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:

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Continue reading Judge Rose dismisses @FATCALawsuit: rules that “case is hereby TERMINATED” – Any harm NOT caused by USG but by foreign banks!

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Because, Not All “Accidental Americans” Are The Same! Important for @ADCSovereignty #FATCA lawsuit

“It’s unjust, it’s inhumane, I didn’t choose where I was born!”

We are in year five of the Obama administration’s attempt to drag the citizens and residents of other countries into the U.S. tax net. To put it simply through FATCA (“exciting new changes in Canadian law”), a Media blitz  (“Are you a U.S. Citizen, it’s time to check”), and the compliance industry (“Welcome to the U.S. Tax System”), millions of people with a “U.S. place of birth” are worried.  Why are they worried?

Facts are stubborn things – The simple FATCA of the matter is:

1.     Those born in the United States begin life as U.S. citizens.

2.     All U.S. citizens are subject to the provisions of the U.S. Internal Revenue Code which has the practical effect of taxing people based on “place of birth”.

3.     We live in a world where people have multiple citizenships and commonly change their residence from one country to another. This includes moving from their country of birth.

4.     Because the United States employs “place of birth” taxation, the United States has the ability to impose direct taxation on the citizens and residents of other nations (who happen to have been born in the United States).

5.     By imposing “place of birth” taxation on the citizens and residents of other nations, the United States is perfecting the art of transferring the capital of other nations to the United States Treasury.

6.     The cumulative effect of this state of affairs is that  U.S. “place of birth” taxation coupled with FATCA has developed into a severe interference with the sovereignty of Canada and other nations.

7.     Sooner or later (probably later) the world will understand that U.S. “place of birth taxation”, is being used to extend the U.S. tax base into other nations. Should those nations object, the United States would refer to the “savings clause” in the Tax Treaty, which guarantees the right of the United States to impose taxation on those “residents and citizens” of other nations who were “Born In The USA”.

8.     In other words, over time, the effect of U.S. “place of birth” taxation enforced by FATCA could be to allow the U.S. to “colonize the world”.
Continue reading Because, Not All “Accidental Americans” Are The Same! Important for @ADCSovereignty #FATCA lawsuit

John Richardson on CTV “Power Play” with Don Martin today

 

UPDATE:  The full interview segment with John is now available on the Isaac Brock Society YouTube channel  

 

 

 
John Richardson will be interviewed today by Don Martin on CTV’s Power Play.The show airs from 5:00 – 6:00 pm EDT. We expect his segment to be somewhere around the 5:30 pm mark. Please pass the word, particularly to those who may not appreciate the reality of this situation.

 
PODCAST (audio only)

View the video online need a Bell Media account
 

With thanks to our resident expert Deckard1138 for capturing, editing and posting this!
 
 

Solving US Citizenship Problems: Accidental Americans

 

UPDATE JANUARY 21, 2016
 
WHAT: Solving U.S. Citizenship Problems: Accidental Americans

cdn us flags info session 2

WHEN: Saturday January 23, 2016, 2:00-4:00 pm EST

 
This meeting is being moved online/conference call via UberConference and will make it possible to participate from outside the Toronto area. Please pass the word!
 
REGISTRATION & ADMISSION: please register by submitting admission cost of $20.00 CAD via Paypal to: information@cbtlawsuit.ca

Please note you do not have to be a member of Paypal in order to pay/register.

Once registration is complete we will email you the details of how to log in, etc.
 

Generally, an Accidental American is:

A citizen of a country other than the United States who may also be considered a U.S. citizen under U.S. nationality law but is not aware of having U.S. status, or has only become aware of it recently during adulthood.

* born outside the US/in their own country due to their parents’ U.S. status; OR

* born inside the U.S. to non-U.S. parents residing in the country temporarily for work or study and then return to their own country in their early childhood OR

* born inside the U.S. but adopted by parents who live in other countries,

Most people simply accept that the U.S. has the right to proclaim they are American. Others are questioning whether the U.S. can impose citizenship on someone born outside the country who does not want it and had no choice in the matter (even if his/her parent(s) registered their birth with the American consulate). There is a court case in India where a father is being sued by his son for registering his birth in the U.S. while the father was there on a work visa.

All Americans are required to report their worldwide income and file tax as well as information returns if living outside the US. This includes Accidentals even if:

* they have never actually lived in the U.S., whether for employment, education, etc.

* they have never had a Social Security number, a passport, voted or filed taxes

Due to the long, porous border between Canada and the United States, the highest number of accidental Americans is likely to be found in Canada.

Children were often born in the US because the only hospital was on the other side of the border, then returning to Canada after a few days to live out the rest of their lives as Canadians (only). The United States “claims” these people and are aggressively trying to locate them via FATCA/IGA reporting.

