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
https://www.irs.gov/uac/Newsroom/Offshore-Compliance-Programs-Generate-$8-Billion;-IRS-Urges-People-to-Take-Advantage-of-Voluntary-Disclosure-Programs
IRS admits it has collected peanuts since 2009 from ‘secret accounts.’ The IRS has collected only $8B since 2009 or $1.2B per year. Really? That should make a huge dent in American’s $18T national debt.
If interest rates go back to say 3% and the US fully rolls over its debt on that basis the interest would be $540B per year. To demonstrate how ridiculous this ‘victory’ is $1.2B would pay for only 20 hours of interest on the national debt.
Double the extra tax, times it by 10, it’s still peanuts and will never solve America’s fiscal woes. If interest rates ever went back up to 5% it becomes even more of a farce.
Commissioner expats will NEVER solve the US’ money problems. You should be telling Congress to work on real solutions (like a federal VAT) and stop wasting IRS’ resources on FATCA.
http://www.bbc.com/news/world-europe-34824375
FATCA has put American expat’s personal security at risk with ‘ready made’ lists of US persons on foreign bank’s servers.
Since June IS has killed the following:
June – 30 Brits killed in Tunisia.
October – 102 Turks killed in Ankara and 224 Russians killed in Egypt.
November – 132 people killed in Paris (mostly French).
Where is the next attack coming? Why should terrorists have ready made lists available? Personally I have worked in a bank and have seen first hand how easy it’s to go into databases and get customer’s information. Very easy.
On top of that you have a steady stream of temps, and contractors being given access to personal information with little or no controls.
That’s how much the US Congress cares about its ex-pats for a few billion that doesn’t even put a dent into the US’ fiscal problems.
As with many other Trudeau platitudes, his pledge to look at FATCA will be tossed aside. Given the way Obama has treated Canada on other issues, he should delight at rejecting FATCA. Instead, his behaviour so far indicates otherwise, in fact it sounds like he’s more than on-board with it.
Has anyone considered how/if this lawsuit will impact the QI program (W8-BEN and W-9 Forms)? These forms existed long before FATCA, and as I understand, only those with U.S. investment income were forced to fill them out. I’ve been hearing lots of stories about individuals with no U.S. sourced income being forced to fill them out as a way to identify them for FATCA. My fear is that every account holder in Canada will be asked to fill out one of these.
Is this program part of the lawsuit?
If the lawsuit is successful, will Canadians still be forced to fill out these forms because they are technically not part of FATCA?
That’s a great question, Marie, but why would the banks continue to satisfy the terms of an agreement that’s been struck down in court? From what I understand, those forms are generally held by the bank and only released to the IRS under an audit. Canada’s IGA requires the account information go through the CRA, as Canadian banks aren’t authorized to send info directly to the IRS.
“Invest additional resources to help the CRA crack down on tax evaders and work with international partners to adopt strategies to combat tax avoidance.”
Anyone who uses the term tax avoidance when referring to tax evasion is a noodle, but this statement isn’t clear whether he’s confusing the two. Could he not be referring to eliminating actual legal strategies that allow corporations to avoid tax through international schemes?
@Don
“On top of that you have a steady stream of temps, and contractors being given access to personal information with little or no controls.”
The USA have launched tax terrorism via FBAR and FATCA; some will survive it, some won’t.
“why would the banks continue to satisfy the terms of an agreement that’s been struck down in court?”
TD Waterhouse, in Canada, demanded a W-9 from me in 2002. They didn’t say why and I didn’t know about the Qualified Intermediary junk, but anyway it wasn’t due to a governmental agreement.
@Bubblebustin
“but why would the banks continue to satisfy the terms of an agreement that’s been struck down in court?”
It’s not the QI program that’s being challenged in court, it’s the FATCA implementation legislation that’s being challenged. QI has been in place for a long time. Maybe I’m just paranoid or overthinking it (as usual). Prior to FATCA, QI only applied to people who had U.S. sourced investment income, meaning you were safe if you had zero US investments. Maybe if the IGA is deemed unconstitutional, QI will continue to exist only for people with US investments. (Hopefully)
Coincidently, there’s some discussion going on about this very thing on another thread, Marie.
https://isaacbrocksociety.ca/fatca/comment-page-131/#comment-6855973
“Prior to FATCA, QI only applied to people who had U.S. sourced investment income, meaning you were safe if you had zero US investments.”
TD Waterhouse, in Canada, deducted 10% Canadian withholding PLUS 30% US withholding from my CANADIAN SOURCED investment income in 2002. They didn’t say why and I didn’t know about the Qualified Intermediary junk, but anyway it wasn’t due to a governmental agreement.
10% Canadian withholding was correct because I live in Japan.
