A minor UPDATE:

We had hoped that the submission to the Federal Court of Canada for the FATCA IGA enabling legislation Charter-Constitutional trial would have been made in January, but there is still a “technical” issue that has to be sorted out first by the Case Management Judge, who is supervising the litigation.

I am hoping (but not promising) that our submission can be made in February/March and still anticipate that the trial will take place in 2017 (I am guessing that the location will be in Vancouver).

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Surprising number of foreign students r Muslim -universities could see revenues shrink if students r barred https://t.co/2SnTZxTN8i pic.twitter.com/SBCf3SgPZJ

— Patricia Moon (@nobledreamer16) January 29, 2017

Recently I received a paper from an expat in Australia-it is a submission to the Ways and Means Committee. I am very impressed with it and shortly thereafter came across this article at the NYT.

Both Canada and Australia choose to take a positive approach and encourage the immigration of those who have studied in their countries; the citizenship process is fast-tracked. The U.S. on the other hand, has an extremely difficult regime which makes the path to citizenship much more difficult. As with other policies we are aware of, the U.S. once again, shoots itself in the foot with it’s exclusionist attitude. Add to that, President Trump’s Executive Order effective today, will likely prevent some who are already studying in the U.S., the ability to return and continue with their studies. The following groups of people find themselves barred from entry into the United States:

• suspended entry of all refugees to the United States for 120 days
• barred Syrian refugees indefinitely
• blocked entry into the United States for 90 days for citizens of seven predominantly Muslim countries: Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen
• barred green card holders from those countries from re-entering the United States

It is fairly well-known in the expatriate community that USCIS has no information for new immigrants warning them of what is involved in citizenship-based taxation and the ramifications of it should they desire to return to their home countries one day, without renouncing their U.S. citizenship. The more likely “hit” they will take, are the FBAR and FATCA provisions with the emphasis on reporting foreign accounts and assets. This is particularly obscene in that many of these students will have accounts in their home countries solely for sending money back to help their families. So perhaps the students who will NOT come to/remain in the U.S. are, for the moment, more blessed than they can possibly appreciate, by not entering/remaining in the U.S.
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I recently celebrated my fifth anniversary of freedom from all things “American.” Ironically, it coincided with the inauguration of Donald J Trump as POTUS. I’ve been a bit distracted by the confirmation hearings and the immediate movement via Executive Orders on some of the less than charming policies that to my mind and heart, are completely un-American. Oddly enough, it reminds me of the beginning of my expat saga, with the all-too-familiar horror of how vicious and unrelenting the US has become. The main thing that becomes apparent, is how important Brock has become, not only to all of you, but also, to me.

Looking back, it is hard to imagine any part of my expat experience that does not include Brock (probably about 6 weeks total). The site has been so much more than we anticipated. We developed our knowledge and outlook through combined research, in order to protect ourselves from the “alternative facts” being promoted at the time by the tax compliance industry, the media and government figures like Levin and Shulman. Secondly, it was the ONLY place expats could go for support; to get reassurance that this was not imagined or exaggerated. Everything about the OMG moment was 100% true. People leaned on people for the support they didn’t get from their spouses, parents, families, friends, employers or representatives. Without Brock, I don’t think there would be ADCS-ADCS or the Canadian lawsuit. There would not have been the network of people to help with and promote the Information Sessions. There would not have been such a massive submission to the Senate Finance Committee. No Brock SWAT team on the endless comment sections of articles. (SWAT=”Special Writers and Thinkers). No expansion into the various FB groups and Twitter accounts. No ADCT. No mini
protests. No “We Are Not a Myth.” No submission to the United Nations. No campaigns to reach out to journalists, mayors, other expats, etc. I am probably missing things but you get the idea.

Perhaps one of the most unexpected directions Brock took was to be the focal point for donations for the ADCS-ADSC lawsuit in Canada. It is probably this that changed Brock more than anything else; Brock is not at all the same as it was in the beginning. This is hard to explain to newer people but it is true all the same. And over time, Brock has developed an international visibility. It is a place where letter writing campaigns and Twitter rallies are organized. It is a place where the more “shocking” ideas are explored (shocking to the Homelander-American exceptionalist viewpoint). It was, I believe, from Brock, that the strongest “screaming” became evident and which helped push certain changes that have occurred in the last five years. The fact we were not “politically correct,” not afraid to speak out against US policy, Shulman, Levin, Obama, et al is what made us different. Things we started with (renunciation, remaining full-ostrich) were so taboo five years ago. I remember being shocked at renounceuscitizenship’s blog -wincing at the very title (even though I had already decided that was what I was going to do)! These developments were what didn’t happen in the other expat forums, groups (or considered by the professionals) and absolutely what needed to happen. There is not one shred of doubt in my mind that Brock is what made the now common renunciation movement, possible. We own that.
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reposted from MapleSandbox

by Lynne Swanson

#FATCA Americans overseas: Do NOT allow US tax pros scare u into entering US tax system. Many have no business entering!

