[We now have a NEW POST taking us up to February 1, 2015. This post will be retired from service.]
THE AUTUMN 2014 UPDATE
Dear Donors,
Together, we reached our goal of $100,000 to pay the November 1 legal bill 11 days ahead of schedule!
Thank you Canadian donors from coast to coast and our friends from around the world for your generosity, support and determination — and especially for not being afraid.
The name of our non-profit corporation is the “Alliance for the Defence of Canadian Sovereignty.”
We were very deliberate in including in our name the word “sovereignty”, which forms a cornerstone of our Claims against the Government of Canada.
Canada and dozens of other countries throughout the world gave into a bully because their “leaders” were afraid of harm caused by a trading “partner” — and they gave their sovereignties away.
Help us convince by example the Leaders and Governments of all countries worldwide that they should return their sovereignties back to their Peoples.
Please continue to support our lawsuit.
“Alone we can do so little. Together we can do so much.” (Helen Keller)
— Plaintiffs Ginny and Gwen, and the ADCS-ADSC team
Chers donateurs,
Ensemble, nous avons atteint notre but d’amasser 100 000 $ pour payer notre facture légale du 1er novembre 11 jours d’avance !
Un gros merci à vous, donateurs canadiens, et à nos amis de tous les coins du monde pour votre grande générosité, soutien et détermination. Et surtout pour votre courage.
Le nom de notre organisme sans but lucratif est « l’Alliance pour la défense de la souveraineté canadienne ».
Nous avons choisi délibérément le mot « souveraineté » puisqu’il constitue la base fondamentale de nos revendications envers le gouvernement du Canada.
Le Canada et des dizaines d’autres pays se sont pliés devant l’intimidation des États-Unis parce que leurs « leaders » ont eu peur des menaces de notre « partenaire » commercial. Ils ont donc vendu leur souveraineté à rabais.
Aidez-nous à convaincre les dirigeants et les gouvernements de tous ces pays qu’ils se doivent de remettre leur souveraineté à leurs peuples.
S’il vous plaît, continuez à soutenir notre cause.
« Seuls, nous pouvons faire si peu. Ensemble, nous pouvons faire beaucoup. » (Helen Keller)
— Ginny, Gwen et toute l’équipe de l’ADCS-ADSC
DONATE to www.adcs-adsc.ca (ADSC en français).
Read this and donate to ADCS;
https://isaacbrocksociety.ca/2014/09/19/is-td-bank-overzealously-ferreting-out-of-us-persons
@Tricia,
Thanks so much for your very clear and deep refutation https://isaacbrocksociety.ca/2014/06/01/its-time/comment-page-70/#comment-3036779
of the arguments made to the Mondaq PR piece “FATCA is not your Enemy” (which is also a blog post by Nightingale of MNP – that accepts moderated comments).
I just read it today as I am behind in following posts here.
It is hard not to believe that the points you make are not well known to the author of that piece, but as with the Conservatives on the Finance Committee speaking to the FATCA section of Omnibus bill C-31 (which they voted for and passed via their majority), he and the Conservatives decline to address facts, and instead massage their assertions in ways which mislead and misdirect, by omission as well as by unsupported claims.
The FATCAnatics and the FATCApragmatists (who say they are concerned with what is ‘practical’ ) support FATCA legislation and application in Canada for different reasons – none of which involve concern for human, civil, citizenship, taxpayer, voter, and accountholder rights and wellbeing, or for the sovereignty of the autonomous nation of Canada.
It may be cheaper and ‘practical’ in the short term for Canadian banks and their IIAC kin to have an unconstitutional, rights denying, illegal arrangement in place re FATCA – but that is not sufficient reason to surrender to the foreign law of a foreign nation, which offends the Charter, our Constitution, and denies the rights and injures wellbeing of countless Canadian citizens and residents.
Re-posting this here from the consulate2 thread so it doesn’t get missed …
—EmBee, thanks — have emailed the journalist.
—BROCKER IRS 8854 EXPERTS:
Could someone please go through draft 2014 IRS 8854 form and instructions and advise whether there are any changes in 2014 that make it more difficult in 2014 vs. 2013 to renounce obligations to IRS?
http://www.irs.gov/pub/irs-dft/f8854–dft.pdf [form?]
http://www.irs.gov/pub/irs-dft/i8854–dft.pdf [instructions seems to come up as same link]
—All— Consider donating very soon to lawsuit effort because legal bill comes due end of next month. It can take ten or more days to receive mail containing cheque and five days for PayPal donation to be transferred and deposited into bank account.
Stephen,
Can you explain what might happen if the money is not raised on time. If the process just put on hold until the funds are raised?
