$95,250 needed in 75 more days to make the $100,000 August 4 2015 (our Federal Court day) payment for Canadian FATCA IGA lawsuit/ Il nous reste 95,250 $ à ramasser pour notre poursuite judiciaire

Featured

UPDATE MAY 21 2015: 75 DAYS TO MAKE $100,000 AUGUST 4 (our Federal Court day) LEGAL FEE PAYMENT: see also LITIGATION UPDATES See MOTION RECORD FOR AUGUST 4-5 SUMMARY TRIAL VOLUME 1, VOLUME 2, VOLUME 3, VOLUME 4, and MEMORANDUM OF FACT AND LAW.

YOU ALREADY DONATED $400,000 TO PAY LEGAL FEES. WE NOW NEED $95,250 TO MAKE THE $100,000 AUGUST 4 PAYMENT FOR GINNY AND GWEN’S CANADIAN FATCA IGA LAWSUIT.

Please DONATE to www.adcs-adsc.ca (ADSC en français). You can SEND DONATIONS by cheque, cash (with no return address; it works), PayPal, and transfers. Vos dons de $ 25 sont utiles.

[We are in Federal Court of Canada in 75 days.]

Our summary trial will be heard at Federal Court, 701 West Georgia Street, Vancouver, British Columbia, commencing on Tuesday, August 4, 2015 at 9:30 a.m. for a maximum duration of two days. See Litigation Updates for details, the actual summary trial filings and our thoughts on the summary and full trials.

PLEASE DONATE to www.adcs-adsc.ca (ADSC en français). You can SEND DONATIONS by cheque, cash, PayPal, and transfers. Vos dons de $ 25 sont utiles.

On August 11, 2014, Litigator Joseph Arvay filed a FATCA IGA lawsuit in Canada Federal Court on behalf of Plaintiffs Ginny and Gwen, the Alliance for the Defence of Canadian Sovereignty (en français), and all peoples. See Alliance’s Claims, Government response, our Alliance blog, and litigation updates. See MOTION RECORD FOR AUGUST 4-5 SUMMARY TRIAL VOLUME 1, VOLUME 2, VOLUME 3, VOLUME 4, and MEMORANDUM OF FACT AND LAW.

You ALREADY have paid FOUR $100,000 LEGAL RETAINER BILLS — not a small achievement for small donors.

— Your support is requested by Plaintiffs Ginny and Gwen of Ontario, Canada, who accept high personal financial risk including possibility of personally paying portion of Government legal costs if we lose lawsuit.

— Please DONATE to www.adcs-adsc.ca (ADSC en français).

Continue reading

Canadians’ Choice Party Gets FATCA Implications

These are words we want to hear from a political party hoping to be elected:

The Canadian’s Choice Party (CCP) pledges to “rip up” Canada’s FATCA IGA and return Canada to Canadians. The FATCA IGA is immoral and undemocratic. It’s not in the interests of Canada and individual Canadians.

CCPUnfortunately, those words are not from the Cons, Libs, NDP or Greens. They are from Canadians’ Choice Party.

CCP is an Ontario provincial party that is hoping to register as a federal party.

I spoke with Bahman Yazdanfar, CCP’s founder and leader today. It was refreshing. He gets what FATCA means for us and for all of Canada.

Mr. Yazdanfar is not a “U.S. person.” He was born in Iran. He worries that what the “government is doing to our brothers and sisters from south of the border” has implications for all Canadians.

CCP asks:

“Which group of Canadians will be next?”

And what will the government do to them and their rights?

Mr. Yazdanfar told me when he attended FATCA meetings and saw “grown men and women in their 50s and 60s in tears,” he was reminded of time he spent in Afghanistan and what governments did there to citizens. He recognizes FATCA is not the government coming to people’s homes like in Afghanistan, but he fears FATCA and other government policies could be the tip of the iceberg.

About CCP, he says:

We don’t dictate policies.

Instead, Mr. Yazdanfar insists democracy should belong to the people–and not to political parties. So, he says CCP’s goal is elect “representatives of the people” who will listen to the people.

First, CCP must be registered as a federal political party. One of the things they need to do is have 250 eligible voters join the party and complete a declaration to Elections Canada. If you want the Canadians’ Choice Partyto become a Federally Registered Party, you can be one of the 250 original signers. Check it out at CCP.

John Richardson was a candidate for CCP in a provincial election but has no other formal involvement in the party.

