$91,769 more needed to make the February 1 2015 payment for Canadian FATCA IGA lawsuit/ Il nous reste 91 769 $ à ramasser pour notre poursuite judiciaire

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[The Alliance gets a brief mention in Canada's Financial Post.]

UPDATE October 30, 2014

Abraham Lincoln…A great American president.

The problem is that Abraham Lincoln bestowed U.S. citizenship-based taxation on the world.

He (an attorney) also said “Discourage litigation. Persuade your neighbors to compromise whenever you can”.

The Alliance for the Defence of Canadian Sovereignty shall never support Canada’s shameful complicity in enforcing Mr. Lincoln’s bad law — and we refuse to compromise.

Therefore, we instructed our attorney, Constitutional Litigator Joseph Arvay on 11 August 2014, to initiate our FATCA IGA lawsuit in Canada Federal Court.

What do think Mr. Lincoln’s reaction today would be to FATCA and the law he imposed on us?

Go to our website (en français) and ADCS blog site for information on the litigation.

We need $91,769 MORE IN 92 DAYS to make the February 1 2015 payment for the legal expenses for Plaintiffs Ginny and Gwen’s Canadian FATCA IGA lawsuit.

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

Donate ANY amount. Your $25 donations are as important and mean just as much to us as do larger donations. Vous pouvez donner n’importe quel montant. Vos dons de $ 25 sont utiles.

Since June 1, 2014 you raised $200,000 of the $500,000 legal fees cost. This was used to pay the first (August 1) and second (November 1) of five retainers for the Joe Arvay team.

The next $100,000 bill comes due February 1, 2015.

Le gouvernement du Canada surveille nos progrès sur ce site. Ne laissons pas notre adversaire gagner

— This week the Alliance for the Defence of Canadian Sovereignty filed a submission to the United States Department of State pointing out that the renunciation fee increase violates U.S. laws and must be immediately suspended.

For details including the submission itself and the press release go to our Alliance blog.

You will recall that a five-fold renunciation fee increase from U.S.$450 to U.S.$2,350 was recently announced by the State Department.

A Forbes article suggests that there is a massive number of U.S. citizens abroad who are considering renouncing their citizenship. However, relative to the number of persons who wish to renounce, or are considering renouncing, U.S. citizenship, there were only a small number of people who complained to the Department of State about the fee increase.

The Alliance (with the financial assistance of an anonymous donor) retained lawyer James J Butera of the Washington DC firm of Jones Walker LLP to seek relief from this fee increase.

The Alliance letter, submitted on behalf of all U.S. citizens worldwide and those deemed to be U.S. citizens, states that, at a bare minimum, the procedure used by the Department of State to increase the fee was NOT in compliance with U.S. law.

The grounds for our request are two-fold:

1. Any fee to renounce U.S. citizenship is an impermissible burden on the right to expatriate recognized in the Expatriate Act of 1868 and a right recognized in the Supreme Court decision in Afroyim v. Rusk; and

2. The increase in the renunciation fee is in violation of the U.S. Administrative Procedure Act because the State Department failed to follow the rules requiring notice and submissions in relation to the fee increase.

The Alliance also disputes the position of the State Department that the fee increase is somehow “critical to national security” of the United States and is of the view that the United States Department of State should be obeying the laws of the United States.

On these and other points, read Mr. Butera’s able submission and our press release.

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

Citizenship Showdown Coming Between Free People and the U.S. Government

Blog of an accidental just discovering the fact.

It’s a sunny day in Soho, London. I call my father.

‘Hello Dad. I got this funny letter from Santander. It’s about tax, or something. Uh, am I still an American?

I was born in New Brunswick, New Jersey in 1982. 13 months later, we moved to the UK, where I have lived ever since.

As a baby, I had an American passport. As a child and throughout adulthood, I’ve only held a British passport. I’ve been back to the US once, for a short holiday in 1997.