The list of ‘benefits’ conferred by the US – and thus the reasons to donate to the ADCS just gets longer and longer:
http://blogs.angloinfo.com/us-tax/2014/09/19/thank-you-fatca-youve-just-busted-my-marriage/
‘Thank you, FATCA, You’ve Just Busted My Marriage’
September 19, 2014
@ Stephen
Twig#5 will reach you on time but Twig#6 will likely miss the deadline. Sorry but I really have to wait for those pension cheques to arrive before I can pass them along. However, if the donations needed are lagging in the 3rd week of October I’ll consider taking an advance twig out of savings. Meanwhile it’s roughly 41K needed in 41 days. It’s not easy but it’s doable.
Stephen There doesn’t appear to be any significant change to 8854
@Stephen Kish,
Donation number ten will be posted in the morning…..maybe….Monday latest……
You know where its coming from and the time for the post.
Any AARO members in Paris? Victoria?
http://www.aaro.org/events/event/20-breakfast-with-senator-mike-lee-and-james-bopp-jr
@EmBee
Things are in the wind! Stay tuned!
Critical to any argument is to look at what the enemy is saying and use it against them. Congress does not claim to have a right to force Canadian banks to disclose information. Congress claims a right to tax outbound payments. Therefore, the banks in Canada cannot claim that they are required to obtain this information. They are only encouraged to obtain it, to receive a tax break.
BTW I’ve completed a few countries on my non-fatca-banks.com website and it appears that in non-IGA countries, some banks register and some banks don’t. Just repeal the IGA enabling legislation and let the free market decide in Canada. TD Bank can demand your consent and then close your account when you refuse. Just give me a PEI banking licence and let me open a bank, and FATCA victims across Canada will flock to my bank.
Another point: the bank wants to comply with FATCA. You grudgingly present your Canadian passport and do not have a certificate of loss of nationality because you gave up US citizenship when you became a Canadian citizen. If the bank says that’s a grey area (which, under USA law, it is) and you let them go ahead and release your deposit information, IRS goes after you for payment and CRA will not help them. IRS would have to prove you didn’t intend to lose your US citizenship, in a costly legal battle to them. The State Department policy has always been, they ask you if you intended to lose citizenship. Therefore, IRS incurs an expense for nothing. There’s the loss of privacy but my point is, there will be cases that match this description.
IMHO the best strategy is to urge MP’s to require reciprocation. In principle this is bad but in practice it is good because there will be no reciprocation. Further, reciprocation would have to be debated in Congress, where members are waking up to the idea that there persons classified as U.S. citizens under U.S. law who are no more “American” than U.S. Senator Ted Cruz was a Canadian. They are waking up to these arguments now, after FATCA has been passed but before and reciprocation gets approved.
Do any of you agree with me in the reply I gave the latest request from the Liberals for some of my Canadian cash?
@Calgary 411: Maybe send copy to head of the party. I would work the bold part to the top of the letter and while having detail, figure that you only have a few seconds to land an impact. Perhaps you may have a title on your letter in bold to convey the gist.
You could have landed a blow in there that the tax treaty needs be changed to protect Canadians from the cross the boarder thieves.
Hi, JC.
Thanks for your suggestion. If I do that — send copy to the head of a Party (I presume you don’t mean in the US), it would be on behalf of my son and others like my son, which I have been doing for the past three years of discussing things “US” with other people, after my learning of my family’s “problems” well before the 2010 HIRE Act. I have renounced my US citizenship, so I believe my work has to be only with my Canadian government representatives. Today I sent another message to a Canadian Party, this time the Liberals, in response to their many requests for donations and I have done the same previously to Prime Minister Stephen Harper and to Justin Trudeau, in correspondence and in person (for which there is a post way back on Isaac Brock somewhere). The NDP (and I have not written to that Party’s Leader specifically) have been the ONLY ones to hear and respond to anything I have said. NDP MPs Mike Sullivan and Murray Rankin sought me out and spoke to me like a human being with concerns and worries. My own Conservative MP has never “cared” about my family’s issues, even in a one-on-one meeting with her. Instead that was just more of the Party line, the Party talking points. I am never one to give up, so I will add to what I have already sent — thanks for your suggestions.
Has anyone had a conversation with the Vancouver lawyer who is suing the government to see if it is possible to get an injunction to stop FACTA from happening until the case is decided? I am just worried that even if the case is successful, by the time it plays itself through the courts, so much damage may be done to us that the victory will be bitter sweet as we would already be screwed.
Also, is there any word when Mr. Bopp will launch his suite in the US?
@Phil, Injunction sounds good. Bopp, I heard he was going to a meeting in Paris. I would be interested in hearing what comes out of this.
This just out on Twitter from Republicans Abroad:
Phase I: Determining constitutional claims against FATCA
Phase II: Fundraising to fund FATCA lawsuit on an ongoing basis
Phase III: Interviewing and recruiting potential #FATCA plaintiffs
Phase IV: Drafting and filing the lawsuit
It sounds like they are in phase II, so ADCS ahead of them.
