March 8, 2016 UPDATE: Legal fees paid — on to Federal Court for Charter trial contesting Canadian FATCA IGA legislation.
Canadians and International Supporters:
You came through once again: $594,970 for legal costs have now been donated and our outstanding legal bill is finally paid off.
Thanks especially to those who donated even though they never had any “spare” money to give, and despite this gave over and over and over again.
This last round of fundraising also shows that our Canadian lawsuit remains dependent on the kindness of our International Friends: There would be no lawsuit without their financial help.
Know that a very generous donation (today) from a supporter in the United States made it possible to pay off the remaining legal debt. Also please appreciate that there would be no lawsuit without the help of the Isaac Brock Society which has kindly let us use its website to solicit funds.
Our next step is the Constitutional-Charter trial in Federal Court.
For this we need more Canadian Witnesses, and my next post will be devoted only to a request for Witnesses willing to go public, like our Plaintiffs Ginny and Gwen.
For the future: I want a win in Federal Court — and I want the new Liberal Government not to appeal that win.
Thank you all for your support,
Stephen Kish,
for the Directors,
Alliance for the Defence of Canadian Sovereignty
I have been using the parl.gc.ca. addresses, but am also sending letters by snail mail to Mr. Trudeau and some key Liberals.
Thanks Stephen and EmBee.
I will call some offices tomorrow to find out relevant addresses I need. (or not – there is a 75th birthday in this household tomorrow – not me and not Lucy the Lab)
Gordon Pape, the well-known finance guru writes:
Quote:
“Imagine opening your mail and finding a bill from the [IRS] for $48,730.57.
That’s exactly what happened to me during the summer [of 2015], and I’m not a U.S. citizen….
I suddenly understood first-hand what the estimated one million Canadian residents with U.S. ties are experiencing….”
Everythingzoomer magazine, November, 2015, p.37 (print copy, not posted on the web yet)
Pape recounts that he was born in the U.S. and got a SSN, but moved to Canada at age 13. With the birth of his first child in 1967, he decided to naturalize and was promptly issued a CLN (which he still has). As a snowbird, he recently filed a 1040NR and a closer connection form to the IRS explaining why he should not be treated as a U.S. resident for tax purposes. He speculates that the IRS reviewed his form, saw his SSN, and deemed him by definition to be a U.S. citizen subject to full taxation.
The closing lines of his zoomer article (p.40) are:
“Whatever happened to national sovereignty and tax privacy? They no longer seem to exist.”
It’s pretty clear he doesn’t know about the ADCS Charter challenge.
Pape is an influential financial writer, broadcaster, and blogger. His website is
http://www.buildingwealth.ca
If Brockers fill him in, as well as being a source of publicity, Pape might even make a hefty donation to ADCS. As he says:
“I was shocked. Then I was angry.”
@ Shovel
I think Mr. Pape made the mistake of filing a 1040NR rather than the 8840. 1040NR is only for citizens and residents, he is neither. He has a CLN.
I phoned Mr. Pape around June/14 (as a stranger – I don’t know him personally). He was courteous, told me that he knew all about FATCA and asked me to send him an email, which I did.
I outlined the recent C-31 IGA law and the ADCS legal action, asking him to consider making a donation. I never heard back. Maybe now it’s worth another try.
Thanks, Mr. A, Shovel, GwEvil, Tricia, Blaze at MapleSandbox for bringing Gordon Pape’s latest on US status here.
It isn’t the first we’ve heard of this and have not gotten an answer to correspondence sent to Mr. Pape: https://isaacbrocksociety.ca/2015/01/25/97975-more-needed-to-make-the-february-1-2015-payment-for-canadian-fatca-iga-lawsuit-il-nous-reste-97-975-a-ramasser-pour-notre-poursuite-judiciaire/comment-page-3/#comment-3659775
It is Canadian persons like Mr. Pape who fully know about the FATCA issue, who would be able to donate to ADCS-ADSC but who have chosen not to (not the farm couple who just got their OMG moment and have not heard of any of this or been able YET to get good information) who I would like to see stepping up to the plate. I am glad, though, that Gordon Pape has spoken out about this in the Zoomer publication where many older Canadians will read his words and may better take note. It continues to puzzle me Why we can’t ALL join together to be a bigger force than deal with our individual situations and never talk about how it affects the many others! What a force so many US tainted Canadians could be in our fight.
