OCTOBER 24, 2017 FATCA IGA legislation/FATCA litigation update.

Canadian (Alliance for the Defense of Canadian Sovereignty [ADCS] is the “client”) FATCA IGA legislation lawsuit:

We are suing (since 2014) the Government of Canada (specifically Justin Trudeau’s Attorney General and Revenue Minister), in Federal Court for rounding up Canadians having a U.S. taint and turning them over to a foreign government. We argue that this violates Canada’s sovereignty as an independent nation and its Charter of Rights that is meant to protect all Canadians.

As to next steps, it now appears likely that most, if not all, of our brave lay witnesses, who provided written affidavits demonstrating harm, will NOT be examined by the Government lawyers. This is good news as it means that we will get to trial “sooner”. We do expect, however, that our expert witnesses will be cross-examined by Government next.

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Thanks to Helen who has written this post on Re-instating US Citizenship after Renunciation.  It’s a topic that doesn’t have a lot of coverage, and your knowledge and thoughts will be appreciated.

*****

I was granted my CLN in Sept 2014, the last day before the price increase from $495 to $2350.

I need to try to re-instate my US citizenship due to schooling needs of my son, as I am not finding adequate provision for his special needs in my resident country overseas and would like to return to the US for him. He is a US citizen.

The CLN is a 2 sided document.  On page 2, the back side covers Appeal Continue reading →

We’ll be getting together for lunch Saturday, 18 November, at 2:00 pm at Montana’s BBQ Restaurant, 1750 Ogilvie Road, Ottawa.  Plenty of free parking on site, also accessible by city bus.

We’re currently expecting 10 people — hope you can come, too!   Please rsvp by posting a comment here or e-mail me at pacifica at isaacbrocksociety dot ca

Coming from Montréal?  A Montréal Brocker would appreciate a ride. I can put you in touch by e-mail

[OCTOBER 24, 2017 POSTMORTEM: MANY THANKS TO THE SIGNERS! — RO says: “We now have 3027 petitions …plus 535 letters… Fewer than we wanted, but still respectable.” ]
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From JC:

I nominate ,,, for a IBS feature.

The ACA RBT plan got a feature so this should as well. Karen wrote the into there. I don’t think much intro is needed. Just post as a feature and to highlight for comment.

Democrats Abroad survey report now out.

Can We Please Stop Paying Twice – Tax Reform for Americans Abroad

[“American Citizens Abroad (ACA)with 40 years of advocacy on this issue, has led the charge for RBT, proposing a roadmap or outline to Congress showing them how they can get from where the US tax regime is today to where it should be with RBT”.] — From a Forbes article

My reading of the ACA proposal is that it is a “Roadmap to IRS compliance”.

— This post is another opportunity to tell American Citizens Abroad (ACA) what should go into their residence-based taxation proposal. Should you be interested, I am asking for your comments in the form of text that could be included in the ACA proposal.

The discussion with ACA is, in part, whether, to obtain a “departure certificate” (get out of jail card) it makes any sense for a person living permanently outside the U.S., who has:

—no meaningful relationship with the U.S. other than by birth or parentage,
—another citizenship from his/her local country,
—and who does not want to be a U.S. person;

should suffer ANY IRS compliance cost and uncertainty (see the correspondence below).

— First, I suggest that you read the ACA RBT proposal.

— Then read my question followed by a response from Mr. Charles Bruce, on behalf of ACA.

Questions include whether non-meaningful/”accidentals” should be mentioned, or not, in the ACA document as a distinct group. Should persons with no meaningful relationship to U.S. be treated differently than consenting, “real” Americans? Is it reasonable or not that anyone should require a departure certificate? The ACA Roadmap requires all affected to enter into some IRS compliance (and potential harm): Can this be morally justified?

I asked ACA the following question:

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THURSDAY OCTOBER 12, 2017
3:00 – 5:00 pm P.S.T.
Crown Isle Resort & Golf Community/Copper Room
399 Clubhouse Drive
Courtenay B.C. V9N 9G3
MAP

The life of a dual-filer doesn’t have to be complicated.
Join our seminar and learn about the many strategies that can help you maximize your after-tax income and remain compliant.

You may be a dual filer if you are a long-term dual citizen of the United States and Canada; are Canadian born with an American parent; are an American Green Card Holder or live in Canada with American citizenship.

In this seminar, specialist John Richardson will cover topics such as:

• Investment restrictions to be aware of
• Forms you need to file
• Managing estate planning issues
• Whether to keep your U.S. citizenship
• Exit Tax (and its misconceptions)
• Coming into compliance

Your Host Lara D. Austin BA FMA CIM
Investment & Wealth Advisor
RBC Dominion Securities

 
 
 
 
 
 
 
 
 
 
 
John Richardson B.A., LL.B., J.D.
Citizenship Lawyer
citizenshipsolutions

OCTOBER 1, 2017 Canadian FATCA IGA legislation litigation update.

In addition to sending letters to a foreign country, some of us, with a lot of support, are engaged in suing our own country, the Government of Canada, in Federal Court for rounding up Canadians having a U.S. taint and turning them over to a foreign government. We argue that this violates Canada’s sovereignty as an independent nation and its Charter of Rights that is meant to protect all Canadians.

This is just a minor update for this long (since 2014) litigation. Basically we are now in a temporary holding patter waiting for a response from Government:

Plaintiff activities. Both Gwen and Kazia, our heroines, have now been subjected to oral examination by Government lawyers (and are OK).

Litigator change. Our retainer contract for legal services is with the Vancouver law firm of Farris, Vaughan, Wills and Murphy. This has not changed. One of our litigators, Mr. Joe Arvay, has left (as of today) Farris for a smaller firm. Our Board has decided to remain with Farris where we will be well-represented by the lawyers there who have long been working on our case: David Gruber and Arden Beddoes.

Waiting for Government response. I would really like to give you now a sketch of next activities and timelines, but can’t.

We are now at a stage in which we cannot proceed until the Government responds to our repeated requests as to the procedures Canada will require before our trial on the charter-constitutional issues can be heard. Until we hear from Canada it is not possible to predict the litigation steps for the next several months — since the ball is really in Canada’s court.

I am hopeful that we will receive a response from Government in the next few weeks or so, and then I can provide you with a more meaningful update.

Sorry for the slow pace of litigation, but we do move forward.

For the Alliance for the Defence of Canadian Sovereignty Board,

Stephen Kish

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Persistence pays off!
Suzanne Herman, a long-time Brocker, never gives up & look at the result!
We need more of this kind of thing!
BRAVO!!!

See the original here

September 29, 2017
The Honorable Steven Mnuchin
Secretary of the U.S. Department of the Treasury
1500 Pennsylvania Avenue, NW Washington, DC 20220

Dear Secretary Mnuchin,
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