@Calgary411 That makes my head spin. I might suggest going for a Presidential Pardon and try to get Robert Wood to do a feature article on this, then you may tell me all the letters you have sent to seek this.
You might make this a IBS feature article
Thank you, FATCA, You’ve Just Busted My Marriage
as suggested here: https://isaacbrocksociety.ca/media-and-blog-articles-open-for-comments/
And focus on the anti Family nature of CBT/FATCA.
Friends,
This challenge must succeed. We must support and fund it.
If it wasn’t serious and well founded, we wouldn’t now read about it in the US and Canadian media. We wouldn’t have the compliance industrial complex paying for ads online, writing blogs and articles telling us how much better life is with a FATCA IGA – to just lie back – resistance is futile.
FATCanatics and FATCAfans are worried. And well they should be, because FATCA is unconstitutional, illegal, ill conceived, arrogant, and presents Canada and the rest of the world with a US bill for a US free lunch – forever and ever – at the cost of our national sovereignty, our rights, our taxpayer funds and accountholder fees. At threat of unwarranted sanction.
The challenge gives me hope of having FATCA aired and exposed to just scrutiny. Though I am no longer a UScitizen/taxable person, (and paid heavily in many ways for the pleasure), I am not willing to give in to the colonization of Canada and the sacrifice of my fellow citizens and residents.
Support the sovereignty of Canada as a nation. And the rule of our laws and our Charter and our Constitution. Support the right of the rest of the globe to be free from unwarranted US economic sanctions and colonization by ‘might makes right’.
This is only the tip of the iceberg from the US. We must not let it succeed. Today it is FATCA and the assets and rights of those living normal ordinary lives outside the US.
What else will the US demand via threat and sanctions pointed at all the rest of us tomorrow?
Let us all do whatever we can to meet this upcoming deadline and show the US that despite the Harper collaborators, we are not going to roll over without a fight.
JC,
I really don’t want any Presidential Pardon — unless it would apply to ALL such so-called *US Persons* abroad. Note from Department of State, Law:
I want something that makes sense for my son — and all others like him. I have said all along that for me this is not about “my son” or my family. In fact, it is more about other such sons and daughters of other families who, unlike mine, do not have the “luxury” of a hard-earned and saved retirement fund to dip into to pay for US tax law and immigration / nationality lawyers and US accounting professionals. As well, if they have squeezed any funds out to save in a Canadian Registered Disability Savings Plan to provide for their family member with some kind of disability, they will have to pay US taxes on gains and matching contributions, courtesy of the Canadian taxpayer. In fact, for a person with a disability (other than a ‘mental incapacity’ for which he/she would not be able to understand the financial aspects of opening and maintaining such an account),
with any gains for such a person and the government Bond itself being subject to US taxes. So, the only thing that makes sense is for the Canadian Government / Canada Revenue Agency to discriminate further for Canadians with disabilities and tell them that the RDSP is not meant for those who are *US Persons* — only for first-class Canadians who have some kind of disability.
Personally, I seem to have run my course with correspondence to my government representatives, formal submissions to my government and media coverage of my story, having come out with my name to CBC in January of 2014, with related other media coverage since that “coming out”. The only recourse I hold hope for is litigation in whatever country it may occur. My country’s litigation effort that I support is at http://www.adcs-adsc.ca/ where I have made and will continue to make contributions as I can afford.
@All
Robert Wood article today where he mentions the ADCS-ADSC.ca lawsuit. Mr. Wood has written an interesting article which is another opportunity for comments.
http://www.forbes.com/sites/robertwood/2014/09/22/armed-with-fatca-irs-hunts-offshore-tax-evaders-while-canada-eases-up/
I am looking for statements made by Canadian Government MPs and Canada Finance officials saying something to the effect that Canada recognizes the right of the United States to impose (tax) laws on Canadians living in Canada who the U.S. deems to be U.S. “persons/citizens”.
If you have such a quote (e.g., from Parliament hearings, Minister Flaherty interview with press) can you please provide me with quote and reference/transcript link?
—Donate to http://www.adcs-adsc.ca for the Canadian lawsuit.
Pingback: The Isaac Brock Society | The widening gap for the cost of freedom from US citizenship and US tax compliance
Here is one reference, Stephen: https://isaacbrocksociety.ca/2014/02/24/finance-minister-jim-flaherty-is-already-effectively-stripping-canadians-of-us-origin-of-their-canadian-citizenship/
It was one of the times I wanted to actually throw up in utter disbelief and disgust: https://isaacbrocksociety.ca/2014/02/24/finance-minister-jim-flaherty-is-already-effectively-stripping-canadians-of-us-origin-of-their-canadian-citizenship/comment-page-1/#comment-1145618
I will be glad to look for more!