Given the fact that the U.S. never enforced the law, never engaged in an effective outreach program to let people know of their obligations, it is particularly upsetting to these individuals that they are expected to file and pay in the same way as those who are resident in the United States.

And yet, If they wish to end their U.S. citizenship, they are required to come into tax compliance for the 5 years prior to their renunciation, complete form 8854, swear all requirements have been completed under penalty of perjury and pay the $2350 USD fee to the Department of State in order to receive a CLN. Any tax be due and the fees from the accountant or tax lawyer of course, would be added.

The program will explore various options available for consideration. Please join us in order to get the facts before you take action!

WHEN: Saturday, January 23, 2016 2:00 – 4:00 pm EST

WHERE: UberConference

REGISTRATION & ADMISSION: Please register by submitting admission cost of $20.00 CAD via Paypal (https://www.paypal.com/ca/webapps/mpp/home ) to: information@cbtlawsuit.ca Please note you do not have to be a member of Paypal in order to pay/register. Once registration is complete we will email you the details of how to log in, etc.

Letter to Minister of Revenue Regarding IRS Delay in Account Reporting

 

cross-posted from the ADCSovereignty Blog
 

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In our September 18 ADCS blog post we advised you that, for whatever reason, the United States Department of Treasury will now permit a one year extension, to September 30, 2016, to turn over private bank account information to the U.S. Internal Revenue Service, to comply with the U.S. FATCA law. However, the affected country HAS TO ASK FOR THE EXTENSION.

On September 18 we said on the blog:

“Well, it’s been quite a week. At approximately 4:45 p.m. today the IRS issued a notice confirming that the FATCA implementation date will be extended to September 30, 2016. As you know Canada has a Model 1 IGA. Assuming the correctness of the post in the above tweet:

Model 1 IGA Jurisdictions for Which the Obligation to Exchange Is In Effect — For those Model 1 IGA jurisdictions where the obligation to exchange is in effect now, Notice 2015-66 provides that FFIs in that country will be treated as FATCA compliant, and not subject to withholding, so long as the partner jurisdiction notifies the U.S. before September 30 that it requires more time, and “provides assurance that the jurisdiction is making good faith efforts to exchange the information as soon as possible.” Notice 2015-66 does not, however, change the deadline for FFIs to report information to their local tax authority, which remains governed by law of that country.”

We therefore instructed our legal counsel to notify the Government of Canada (and they have) of this development and request that the Government of Canada NOT disclose your banking information to the IRS.

— Today, September 21, we posted a new ADCS blog in which we specifically asked Canada’s Minister of National Revenue, Kerry-Lynne Findlay, a defendant in our lawsuit, to apply for the extension before September 23, the date the private account information is due to be sent to the U.S. IRS.

We said:

September 21, 2015

The Honorable Kerry-Lynne Findlay,
Minister of National Revenue
House of Commons

Dear Minister Findlay,

We have an urgent time-sensitive request regarding our litigation in which you are a defendant, which we believe will be helpful to both plaintiffs and Government defendants, but which needs to be acted on no later than by end of business day September 22, 2015.

We are the chair and co-chair (and legal counsel) of the Alliance for the Defence of Canadian Sovereignty. We are the non-profit organization which is prosecuting the FATCA lawsuit against the Government of Canada. The lawsuit is “live”, “well” and expected to move to full trial in 2016. We are at: http://www.adcs.adsc.ca.

By way of background:

1. On February 5, 2014 the Government of Canada entered into a “Model 1” IGA agreement concerning the imposition of the U.S. FATCA (“Foreign Account Tax Compliance Act”) law in Canada.

2. On June 19, 2014 the Government of Canada enacted the FATCA enabling legislation through Bill C-31.

3. On July 1, 2014 FATCA became the law of Canada. The IGA required that Canada (via the CRA) report the banking information of those defined by the U.S. to be U.S. Persons to the IRS

4. The FATCA IGA required that the information be reported no later than September 30, 2015.

5. The Government of Canada has indicated to our legal counsel that it intends to report the banking information of those identified as “U.S. persons” to the IRS on September 23, 2015.

On the afternoon of Friday, September 18, the U.S. Internal Revenue Service issued Notice 2015-66, pursuant to which the deadline for the turnover of FATCA data (for countries with a Model 1 IGA agreement) has been extended for one year. Countries with a Model 1 IGA (including Canada) are no longer required to report to the IRS by September 30, 2015. It is required that Model 1 countries request this extension from the IRS.