Happy Victoria Day

Happy Victoria Day Canada. Happy Victoria Day

“We are not interested in the possibilities of defeat. They do not exist.” (Queen Victoria)

Let’s make Queen Victoria proud. Do not consider the possibility of defeat.

Donate to ADCS to fight FATCA.

FATCA British Church Bell Ringers

How crazy can all of this get?

British church bell ringers were FATCAed when opening a Church Bellsbank account in a British Co-operative Bank.

The bank demanded information not only on the 76 year old Treasurer but on every one of the 12 bell ringers.

The church bell ringing treasurer gets it.

“Just imagine the pile of confidential information sitting on someone’s desk if we had 1,000 members,” Mr Campbell said. “The request is so unrealistic, but to my amazement my complaint about this was rejected.

“We do not ask people for their age, let alone their birth date or bank details, when they ask to join the group. If we made it a condition of membership we would soon have no members. Also, most banks recognise identity theft as a growing problem. People shouldn’t be asked to give their exact birth date or bank details for no good reason.”

The Co-op does not get it.

“Like all banks, we have increased the checks we need to do when customers apply for an account.

FATCA Summary Trial Filing

GINNY AND GWEN’S MOTION RECORD FOR AUGUST 4-5 SUMMARY TRIAL IS NOW POSTED ON OUR ADCS WEBSITE. SEE VOLUME 1, VOLUME 2, VOLUME 3, AND VOLUME 4.

We argue that the FATCA IGA enabling legislation is contrary to sections of the Income Tax Act and the Canada-US Tax Treaty. These are “technical” arguments that we feel are appropriate for a summary trial. Charter considerations could not be used in the summary trial (but would be used in the full trial if required).

We say:

“The Tax Treaty Issues [raised in the summary trial] are discreet and distinct from the other issues raised by the plaintiffs. The plaintiffs’ other grounds of complaint involve division of powers and Charter breaches. These issues are factually and legally distinct from the operation of the Canada-US Tax Treaty and its relationship to the Impugned Provisions. As a result, the matters addressed in this motion [the summary trial] will not be re-litigated in the Charter and division of powers aspect of the plaintiffs’ claim.

The Tax Treaty Issues will need to be adjudicated even if they are not decided summarily. If this Court finds against the plaintiffs on this summary trial motion, the range of issues to canvass at [full] trial will nevertheless be significantly narrowed. If the plaintiff prevails [there are many "depending ons"] in respect of its claims in this motion, it will likely be unnecessary to proceed with the other issues raised by the plaintiffs.”

The motion includes a request for:

An order in the nature of a permanent prohibitive injunction preventing the disclosure of taxpayer information to the United States by the Minister of National Revenue and her authorized representative(s) where:
a. the taxpayer information relates to a taxable period in which the tax payer was a citizen of Canada;
b. the taxpayer information is not shown to be relevant for carrying out the provisions of the Tax Treaty Act or the domestic tax laws of Canada or the United States; or
c. the disclosure of the taxpayer information subjects United States nationals resident in Canada to taxation and requirements connected therewith that are more burdensome than the taxation and requirements connected therewith to which Canadian nationals resident in Canada are subjected.

Our summary trial will be heard at Federal Court, 701 West Georgia Street, Vancouver, British Columbia, commencing on Tuesday, August 4, 2015 at 9:30 a.m. for a maximum duration of two days.

UPDATE On May 8, 2015, the Arvay-Gruber team filed the comprehensive Memorandum of Fact and Law.

Making Citizenship-Based Taxation Reform Easy

Making Citizenship-Based Taxation Easy by Lynne Swanson in Tax Connections features the proposal by Shadow Raider which we previously posted as Brilliant Proposal for Elimination of CBT.

Heitor David Pinto wants to “make it easy” for Congress to move from citizenship-based taxation (CBT) to residence-based taxation (RBT).

Pinto thinks CBT is “absurd.” And he aims to help Congress change it.

“So Many Problems”:

CBT “creates so many problems for a lot of people for no good reason,” insists Pinto.

Connecting with Americans around the world through social networking, Pinto went to work. With no accounting or law background, the electrical engineer studied the massive IRS Tax Code and CBT history evenings and weekend. “It’s what I do in my spare time,” explains Pinto.

Pinto concludes there is no justification for CBT and makes concrete recommendations to “make it easy” for Congress to change to RBT.

Tax Connections adviised me they will include this in their “big blast” tomorrow of the top ten posts for the week. I sure hope someone in Congress sees it and listens.