsuit: November 1, 2014 legal bill will be paid on time! / Poursuite canadienne contre la FATCA et le gouvernement canadien : nos frais légaux du 1er novembre 2014 seront payés à temps !

2,221 thoughts on “Canadian FATCA IGA lawsuit: November 1, 2014 legal bill will be paid on time! / Poursuite canadienne contre la FATCA et le gouvernement canadien : nos frais légaux du 1er novembre 2014 seront payés à temps !”

1. It was interesting to note the quarter report from one of Canada’s largest banks: 1.5 billion in quarterly profits, notwithstanding the ‘loss they had to report from their branches in the states due to derivatives’ .
   The banking industry is tied to each other and know exactly what they are doing to fleece the middle class of everything they have or ever will have. And anyone else for that matter who has something they want.

2. Will AARO or ACA advertise the website to their members? in some type of information newsletter?

3. Things are about to get real interesting. The biggest THANKS to everyone’s efforts – big or small – in getting us to this point.

4. @Neil
   You got a chuckle out of me. 🙂

   [Donation forthcoming.]

5. I believe I heard one of the compliance guys say that even if the US attempt is successful, we would still be stuck with the IGA (!).

   I think that makes sense. What would probably get struck down is the US’s responsibility to reciprocate, no? Since the IGAs are not dependent on real reciprocity, they would stand. So, the only real benefit to Canada and other countries would be that the reciprocity that the IGAs vaguely appear to offer would be explicitly exposed as the totally meaningless mumbo jumbo that it is.

6. @noone,

   Thank you for your suggestion about advertising. I believe that ACA will not agree to advertise our website, but I will contact AARO.

   This morning I asked Republicans Overseas to post our website and just two hours ago this organization posted a nice summary of our effort (which ended with a donation request and our website) at the top of their FB site. Their post ended with: “This is a Canadian “we the people” effort to defend their own constitutional rights. They are our band of brothers. Please help by donating at http://www.adcs-adsc.ca/. ” see: https://www.facebook.com/republicansoverseas

   Everyone please: We need your thoughts and help in advertising widely our effort. The challenge for us is to advertise but to do so with no/little cost so that all monies can be used to pay our legal costs.

   Please find quickly other websites for posting. Can each of you find a minimum of ten potential donors that you will speak to personally? If you have other ideas for advertising, please act on your own and then tell us whether you were successful.

   Canada day is coming soon.

7. If FATCA is declared unconstitutional in the US, the CRA requirement to report accounts to the IRS would be voided. Even the Conservative politicians during the hearings stated that. They didn’t give in on anything else but they did say that part was true.

   Besides the IGA Canada signed recently is not legal in the US anyways since it is not going through the Senate. It’s a bogus IGA to begin with.

8. @Stephen Kish, ACA does not have to endorse the action – just mention it in the regular newsletter they send to their members. I receive it. That would be a good place to mention it.
   They have the contact list of a large number of Americans abroad. That in itself is a huge resource and they could help this way.
   If they don’t mention it in the next one, I will stop my contributions to them.

9. It seems that the strength in much of what the US is doing is contingent on no one challenging them on the legalities of what they are doing. A link provided by US Person Foreigner states that the Treasury Department is scrambling to circumvent a foreign bank’s legal challenge to the Patriot Act for fear that the Patriot Act would be struck down as a result. I see a great many similarities to what could happen to FATCA in this turn of events, as it too is not law in the US.

   http://compliancealert.org/exclusive-u-s-treasury-unit-seeks-to-resolve-suit-challenging-patriot-act-power-over-foreign-banks/

   And maybe it’s just me, but the video seems to be missing from the ADCS website…

10. Every one of those dirty scoundrels should be fully charged with TREASON. I will pursue a legal challenge from the Native perspective in Native courts. The damages will be in the millions. I will also be donating to this challenge. May Canada stand strong against the American takeover!

11. Would the Canadian Civil Liberties Association, ccla.org, post a link to the ADCS-ADSC site?

12. What I’d really like to know is…. how do we start an investigation into Mr. Keddy, and all the who said “no” to the amendments. We need to see how much they were paid to give those answers. If they had even one tiny shred of care for Canadians, they would have clearly voted no. Those pompus asses deserve to be ran out of Canada. Canada has NO place for traitors!

13. @NativeCanadian, I’m sure those Conservative politicians that betrayed 1 million Canadian citizens already have their next jobs lined up working for the banking industry. There’s no way they’ll be reelected to public office after what they did.

    I think even the US Ambassador to Canada who used to tell us to sit tight and not worry because the Americans were not heartless ended up working for the Canadian banking industry. The banks just buy off the politicians. Our only recourse is the legal system.

    The Conservatives have hurt themselves politically in the worst way possible. This issue is a gift from the gods to the NDP and they are smart enough to run with it.

14. @Noone,

    I found the response to my email that I had sent to the ACA a few months ago: The answer is that the ACA will not post our appeal for funds for our Canadian litigation effort. Before stopping your contributions to ACA you might consider whether you support ACA’s efforts including those trying to convince Congress to switch from CBT to RBT.

    I will try AARO and as Anon suggests a link on the CCLA website. Perhaps readers can try Democrats Abroad (International and locals– some might be interested). Other websites? Mention the ADCS website in all comments we make to articles on FATCA.

    @Bubblebustin, I can open the video on our website.