— Keith REDMOND (@kredmond_global) January 19, 2017

Backing up the above tweet, Keith Redmond posted the following on Facebook:

Dear Members: I just had a lengthy, robust call with an individual who spent 25 years in upper management with the Department of Treasury IRS Criminal Investigation. He confirmed what I thought about the IRS. There is more bark than bite. He stated that there are many, many Americans overseas ho have no business in entering the US tax system and that Accidental Americans UNDER NO CIRCUMSTANCES should enter the US tax system. He confirmed that there are MANY US tax pros who prey on Americans overseas and Accidental Americans through fear and falsehoods. (e.g. you will get arrested, etc.). Any US tax professional who pushes and scaremongers these individuals to comply are not professionals and should not be used! He confirmed that the IRS is NOT going to go after you in your country of residence (most especially if you are a citizen of that country) and the IRS is NOT going to arrest you at the US border. The IRS does not have the resources to do this plus they go after those who have committed a crime not the average American overseas. He stated that Americans overseas need to not succumb to the fear. Excellent conversation and I am glad my views have been validated.

This reflects what I have long believed. Unfortunately, there is still the nightmare of FATCA to deal with. In some countries, anyone born in the US cannot even get bank accounts. We are treated as criminals just for banking where we live.

I asked Keith how his contact explains and justifies this.

Keith replied:

He can’t. He finds the whole situation abhorent…

original article in French HERE

reposted from Anmerican Expatriates Facebook Group

ACCIDENTAL AMERICAN’: I LIVE HELL. I HAD TO GIVE UP MY DUAL NATIONALITY (I.E. RENOUNCE MY US CITIZENSHIP)

Keith Redmond says:

Thank you Fabien Lehagre or making sure this injustice stays in the press! The homeland US press refused to report on it. I know Caroline and her story is one of millions where the US government is ruining the lives of people outside the US.

English translation below.

Caroline, 37, was born in the U.S. of French parents and lived there for two years. Franco-American, her dual nationality was unfavorable to her when she discovered that she had to pay taxes there. The U.S. is one of the only countries in the world to base the taxpayer’s status on nationality and not on place of residence. Stuck in a legal imbroglio, it tries desperately to regularize its situation.

Caroline says:

I was born in 1979 in Los Angeles. My parents were French, but they were expatriates in the United States for professional reasons.

All my life, I had dual French-American nationality. Even though I only lived for the first two years of my life on the other side of the Atlantic, I always found it amusing to have this double status. I was the only one of my siblings to have this peculiarity.

I remember returning to the United States when I was seven, then in 2008 with my husband. Always with my French passport since I never redone my American identity papers.

A legacy blocked because of “my clue of americanity”

Since July 2014, France and Switzerland have undertaken to disclose the tax data of their US residents. For the moment, this device is not reciprocal. As a lawyer, I had heard about the Fatca (Foreign Account Tax Compliance Act), a law to combat tax evasion, but I never thought I would be directly involved.

I have always paid my taxes in France, and since I have never really lived on American soil, why should I have had to pay taxes in the United States? I was wrong. In reality, the United States is one of the only countries in the world to base the taxpayer’s status on nationality and not on place of residence.

I understood it in September 2014, a few months after the death of my father. The succession had to be settled. I thought there would be no worry, but I received a letter from my father’s bank, BNP-Paribas, to point out that I had a “clue of americanity” because of my place Of birth. So I was concerned about the famous Fatca law.
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Are you a Canadian citizen and resident and have you renounced U.S. citizenship and have paid or are subject to the U.S. Exit Tax (IRS 877A)? [No, I do not mean the $2350 fee.]

If so, we ask you to consider being a Witness in our Canadian FATCA IGA lawsuit.

You might have renounced U.S, citizenship but own, for example, a now valuable house (i.e., Canadian-made IRS asset eagerly waiting to be confiscated) in Toronto/Vancouver/London etc. and have (because interest rates are now very low) a very valuable IRS-asset-company pension (IRS wants percentage of cashed out total value of your CANADIAN pension)— and had/have to pay a U.S. exit tax.

From the Toronto Star: “In a sign that Toronto’s real estate market is off to a hot start this year, a home on Palmerston Ave. north of Bloor St. near Bathurst St., has sold for 62 per cent more than the sellers paid two years ago. The three-bedroom semi went for $1.375 million on Tuesday. In December 2014, it sold for a mere $851,750 — $523,250 less.

— The value in U.S. dollars of your CANADIAN house, plus CANADIAN company pension, plus a few CANADIAN investments, might put you into “covered” territory where you, a CANADIAN, will be be punished for your success.

Information on the exit tax and examples of the exit tax can be found at the citizenshipsolutions.ca site.

We are specifically seeking as a possible Witness in our Canadian FATCA IGA lawsuit a person who:

— Has renounced and has paid an exit tax (the ideal witness);

— Has renounced and will be subject to exit tax;

— Is intending to renounce and know that they will have to pay exit tax; and

— Cannot afford to renounce because they have no way of paying the exit tax

If interested, and perhaps a little bit feisty like our Plaintiffs and Witnesses, email me at: Stephen.Kish.Chair@adcs-adsc.ca Your name and situation will be made public in a submission to the Federal Court of Canada.

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