$36,876 more needed by end of next month to continue Canadian FATCA IGA lawsuit/ Il nous reste 36 876 $ à ramasser avant la fin du mois d’octobre pour continuer notre poursuite judiciaire contre le gouvernement canadien et la FATCA


FATCA IGA lawsuit filed by Vancouver Constitutional Litigator Joseph Arvay on 11 August 2014 in Canada Federal Court. See Claims and press release. Le 11 août 2014, les deux plaignantes, Ginny et Gwen, ont engagé une poursuite à la Cour fédérale du Canada contre le gouvernement du Canada et l’entente intergouvernementale FATCA. Listen to radio interview of ADCS Co-Chair and Legal Counsel.

UPDATE September 29, 2014

ThermometerSEP26We need $36,876 more BY END OF NEXT MONTH to continue FATCA IGA litigation.

The cost of litigation for the first trial, which will be vigorously defended by the Government of Canada, is very expensive: approximately $1000/day for legal bills due on November 1, 2014 and February 1, May 1, and August 1, 2015.

DONATE to www.adcs-adsc.ca (ADSC en français). Donate ANY amount. Your $25 donations DO help.

Vous pouvez donner n’importe quel montant. Vos dons de $ 25 sont utiles. Les dons par la poste peuvent prendre jusqu’à 10 jours pour arriver, et les transferts par PayPal peuvent prendre 5 jours.

It can take ten or more days to receive mail containing cheques and five days for PayPal donations to be transferred and deposited into bank account.

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

Innocent Canadians will have a decision to make when your neighborhood bank enforces the FATCA law and turns you over to a foreign government:

You have options but not even a single option is pleasant.

They include using your Canadian-made retirement savings to pay costs of complying with or renouncing a foreign “obligation” to pay your “fair share” — or doing nothing, a logical option for some because there is nothing that many Canadians are financially able or willing to do.

Some tax advisors like Mr. Kevyn Nightingale insist that the FATCA agreement with Canada is “a good thing” and that “FATCA is not your enemy”.

The Alliance for the Defence of Canadian Sovereignty respectfully disagrees with Mr. Nightingale. Remember — threat of economic harm from a trading “partner” is the ONLY reason Canada, to its shame, signed off on the FATCA “agreement”.

With your help, we will keep working hard for you to end this bad FATCA agreement.

You can make a difference by supporting Ginny and Gwen’s Canadian lawsuit, a first step taken by ADCS-ADSC to protect Canada’s sovereignty. If you want the lawsuit to continue, please donate.

Consider also the risks our brave Plaintiffs have accepted. If Ginny and Gwen lose the lawsuit that they are making on behalf of all of us (including our international friends), they might — personally — have to pay a portion of the Government’s legal costs.

We don’t have these risks and it just takes a little bit of courage to donate.

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

Angry Canadians Are Rare. But Patricia Moon Qualifies

Wow. Tricia Moon’s (aka Noble Dreamer) anger at FATCA and the IRS is international news.

I was terrified we’d lose all our money in The Guardian reports on Tricia’s “defiant act” of renouncing U.S. citizenship.

“It was like cutting off my right arm,” to not be American any more, says Moon, who only became a Canadian citizen in 2008. “Now, I’m simply angry.”

Tricia is on the board of ADCS and fighting back with legal action.

A financial professional in Switzerland had bank and retirement accounts closed. His Swiss friends tell him:

You Americans are so arrogant and crazy. You think you control everything.”

He now agrees with them.

FATCA Scams Already Starting

This is no surprise to us. The FATCA scams have begun.

IRS Warns of FATCA Phishing Scams in multiple countries and continets.

This clearly has thye potential for financial or identity theft, fraud or even worse. We can only imagine what groups like ISIs or Al Quaeda would do if they were able to get their hands on the financial and personal data od people born in the United States.

This is one more reason why we must ensure Canadian banks should not be allowed to ferret out “U.S. persons” for CRA and the IRS. Please donate to http://adcs-adsc.ca/

Solving US Citizenship Problems-Info Session-Niagara Falls ON-Tuesday Nov 11, 2014

Life planning, Career planning and the Reality of U.S. Citizenship for Americans Abroad including Life Preparation for U.S.Citizen-children of U.S.Citizens

Presenter: John Richardson, B.A., L.L.B., J.D., is a Toronto lawyer and a member of the Ontario Bar. Citizenshipsolutions.ca

Where: McBain Community Centre – Room A – 7150 Montrose Rd., Niagara Falls, Ontario L2H 3N3 MAP

When: Tuesday, November 11, 2014, 8:00 – 10:00 pm

Admission: $20 individual or $40 for a family of up to four people. Payable in cash at the door, please (to cover costs). Hope to see you and your families on November 11. Spread the word!

It is estimated there are 7 million U.S. citizens living outside the United States. Some of these people don’t know that the U.S. may consider them to be citizens. The vast majority of these Americans abroad (according to U.S. law), are required to pay taxes and complete information reporting forms to the United States. Although “citizenship-based” taxation has existed for years, what is new, is the enforcement.
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Are Other Canadian Credit Unions Being As Responsible About FATCA as Vancity?

Does anyone know of any other credit unions that are being as responsible and upfront about FATCA as Vancity?

In Understanding FATCA on their website, Vancity says:

While Vancity must comply with the law, we are committed to protecting our members’ right to privacy. By registering as a Local Client Base financial institution, we believe we have significantly reduced the impact of FATCA on the majority of our members. As a result of our Local Client Base classification, Vancity only needs to collect FATCA information and report on member accounts held by non-Canadian residents.

It appears to me most Canadian credit unions have the ability to register as a Local Client Base financial institution so they only report on non-Canadian residents. I would love to know if others are doing this.

Contrast Vancity with Meridian Credit Union::

3. What is a “U.S. person”?

If you want help in determining if you are a U.S. person for the purposes of FATCA, we suggest that you speak with a professional tax advisor. In general, attributes that generally cause an individual or business to be classified as a U.S. person include:

?U.S. citizenship; (anyone born in the U.S. and who has not renounced their U.S. Citizenship)
being a lawful resident of the U.S. (permanent resident); and/or
U.S. corporation, estate, or trust.


6. What type of information will be reported to the U.S. via the CRA?

The following information will be reported:

Identifying information about the account holder (name and address)
Account number
Account balance or value at the end of the year
Certain amounts paid or credited to the account
TIN (tax identification number)

Like Meridian, it seems Alterna has made no effort to take the local client base option, but plans to comply:

Under the IGA, financial institutions in Canada will report relevant information on accounts of U.S. persons to the Canada Revenue Agency (CRA) rather than directly to the IRS. The CRA will then exchange the information with the IRS through the provisions in the existing Canada-U.S. Tax Convention.

Alterna uses the standard definitions of U.S. persons.

We need to find out clearly which credit unions are taking the Vancity local client base approach and which are taking the full compliance model of Meridian. Is there anyone who is willing to take this on as a project?

Your Canadian FI MUST Contact You Before Forwarding Account Info to CRA Under FATCA

We are indebted to Just a Canadian over at Isaac Brock Society for picking up on this important point.  For the full context of the discussion in which this came up, see this link: Was TD overzealous here?

Under the Bill C-31 as approved by Parliament, a Canadian Financial Institution (FI) MUST attempt to contact you about any US indicia they think they have about you, BEFORE reporting your account information to CRA (which then will forward it to IRS).  That is the law in Canada, and if any FI ignores it, you’d have IMO excellent grounds for suing their bloody socks off.

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