Category Archives: Issues regarding US persons abroad

In case you haven’t heard, the Conservative Party is holding a convention in Calgary, starting Thursday October 31 (how appropriate!) and running through the weekend.

Some of us are trying to figure a way of getting some FATCA coverage amongst the Conservative delegates to the convention in Calgary next weekend. Musing about circulating the FATCA flyer and maybe also a copy of Hsu’s Q-121 question to delegates as they arrive, but we’ve learned that (surprise surprise) the convention centre is private property and leafletting isn’t allowed on private property, there’s only one area of public ground near the convention where the police will allow this, and not many delegates are likely to wander by that spot. Sort of sounds like G-20 in Toronto, doesn’t it?

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Based on comments received from people who were part of the recent Ottawa protest, as well as passersby, I revised the generic FATCA handout to be more Canadian specific, and hopefully a bit more concise and visually appealing. Thank you Pacifica777 for helping with the editing!

If anyone has any suggestions for further improvements please let me know. One suggestion, I received, but did not act upon, was to have a 2-sided hand-out with only the highlights on one side, and the details on the other. If anyone wants to take a stab at formulating the highlights for the opposite side, please feel free. My goal, was to at least have a one-sided hand-out ready for the Calgary protest.

Word Version:  What-is-FATCA-CAN-1-4

PDF Version:   What-is-FATCA-CAN-1-4

ADDITION by Calgary411: I’m taking he liberty of adding to this post (for use in conjunction with the FATCA Fact Sheet, for forwarding to government representatives, media, etc.) the COMBINED Q-121 and Q-127 in PDF format in more a more readable form (questions asked in the Canadian Parliament on October 25, 2013 by MP Ted Hsu and October 28, 2013 by MP Scott Brison, respectively). Canadian Parliament FATCA Questions 121 and 127 – Oct 25,28 2013

The FATCA Question — this needs to be answered by the Conservative Government of Canada and aired in the media before any IGA is signed. Your turn Mr. Harper, Mr. Flaherty, Mr. Shoom.

Thanks to Tim for this — and especially thanks to MP Ted Hsu.

(I will have a hand-out of the Q-121 at the mini-demonstration in conjunction with the October 31, November 1, November 2 Conservative Convention in Calgary.)

ADDITION, October 29: I’m adding to this post (for use in forwarding to government representatives, media, etc.) the COMBINED Q-121 and Q-127 in PDF format in more a readable form (questions asked in the Canadian Parliament on October 25, 2013 by MP Ted Hsu and October 28, 2013 by MP Scott Brison, respectively). Canadian Parliament FATCA Questions 121 and 127 – Oct 25,28 20133

Parliament of Canada, October 25, 2013, Q-121 — [Mr. Hsu (Kingston and the Islands)] — With regard to the implementation of the Foreign Account Tax Compliance Act (FATCA):

Questions

Q-1212 — October 25, 2013 — Mr. Hsu (Kingston and the Islands) — With regard to the implementation of the Foreign Account Tax Compliance Act (FATCA):

(a) what steps has Canada undertaken to complete an Inter-Governmental Agreement (IGA) with the United States;

(b) with what type of legal instrument will the government enact a FATCA implementation agreement;

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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.