‘You’re American-born. I suppose that means you’re still an American?.

As it turns out, it does indeed. I am an American. I am an American who cannot remember living in America. I am an American who cannot name more than a dozen American states. I am an American who has never voted in an American election.

I am an ‘accidental American’. And for that I will pay. Literally.

*****

This is one more example of the United States imposing citizenship on people because they were born in the U.S. Is citizenship something that one chooses or is citizenship something that is forced upon you? Does any country have the right to impose citizenship on residents and citizens of other countries? Is citizenship a “property interest” that a government has in people? Does the U.S. government believe that it has ownership over anybody born in the United States?

The Obama administration has made U.S. citizenship such a burden and devalued it to the point where people are happily paying money to be rid of it.

But, the U.S. government is making it very difficult to relinquish U.S. citizenship through the available statutory channels. This is clear from the:

- outright refusals to recognize past relinquishments

- outrageous wait times and inability to get appointments

- the outrageous and unjustifiable fee increase to renounce U.S. citizenship

- the imposition of Nazi and Soviet style exit taxes

It’s certainly “change we can never believe in”.

This is going to get very very nasty.

On the one hand we have a U.S. Government that says:

“You are our property until we say you are not”.

On the other hand we have those who don’t believe they are property and will say:

“I am a free person. How can I then by a citizen of the United States?”

*****

NB: Ms. Chapman has received several tweets inviting her to Brock, Sandbox and ADCS-ADSC sites.

*****

cross-posted with permission

What will — and what should — Canadians do when the IRS comes calling?

This week I had a chat with a kind donor to our Canadian FATCA IGA lawsuit. She is a Canadian citizen who has lived in our country for more than four decades.

I asked her (as I now ask many) to predict what Canadians will do when the FATCA law identifies them and turns them over to a foreign country.

This Canadian told me how she will respond when her neighborhood bank turns her over to the United States Internal Revenue Service. She said:

“First time visitors to the “Isaac Brock” and “Maple Sandbox” websites are regularly advised to “Read, read, read before you take any action” when you discover that the IRS wants you.

Generally good advice, I would say, except that I would change the channel a bit and say “Read, read, read, and then take NO action“.

I would strongly urge people to read, read, read, and then take the time to live with the injustice, the absurdity, the absolute moral bankruptcy of FATCA before they commit themselves to any course of action.

Live with the feelings of unfairness and discrimination that surround FATCA; let the oppressiveness of the situation really take hold. Then take a deep breath, and another, let the fear subside, and then let the outrage and anger come forth and “Just say NO”.

We all know that the whole premise of FATCA (Citizenship-Based Taxation) is fundamentally wrong, so why do so many of us so readily agree to participate in a system that is “wrong”? Fear, anxiety, expediency, whatever?

When I am faced with a really complex situation that is impossible to figure out, and FATCA would be one of those, I try to pare things down to fundamental principles that let me see things more clearly. Really, in my mind, FATCA is no different from the scenario of the school yard bully.

The Harper Canadian Government should have stood up to the U.S. bully’s threat of sanctions and said “No”. It didn’t.

Canadian banks and financial institutions should have refused to become agents of the IRS. They didn’t.

Our Members of Parliament should have challenged the government to address issues of sovereignty, privacy, and equality of ALL Canadians. By and large, with a few notable exceptions, they didn’t.

So now it’s my turn; it’s my turn to stand up and say “No”. And I will.

I will refuse to fill out any “foreign” tax information forms, I will refuse to give my financial institutions any information on place of birth, and, if necessary, I will lie with an absolutely clear conscience.

I will refuse to let the bully play in my yard.

I realize that this is a course of action (or inaction) that might make some people feel uncomfortable. But, speaking personally, I feel much more uncomfortable being forced to do things that I know are wrong, and I know that FATCA is wrong.

It’s just wrong, plain and simple. So I’m not doing it.

I am now, and will remain, willfully non-compliant. End of story.”