Category Archives: Issues regarding US persons abroad

Hello ,

Thanks for writing us about the U.S. Foreign Account Compliance Act (FATCA). First off, we want to thank you for your important work on the social determinants of health.

Regarding your question, we share many people’s concerns that FATCA’s sweeping provisions on financial disclosure will have significant consequences for dual Canadian-American citizens and Americans with landed immigrant status lawfully living here in Canada. New Democrats have consistently challenged the over-reaching aspects of FATCA and have urged the Conservative government to negotiate protective measures for those citizens who will be burdened by FATCA’s onerous regulations.

We are also troubled that the secrecy of these negotiations with the US is detrimental for citizens with legitimate concerns relating to privacy and financial pressures. They must rely on media reports for developing news and have no opportunity to have their views considered in a meaningful way.

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bubblebustin has asked me to post Julie Kessler’s recent article which appeared briefly on her blog and immediately picked up and published by The Los Angeles Daily Journal. Several from Brock approached her to see if it could be available as a resource here.

For her sensible, informative contribution Julie Kessler is nominated for the Isaac Brock Hall of Fame.

Here is part of the email received by those who helped make this article now available:

Thank you all for your emails and your praise of my recent article, which is much appreciated. One of my main objectives in writing, especially in articles having to do with the law, is to try and humanize it so that others may reflect on its collateral cost and effect.

Following is a link to this previously referenced article on FATCA and its unexpected collateral damage, written by attorney and author Julie L. Kessler, which appeared in the October 18, 2013 edition of The Los Angeles Daily Journal, the largest west coast publication providing legal news of interest and other legal information: The expats’ dilemma–article published in the L.A. Daily Journal The expats’ dilemma–article published in the L.A. Daily Journal

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SUNDAY, NOVEMBER 3, CANMORE DEMONSTRATION CANCELLED — I just got word from OutragedCanadian:

I highly recommend that you don’t try driving to Canmore tomorrow morning. Roads were not good this evening, and it’s still snowing like crazy on the highway. Very slick and not good vision.

IRSCompliantForever said Any possibility of a few “no to FATCA” signs outside the Oct 31- Nov 2 Conservative Convention in Calgary?

Also, does anyone know of any delegate who might be willing to ask an anti-FATCA question or try to obtain support at the convention for an anti-FATCA policy? There will be sessions on taxation, constitution, and policies. Going to Calgary for the Tory Convention — Know Anyone Who Is?

The Conservative Convention takes place at the BMO Centre on the Stampede Grounds, private property, so we cannot get up close and personal with delegates.
(I will have FATCA Facts and Q-121 hand-outs — and more will be in my car which will be parked as close to where we’ll be. And now, in fact, I have tons left — I had printed too many!)

FRIDAY EVENING UPDATE:
Friday, November 1: 10:00 a.m. See summary of the day below, Comment re Friday Two-Women FATCA Protest, Calgary, AB. A worthwhile day for two, at the end, frozen-through gals with a message.

Saturday, November 2: As there is no one who able to help out tomorrow, I am not going out — there is a heavy snowfall warning for Calgary. If road conditions are reasonable on Sunday morning, I’ll drive to Canmore to stand with Outraged — the Conservatives visiting Canmore will say — “There they are again — those two FATCA ladies. We’re being stalked.”

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The European Parliament has voted to suspend its SWIFT data exchange agreement with the US.

They’ve called for US access to the SWIFT database to be halted following concerns that the US is spying on the EU, and not simply trying to combat terrorism.

EU lawmakers suspect that the US has abused an agreement giving it limited access to SWIFT.

http://www.euronews.com/2013/10/23/european-parliament-votes-to-suspend-its-swift-data-exchange-agreement-with-the/

More on the merging of the terms “tax avoidance” and tax evasion.”

“…there is nothing sinister in so arranging one’s affairs as to keep taxes as low as possible. Everybody does so, rich or poor; and all do right, for nobody owes any public duty to pay more than the law demands… To demand more of mortals is mere cant.”

Learned Hand in Commissioner v. Newman, 159 F2d 848 (1947).

MORALITY and TAX (by Kim G C Moody FCA, TEP, Moodys Gartner Tax Law LLP

And to top it off, the International Bar Association has recently released a report stating that the facilitation of tax avoidance strategies could constitute a violation of international human rights law.

Will their fellow Minister Jim Flaherty follow Hogg’s advice on FATCA too? While we are at it why not submit the text of the US model 1 FATCA IGA for a Supreme Court of Canada reference?

http://www.justice.gc.ca/eng/news-nouv/nr-cp/2013/doc_32973.html

The  Honourable Peter MacKay, P.C., Q.C., M.P. for Central Nova, Minister of Justice  and Attorney General of Canada, announced today the steps the Government has  taken to clarify certain eligibility criteria of Supreme Court Justices.

A Reference will  be launched by the Attorney General of Canada, in the Supreme Court of Canada,  relating to appointments to the highest court. Declaratory provisions have also  been introduced to the Supreme Court Act.

“Our Government will defend the eligibility of  longstanding members of the bar in all provinces and territories to sit on the highest court in Canada,” said  Minister MacKay. “Longstanding members of the Quebec  bar should be,  and are under  the law,  treated the same as  lawyers  in other provinces and territories in Canada.”

According to the  legal opinion of former Supreme Court Justice Ian Binnie, whose professional  recommendation was sought before the appointment of Justice Nadon, someone who has been an advocate of the Quebec bar for at least ten years at any time during their career is  qualified to be appointed to the Supreme Court of Canada.  This view was also supported by both former  Supreme Court of Canada Justice, the Honourable Louise Charron, and noted  constitutional expert PETER HOGG.

Treasury Department spokesman Robert Stack claims it’s a myth that US persons living their everyday lives outside the US are being harmed by FATCA.  We know it’s true because the damage FATCA has caused and is causing to our lives is real.

In relation to the Stack statement, Tim noticed that Treasury was “re-iterating on twitter that NO ONE will give up their US citizenship because of FACTA and that it is only a myth that that is happening,” which caused Not Amused to write, “That makes us all mythical creatures then. If anyone related to any US government agency ever tries to contact me, I’ll tell them to have their head examined because people like me don’t exist.” 

“We Are Not a Myth” is a protest on Tumblr where we  post our photos to show that we are real.  You can show your face or hide it in your photo, as you wish, and you can add a message along with it.  You can add your photo yourself  OR e-mail atticusincanada@gmail.com and she’ll add it to the display.

Thanks much, Atticus, for setting this up on Tumblr.  Thanks to Blaze for the original suggestion, “It occurred to me that would be great to do around the world as a Treasury Myth Buster. Each person could do their own sign I Am Not A Myth and perhaps the country.”

And thanks all for your photos – the visuals are so eloquent!