@calgary et al.
Thanks for the refresher on previous fruitless contact with Pape.
“It is Canadian persons like Mr. Pape who fully know about the FATCA issue….”
Pape makes clear that in fact he DIDN’T fully know about FATCA before:
“I was shocked. Then I was angry. I suddenly understood first-hand what the estimated one million Canadian residents with U.S. ties are experiencing….”
And he likely doesn’t know about ACDS:
“Whatever happened to national sovereignty and tax privacy? They no longer seem to exist.”
Pape probably gets swamped by donation requests. But we know the power of one’s own OMG moment to to foster enlightenment. This is the chance to try him again.
Mr. Pape should have read his mail from me and others. Zoomer also wasn’t interested.
He should be given another chance to better address this in his financial columns, stating how he has been affected. He has now taken that first step. He, and others with credibility in the media could (or should) be strong allies in this cause. Of course, I may have given him faulty information as well, saying he would be affected unless he had renounced or relinquished US citizenship and had a Certificate of Loss of (US) nationality. He is one of the few who seem to have received one of those valuable documents so many decades ago. Hope he hung onto that document and can now use it to his advantage in solving his IRS claim to his Canadian money.
@ All FBAR reporting of accounts due to signing authority, accounts one has no personal interest in should be seen as a significant problem, not just for lawyers and those in real estate. What of Native Chiefs, do they not have signing authority over large sums for their bands? Are some of them “US Persons”?
@heartsick
Don’t forget…. people who take care of elderly people… I am joint on a lot of my elderly family accounts… not only in Canada… its all their money…. I do not use any of it for my benefit… Never thought it was a big deal
On one of my letters to the Liberal MPs I decided to cc the MP’s PR person. At least I have an acknowledgement. You might also want to cc the PR people of the MPs.
“Dear Mr. Kish,
Thank you for copying Mr. Goodale on your letter to Prime Minister Designate Justin Trudeau. It will be brought to his attention.
Kind regards,
Scott
Scott Bardsley
Manager of Communications
@ US_Foreign_Person Yes being joint on relatives accounts is quite common. Being an executor for a relative’s estate is also a problem.
Looks like they are working on this list, EmBee, Stephen, others: http://www.parl.gc.ca/parlinfo/Files/Parliamentarian.aspx?Item=e4445566-ac85-47e6-8583-a705a8c2d0fa&Language=E.
That is the Calgary candidate I want to first set up a meeting with, Kent Hehr, Liberal MP, Calgary Centre.
Thanks calgary411.
I think I’ll hold my e-mail until the official contact list is posted (probably Nov 9th). It will be the same e-mail address as before for our re-elected Con MP but I’ll wait until he’s settled in again.
Putting Harper out on the street was a great success and I must say, satisfying.
Now must concentrate on getting a Republican candidate in the White House.
No American expat has any business voting Democrat in 2016. Every American expat has the responsibility to register and vote Republican, ESPECIALLY if you are in a swing state.
We can make a difference!
FYI tried to get a mortgage in a particular country this week and after learning I was American, was told would have better luck
taking Kim Kardashian out on a date.
This madness and predicament American expats are in really must stop. Justice and fairness must be done. How disgraceful the US government treats its citizen ambassadors.
It is especially disturbing when I see how well and respected expats of other countries are
taken by their governments. Some really go out of their way to assist and help to bring business home. America has absolutely no interest or feeling of responsibility for seeing it in that regard. Just make em all pay and use as tools to help fund past fiscal discrepancies of mainland policies. Such is the American way. So sad our people in DC cannot see the damage being wreaked. There is no way in hell that revenue from FATCA outweighs the collateral damage and fallout of all things considered. No chance.