I have always had a great interest in the provisions for health care for refugees. It serves all of us best and is and should be public policy for the health protection of all of us. But I thought this was one of the very first announcements that the Liberals stated they reintroduced quickly after the election. Did I dream this?
From the top of this thread:
“FOR THOSE “PRACTICAL” CANADIANS (UNLIKE MYSELF) WHO WANT TO AMEND RATHER THAN REPEAL THE FATCA IGA ENABLING LEGISLATION, WHY DON’T YOU TELL THE ATTORNEY GENERAL HOW EXACTLY YOU WANT THE LEGISLATION AMENDED? EXCLUDE CANADIAN CITIZENS LIVING IN CANADA PERHAPS? [Jody.Wilson-Raybould@parl.gc.ca] If you don’t speak up now she will assume that you are ok with the FATCA turnover of your once private banking info.”
I encourage all Canadians to do this if you have not already done so. Let our new Attorney General know exactly what you want her to do regarding FATCA.
Because that would be rude, Marie 😉
LOL, was just about to write what Bubble’s wrote, then scrolled down to see it had already been written.
Although, Brockers are not known for their rudeness, no doubt if we do not get the response we are looking for from the Liberal party, we will make an exception and let them know what to do with their FATCA IGA.
LOL, just got it. I guess what I really want her to do with FATCA is pretty rude.
I’m contemplating emailing the new AG Wilson-Raybould that if they are unwilling to modify FATCA’s imposition on our supposedly sovereign country, I’d like them to expand the options we CBT victims in Canada have with regards to our registered savings, specifically non-bank related options (physical gold, real estate, art etc.) that would be totally non-FATCA reportable, but totally RSP/TFSA/RESP eligible. I’m hoping this might better illustrate the bullshit we’re up against.
Any feedback before I do this?
@ PierreD
There’s another non-reportable option — cash. But, as you are probably aware, there is a plan afoot to eliminate cash, everywhere. Sweden is quickly moving towards being the first cashless society. The fools actually think this is a good thing (such is their conditioning). It’s another example of giving up freedom for a false sense of security. Where’s the security in having your bank take sole control of every cent you own while inflicting those infamous negative interest rates they are talking about these days (i.e. you pay the bank to keep your money)? A cashless society would enslave us even more to the worldwide banking elites and our own governments (or maybe it would be a world government by then). Every deposit, every disbursement, would be recorded, reported and scrutinized for something punishible with confiscation. Could you put in a word about how important it is for CBT victims to have the option and freedom of being able to hold and spend non-reportable cash? We must be on guard against the cashless society.
PierreD,
My own personal preference is that the new Attorney General be asked to abandon defence of our lawsuit and that the entirety of the FATCA IGA enabling legislation be killed as it violates our Charter — which protects EVERY human residing in the country of Canada.
Many others hope that there would be some “carve-out” for Canadian citizens as a practical suggestion. This I would not oppose, but it would not be my first choice.
I am less concerned about what you write to the Attorney General, but more worried that only a few Canadians will be sending the letters. We still need many more Canadians willing to send letters. Few seem to care enough to email or send a letter. The opportunity ends soon.
Ours is also an uphill battle given that the banks and the Canadian civil service (advising the AG) will try to block our efforts and we do lack public support.
Thanks for your willingness to email the AG.
@Stephen: I have written to my own MP and other MPs, Ministers of Finance, Foreign Affairs and Citizenship and President of Treasury Board.
Today I sent an e-mail to the Justice Minister:
http://maplesandbox.ca/2015/dear-justice-minister-fatca-encroaches-stop-fatca/
@Stephen: I have written to everyone I can find an addy for in the Canadian government along with Maddow, Van Susteren, Rolling Stone, AmCham, Arbour, Warren and whatever other warm body I can find an addy for. (I also find great joy in periodically shaming the DA, ACA, TAP, Bernie, Hillary and Marco. Today I took on the AARO just cause I was bored).
Blaze, thank you for sending the letters.
Today I will be sending an email with letter follow-up to the Attorney General.
I am asking her to consider especially one of the Claims of Ginny and Gwen: that the imposition of the FATCA IGA enabling legislation, under threat of economic sanction, violates one of the unwritten principles of our Constitution — that Canada is a sovereign nation.
@ Stephen Kish The only acceptable “carve out” regarding FATCA is to exclude ALL residents of Canada. I have sent my letters requesting this or complete repeal to several MPs including the Attorney General.
@blaze
Thank you from me also for sending the letters. Days like today can be very discouraging for me. I keep trying to figure out the lack of public support,and yet I know I shouldn’t head in that direction.That way is folly. The support I find here from the friends I have yet to meet,means so much. Some days I just need to remind myself that Gwen and I are really not alone in this.
To all you who are helping, thanks and thanks for keeping my spirits up,especially on days like this. To all who are affected-we will get this resolved together some day.
This I do know.