Monthly Archives: October 2017

October 29, 2017 Canadian FATCA IGA Legislation Litigation Update: Government delay in obtaining their expert witnesses

cross-posted from the Isaac Brock Society

by Stephen J. Kish


Our trial on Canada’s FATCA IGA legislation in Federal Court will now be delayed further because Mr. Justin Trudeau’s lawyers are having problems obtaining their expert witnesses (our side’s experts have already filed affidavits).

The problem is that Government’s contracting/procurement process is not functioning as it should, and Government is having difficulty establishing the necessary retainer contracts for each of the experts they wish to use.

The hoped for time frame for the experts contracts is now end of November; however, Government experts want at least 12 weeks to prepare their affidavits.

I can’t give you a firm date yet on the trial, but speculate that trial might take place sometime early summer 2018.

Each year more and more Canadian citizens are rounded up and turned over to a foreign country

US expats given hope of lower tax bills


I normally do not put up posts with a US emphasis but in this case I am making an exception.
Many Sandbox readers might be affected by these possible changes and I would like to make this information known.


US expats given hope of lower tax bills

Republicans edge towards eliminating need to pay levies overseas and at home

published in the Financial Times
by Demetri Sevastopulo and Barney Jopson in Washington

You can read the article by answering a simple question that appears when the page loads. I cannot post the entire article due to copyright restrictions.

Here are some excerpts:

Millions of US citizens working overseas could see their tax bills lowered by an overhaul of the tax system as Republicans edge towards eliminating a requirement for American expatriates to pay taxes both overseas and in the US.

Kevin Brady, the Republican head of the House ways and means committee, which is drafting a tax reform bill, said lawmakers were considering the measure, which has been the focus of lobbying by Republicans Overseas, a group of party donors around the world.

“It is under consideration. They have made the case,” Mr Brady said in response to a question from the Financial Times at a Christian Science Monitor breakfast. “Lawmakers representing that area of the tax code have made that case.”

The US Chamber of Commerce, a business lobby group, has urged policymakers to consider US-only taxation for individuals, too, arguing that taxing foreign income hurts American managers at the overseas affiliates of US exporters.

Mark Mazur, who was the top tax official in Barack Obama’s Treasury department, said he supported the change, arguing that it was necessary to address the “inequity” of an expat paying tax on the same income to both the US and a foreign government.

“If you take two people, one works in London, one in New York, working for the exact same US multinational — if they make the exact same amount of money you might think they should be taxed exactly the same,” said Mr Mazur, who heads the Tax Policy Center.

Solomon Yue and Michael DeSombre are also mentioned in the article.

There are quite a few comments with JC doing Yeoman’s Duty.

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October 1 2017 Canadian FATCA IGA Legislation Litigation Update

cross-posted from the Isaac Brock Society

OCTOBER 1, 2017 Canadian FATCA IGA legislation litigation update.

In addition to sending letters to a foreign country, some of us, with a lot of support, are engaged in suing our own country, the Government of Canada, in Federal Court for rounding up Canadians having a U.S. taint and turning them over to a foreign government. We argue that this violates Canada’s sovereignty as an independent nation and its Charter of Rights that is meant to protect all Canadians.

This is just a minor update for this long (since 2014) litigation. Basically we are now in a temporary holding patter waiting for a response from Government:

Plaintiff activities. Both Gwen and Kazia, our heroines, have now been subjected to oral examination by Government lawyers (and are OK).

Litigator change. Our retainer contract for legal services is with the Vancouver law firm of Farris, Vaughan, Wills and Murphy. This has not changed. One of our litigators, Mr. Joe Arvay, has left (as of today) Farris for a smaller firm. Our Board has decided to remain with Farris where we will be well-represented by the lawyers there who have long been working on our case: David Gruber and Arden Beddoes.

Waiting for Government response. I would really like to give you now a sketch of next activities and timelines, but can’t.

We are now at a stage in which we cannot proceed until the Government responds to our repeated requests as to the procedures Canada will require before our trial on the charter-constitutional issues can be heard. Until we hear from Canada it is not possible to predict the litigation steps for the next several months — since the ball is really in Canada’s court.

I am hopeful that we will receive a response from Government in the next few weeks or so, and then I can provide you with a more meaningful update.

Sorry for the slow pace of litigation, but we do move forward.

For the Alliance for the Defence of Canadian Sovereignty Board,

Stephen Kish