I’ve never voted in a US election before, but this time I WILL VOTE REPUBLICAN!!!
2terrified2sleep, if you have never voted why start? Seriously, its something else they might use to hang you in the end. It shows a link to the USA.
EmBee, Stephen, others who are sending to newly-minted Liberal MPs, I just got this message when I tried to send messages with the XXXXX.XXXXX@@parl.qc.ca email address format.
So, yes, EmBee, probably best to wait.
@Brik Tamland
We cannot entirely trust the Republicans. RO is doing pretty good and Rand Paul is certainly doing some of the heavy lifting. However, look at this that I just poached from Tim over at American Expatriates facebook group:
Senate Republicans attempting to pass FATCA tax agreements over Rand Paul’s objections. http://www.foreign.senate.gov/hearings/treaties-102915p
Yup, there is another run being made at getting these treaties through. This is now like the third or fourth time. I am also monitoring this latest budget “Deal” supposedly being negotiated by Congress in the next few hours.
Don’t know if any of you have seen this story about the IRS using electronic surveillance technology, like the FBI, NSA, etc. do…
http://www.theguardian.com/world/2015/oct/26/stingray-surveillance-technology-irs-cellphone-tower
It seems that the IRS is only going to become *more* aggressive in its enforcement efforts in the future, not less. Everyone needs to do whatever they can to protect themselves and their loved ones and do it soon.
Also, in response to some of the previous comments in this and other threads that referenced voting for the Republicans as a solution to the American govt’s overreach and extraterritorial antics, I must say that anyone who believes that to be the case needs to give their head a shake. Rarely has a more xenophobic, blindly nationalistic political party existed on this planet and there is simply no way that the Republicans will do ANYTHING on behalf of expats when/if they regain power (refer to the findings of the Senate committee headed by Orrin Hatch and discover how our concerns are nothing but a footnote at the end and NO steps are even being looked at to remedy our situation). I heard the same kind of talk on these boards before the mid-term elections last year about how if the Republicans took the Senate they would fix it all. Well, they didn’t and a Republican president won’t either. I wouldn’t vote for Democrats or Republicans…they are both corrupt to their very cores and need to be voted out of office. Neither are our friends or any kinds of champions of liberty. To believe either of them will fix mess this is foolish…just my $0.02.
Rubio wants a territorial tax system for businesses and individuals. First candidate I’ve heard of who’d apply a territorial tax system to individuals.
http://www.foxnews.com/opinion/2015/10/27/pro-family-pro-growth-tax-reform-for-21st-century.html
@RefugeeFromAmerica
“It seems that the IRS is only going to become *more* aggressive in its enforcement efforts in the future, not less. Everyone needs to do whatever they can to protect themselves and their loved ones and do it soon.”
What you are saying is definitely the trend. Time for people to wake up and protect themselves. IRS using Stingray surveillance technology. It seems to me as well that there has been no one to vote for in the USA for quite some time.
@PatCanadian
“It seems to me as well that there has been no one to vote for in the USA for quite some time.”
That is absolutely the case. Continuing to vote for the same two corrupt parties over and over again and, suddenly, expecting different results is the very definition of insanity. Until/unless America decides to vote for something different, things are only going to get worse. It’s probably already too late for them to save themselves…
I’ve voted in every US election in the 30 years I’ve been abroad, since I always considered it my right and duty (yeah, I know, I’m a chump). Of course, looking at the renunciation form, I now see this works against me. The reason I will state below the “Have you voted?” box is: “Simply exercising one of my few rights as a US citizen overseas”.
If all goes well, I won’t be a US Person by the time of the next election, but if I am, I may still vote for the candidate who comes closest to opposing FATCA and CBT, like Rubio, even if it’s a fruitless effort. Though if it ends up Trump vs. Hillary, there’s no point voting for either.