15. As has been done before to refer people to Brock, comments on articles even remotely connected to the issues surrounding the IGA, can be used to refer people to the adcs-adsc.ca website.

    For example, today there is an article about the Privacy Commissioner on the CBC website.

    http://www.cbc.ca/news/politics/privacy-watchdog-cancels-cyberbullying-bill-appearance-1.2662030

16. @Brockers -gave $500 CAD from my savings. all we need are 499 more people like me. this is the best investment I will have made in years, -seed money to protect my future heirs- my nieces. I will try to save up antoher $500 CAD starting now. oh gee guess what I will give up to fund this? my annual contribution to ACA for the next few years….
    thank you all those who continue to inspire me-I can’t read brock now without alump in my throat most times. keep the faith.

17. Strange bunch there at ACA. They came up with that terrific RBT video. Good. They sponsored the CBT vs. RBT debate in Toronto. Good. They have not provided the video of that debate … yet. Bad. They do offer all kinds of directions for tax compliance on their site but don’t seem willing to even mention the ADCS fund. Meh! I have to think that if anything gets even close to the “R” word they do everything possible to steer clear of it because they don’t want their members leaving Club America.

18. @Gwen, would that be possible to “register” the website, so it comes up high when people search for FATCA on the web. I am not a web developer, but I know there are ways to do things to show up high in the searches. Just a suggestion. Right now, it doesn’t show up.
    It would also be nice to be mentioned in some news articles, which would show up under google news.
    I am sure some people are working on that.

19. I got so excited reading that the good ship ADCS had been launched yesterday that I missed thanking calgary411 for her important role as Director. Thank you, Carol T. I’m still exploring the ADCS website. I have to say it is has been beautifully designed. Well done, Gwen! I dropped my cheque in the mail around midnight to be sure it would go out on today’s mail truck. I don’t need a receipt but would appreciate another cryptic message from Stephen saying, “The twig in the closet has arrived.” — just to be sure it gets there safe and sound.

20. Nice highlighting of Canada’s ADCS Charter Challenge fundraising on Republicans Overseas, Stephen. Good work.

    Very disappointing to think that ACA would not advertise our cause!!!!!!

21. Thanks, Em. And, LOL, re “the twig in the closet has arrived”!!

    Those Easterners have done an incredible amount of work on this. Thank goodness for Gwen and Deckard in their contributions to the powerful ADCS site. It is a professional piece of work.

22. bubblebustin wrote: “And maybe it’s just me, but the video seems to be missing from the ADCS website…”

    Just so everyone is aware, the desktop version of the ADCS web site uses a Flash-based video player that doesn’t work on iOS devices like iPhones and iPads. Gwen has added a fail-safe link to the IN PARLIAMENT page which says: “For mobile or tablet users please click here>”. Clicking on “here>” will take you directly to the YouTube page where the video is located.

23. I’ve sent PayPal donations from my husband and myself.

24. Lynne has identified a Montreal tax lawyer to keep our eyes on: http://maplesandbox.ca/2014/its-time/comment-page-1/#comment-45052

    WHITE FLAGS OF SURRENDER AROUND THE WORLD

    It is therefore not surprising that a large number of countries (or their financial institutions) have raised white flags and accepted the influence of the American state. FATCA offers them a couple choices, though.The country in question may agree to enter into an Intergovernmental Agreement (an ” IGA “) with the IRS by virtue of which it agrees to manage FATCA reporting by its financial institutions (the “Model 1 IGA”) and report in turn to the IRS. It may alternatively be agreed that the subject financial institutions will report directly to the IRS (“Model 2 IGA”). If no agreement is reached, the 30% withholding applies , subject to certain exemptions.

    Given this potentially devastating threat to the operations of their domestic financial institutions, thirty countries have agreed to sign IGAs with the United States, and thirty other agreements are about to be concluded . “Willing participants” include such countries as Cayman , Switzerland, Panama, Liechtenstein, and Luxembourg. Who, during the 2000s and before, would have anticipated such a submission to the U.S. authority?

    Obviously, any acceptance of an IGA is the result of U.S. political and economic dominance that offers no realistic choice to any country . One can be safe to assume that Canada would not have had the same results had it decided to launch its own Canadian FATCA !

    FORGET 1812 – CANADA FINALLY ABDICATED

    On February 5, 2014, notwithstanding any argument of extraterritoriality or constitutionality, Canada announced the conclusion of Model 1 IGA with the United States. Canada then incorporated the necessary legislative amendments to the Income Tax Act (Canada) through Bill C-31, currently before the House of Commons. If all goes as intended, FATCA will be law in Canada on July 1, 2014.

    CANADIAN GRUMBLINGS

    There are obviously many unhappy people. Many U.S. citizens are nervous . The concerns also extend to financial entities who could be deemed to be financial institutions and thus subject to the FATCA rules. The problem stems from the fact that there are significant textual differences between FATCA, the Canadian IGA, IGAs with other countries , and Bill C-31. These differences lie in matters of definition and interpretation. As a case in point, there are particular concerns with whether Canadian trusts holding U.S. investments are targeted or subject to the rules.

    I will have the opportunity in the coming weeks to comment on these differences of interpretation, and address issues of constitutionality and application. If Canada-U.S. discussions are over, targeted financial institutions are left holding the bag and to make decisions on how to conduct themselves in the new FATCA world.

25. ACA will advertise for compliance industry whores: http://americansabroad.org/support/advertise-with-aca/