CANADIAN FATCA IGA LITIGATION: We need IRS NON-COMPLIANT Canadian Witnesses with FATCA REPORTABLE ACCOUNTS > $US 50,000

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May 18, 2016: WE NEED MORE WITNESSES WILLING TO FILE AFFIDAVITS IN OUR CANADIAN FATCA IGA LAWSUIT:

U.S.-born Canadian citizens, your bank knows that you were born in the U.S. because you provided this information, never IRS compliant, no meaningful history with U.S. except by birth in U.S., never U.S voting, never U.S. passport, never relinquished, but you must have a FATCA reportable account >U.S.$ 50,000

Reportable accounts can be, for example, non-registered investment accounts — but CANNOT be RRSP, RESP, RDSP, TFSA etc. registered accounts. We also seek witnesses who have accounts less than $50,000 U.S. but who know or suspect e.g. from a bank FATCA letter that their account info has inappropriately been turned over to CRA/IRS. You will describe your harm in a written affidavit which will be made public. If interested contact stephen.kish.chair@adcs-adsc.ca See our website at www.adcs-adsc-ca

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September 30, 2016-Another Blow to Personal Privacy and Freedom of Movement

Canadian Government to Pre-Screen Air Arrivals US-Style including returning Canadians

As if the next scheduled transfer of personal financial information to the IRS is not a bad enough omen for this date, a new assault will become an ingrained part of life in North America as of September 30, 2016.

While PMJT was whooping it up in Washington D.C., Public Safety Minister Ralph Goodale announced changes in regulations that fall under the Customs Act and the Immigration and Refugee Protection Act. These changes are a part of implementation of the Beyond the Border: A Shared Vision for Perimeter Security and Economic Competitiveness (2011). As must be ovbious by now, this nasty piece of business bugs me as much as FATCA does.

Airlines will now be required to provide advance and “real-time” information on anyone entering Canada by air to the Canada Border Services Agency (CBSA), in order to cross-check with security agencies. In the event there are any discrepancies or concerns, a decision will be made prior to the time the traveller boards a flight.

This system, called the Interactive Advance Passenger Information (IAPI ) will give CBSA the authority to identify persons who are inadmissable to Canada. Projected costs are $10 million annually. IAPI will be used to make “board/no-board” decisions on all travelers prior to their departure. This parallels the U.S. system known as Advance Passenger Information System (APIS) operating since 2009.

The regulations will require airlines to have a secure data link with the CBSA in order to provide access to the required information in the prescribed format in a “real-time” basis, including any changes to the information that may occur. Wow, yet another possible place for information to be breached. Note that credit card information will be included (see below).

Passenger reservation information will have to be provided by air carriers or travel agencies to the CBSA at least 72 hours prior to departure. I presume that if the airline fails to provide the information, the traveller will be unable to board and will not be reimbursed for any money lost from being unable to travel (hotel, vehicle reservations, etc).

As published in the Canada Gazette, here is the information that the airline must provide to CBSA. I have bolded items that I am puzzled as to relevance (if there is any at all to begin with).

Since there is nothing inherently criminal or “terrorist” oriented about any of this information, I expect what is really important, is what the CBSA has in its records (and which I presume may originate from and/or able to be shared with the US, meaning first off, CBP, DHS, FBI, CIA, etc etc). Actually, just where will this information at CBSA originate? Metadata from NSA? US no-fly lists? Any verification necessary before being applied?

I wonder what is next – strip searches by airline employees before proceeding to security? I mean, after all, one can’t be too careful.

SCHEDULE
(Paragraph 5(e))

Information About Persons in a Reservation System
1 Their surname, first name and any middle names
2 Their reservation record locator number
3 The date of their reservation and date their ticket was issued
4 Their itinerary, including the dates of departure and arrival for each segment of carriage
5 Information about their participation in a loyalty program and the benefits earned under the program, such as free tickets or upgrades
6 The number of the other passengers included in the reservation record and their surname, first name and any middle names
7 Contact information for each person mentioned in the reservation record, including the person who made the reservation
8 Billing and payment information, including credit card number and billing address
9 Information about the travel agent or agency, including the name and contact information
10 Code share information
11 Information about whether the reservation record has been divided into several records or is linked to another record
12 Their travel status, including travel confirmation and check-in status
13 Ticketing information, including the ticket number, automated ticket fare quote and whether a one-way ticket was purchased
14 Their baggage information, including the number and weight of their bags
15 Their seating information, including seat number
16 General remarks about the person in the reservation record, including other supplementary information, special service information and special service request information
17 The information referred to in paragraphs 5(a) and (b) of these Regulations
18 The history of any changes to the information referred to in items 1 to 17 of this schedule

Physical presence as a necessary condition for being a US “resident” under the Internal Revenue Code

 

This is the first in what I expect will be a series of posts on an issue we have yet to really focus on. Yes we all know what RBT is and so on but what we may not be so aware of, is how the US, while claiming we are “residents” of the U.S., doesn’t even give us equal (if not better) considerations than aliens/immigrants. And if this information doesn’t make you hopping mad, read it until it does.
 

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cross-posted from citizenshipsolutions dot ca
 
Introduction
Every country in the world with the exceptions of Eritrea and the United States claim tax jurisdiction based on “residence”. Although the tests for “residence” may differ, “residence based taxation” means that it is possible to sever your tax connection to a country by severing residence.

The nations of Eritrea and the United States impose taxation based on citizenship. U.S. citizens (primarily those “Born In The USA”) can NEVER sever their tax connection to the United States as long as they remain citizens. When it comes to U.S. citizenship-based taxation it is possible to NEVER have lived in the United States and still be subject to taxation!
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Judge Rose dismisses @FATCALawsuit: rules that “case is hereby TERMINATED” – Any harm NOT caused by USG but by foreign banks!

cross-posted from ADCSovereignty blog

Chronology of events …

On July 14, 2015, a post at the Isaac Brock Society, detailed the pleadings in the @FATCALawsuit. In late summer, @FATCALawsuit brought a motion for a preliminary injunction to enjoin the effects of FATCA on Americans abroad. The Obama administration defended the “injunction application” (in part) on the basis that any harm to Americans abroad was the result of “self-inflicted wounds“. The application was brought before Judge Thomas Rose of the United States District Court for the Southern District of Ohio, Western Division, at Dayton. On September 30, 2015 Judge Rose denied the plaintiffs application for an injunction. On April 25, 2016, Judge Thomas Rose terminated the @FATCALawsuit brought by Jim Bopp and organized by Republicans Overseas.

The complete decision may be read here:

FATCAlawsuitdismissal

An early response is here:

Screen shot 2016-04-27 at 7.05.36 AM
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Hello Kate Young: Be a “Strong Voice”

Here is an e-mail I just sent to my Liberal MP for London West.

She has refused to meet with me since being elected.

Hello Kate.

I am again asking for a meeting to discuss FATCA with you. I again ask you to be a “strong voice” in Parliament for me and other Canadians impacted by this foreign bully law.

I am asking you to provide me with an update on whether you have asked Scott Brison or another Liberal MP to reintroduce the amendment I worked with Mr. Brison’s staff on and that he put forward.

When we spoke, you claimed you had not heard anyone say the Liberals had reversed their previous resistance on FATCA. I then forwarded you articles regarding the Liberal reversal and Garneau and Brison’s endorsement.

If you had any question about your party’s hypocritical reversal, you can find the exact position in testimony of the Minister of National Revenue. Diane LeBouthillier now falsely claims previous strong Liberal objection related to the process and lack of transparency.

You can read her weasel words in the transcript of the April 14 meeting of the Access to Information, Privacy and Ethics Committee.

Or you can watch the Minister’s betrayal of one million Canadians on ParlVu.

Not one of the comments Liberals previously made (attached again) relates to process, transparency or any of the other false claims the Minister made. I don’t know how Brison, Dubourg, Garneau, Trudeau, LeBouthillier and others live with themselves.

Oh wait. I do. Because Liberals clearly believe “A Canadian isn’t a Canadian isn’t a Canadian” when that patriotic Canadian was born in the U.S.

Will you look me in the eye and personally explain this hypocrisy to me? Will you tell me what you did or will do to be a “strong voice” for me?

Or will you just be another Liberal Hypocrite is a Hypocrite is a Hypocrite?

Lynne Swanson