See:
https://adcsovereignty.wordpress.com/2015/09/18/irs-extends-fatca-compliance-date-for-one-year-to-september-30-2016/

Click to access n-15-66.pdf

REQUEST:
In light of the large number of Canadian citizens potentially affected AND in view of the fact that the Government of Canada and the Minister of National Revenue are defendants in the Deegan and Hillis lawsuit AND in view of the fact that the Government is NO longer required to transfer the FATCA data to the IRS we request:

That the Government of Canada apply for the extension, no later than by end of business day September 22, to NOT transfer the data with a view to meeting a September 30, 2015 deadline that is NO longer required.

Clearly, the Government of Canada, irrespective of its FATCA obligations to the United States, has the opportunity to not transfer the private banking information of innocent Canadian citizens to the United States Internal Revenue Service.

Your action in requesting the permitted delay in the transfer would be significant for both plaintiffs and defendants as we move down the litigation road.

Should you need more information I ask that you contact Mr. John Richardson our legal counsel and co-chair.

Sincerely,

Dr. Stephen Kish, Chair, Alliance for the Defence of Canadian Sovereignty
John Richardson, Co-Chair and Legal Counsel

cc:
Andrew Treusch, CRA
John Ossowski, CRA
Kevin Shoom
The Honourable Joseph Oliver

The #StopFatca Press Release and Social Media Page

cross posted from the ADCSovereignty WordPress Blog

stop fatca

ADCS PR pdf file: ADCS PR 19SEP15 pdf

ADCS PR png file: ADCS PR 19SEP15 png

 
I am working on this post as I post it and it will be constantly updated. Please act ASAP!

We want to get this blasted all over the world in the next 3 days. Every US Person abroad needs to put the same pressure on their own governments as all Model 1 IGA’s require turnover of information by September 30. Each government has TO ACTUALLY REQUEST THIS FROM THE IRS, so members need to take responsibility for making sure their respective tax authority/government does so. A widget on this post will show any tweets using the hashtag #StopFatca so all can see which countries the message is being spread from.

For Twitter:

Please use this hashtag: #StopFatca.

Please use RT on every Tweet

You can use this shortened link in order to get more info #’s in: http://bit.ly/1QpNmTg

Please,if you already have followers who are not expats but may be sympathetic, share other political issues, please send them the tweet directly with the RT; don’t assume they will see it in their feed just because they follow you. Creating a network with other users is important in order to utilyze social media to the max.

Samples:

Tweet to individuals:

CDN govt 2 turn over 1million+ of ur fellow CDNs 2 IRS
Let them know u won’t tolerate this #StopFatca RT

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Continue reading The #StopFatca Press Release and Social Media Page

FATCA and the two kinds of “accidental Americans” – When citizenship can be conferred and when it can’t

This blog is dedicated to exploring the problems of “Accidental Americans”.  Let’s be careful. Not all “accidental  Americans” are the same. They are all “accidental because of the circumstances of their birth. That said, there are two different kinds of “circumstances of birth” that make them “accidentals”.

Circumstance 1 – You were born in the U.S.A.

Presumption – You are a U.S. citizen unless you have relinquished U.S. citizenship

Clearly the United States has the right to make laws that apply in its borders. This means that the United States has the right under both U.S. and under International Law to confer citizenship on those born in its borders. The Trump “let’s rethink birthright citizenship” cry is an attempt to force the U.S. to consider whether all persons born in the U.S.A. should automatically have U.S. citizenship. This is a decision that that the U.S. can make.

Those unhappy with “birthright citizenship” would say:

“It’s unjust, it’s inhumane, I didn’t choose where I was born!!”

With  respect to those born in the USA:

  • the U.S. has the right to make laws that govern what happens in the U.S.; and
  • other countries are more likely to accept that those born in the USA are U.S. citizens.

U.S. citizenship can (at least initially) be forcibly imposed on a person if the person was “Born In The USA”.

Circumstance 2 – You were born outside the U.S.A. to U.S. citizen parents

Presumption – You are NOT a U.S. citizen (even under U.S. law) unless you establish objective facts which are relevant to the citizenship and possible residence of the parent(s).

In this case, the person is born outside the United States. The United States does not have the right to make laws that apply outside the United States. (Well, it can make whatever laws it wants, but that doesn’t mean that someone outside the U.S. has to accept them.)

With respect to those born outside the USA to U.S. citizen parents, they might say:

“It’s unjust, it’s inhumane, I didn’t choose the citizenship of my parents!!”

With respect to those NOT born in the USA:

  • the U.S. does NOT have the right to make laws that apply outside its borders (why not just deem the whole world U.S. citizens); and
  • other countries are less likely to accept that those born outside the USA are U.S. citizens

In this case, it is reasonable to interpret U.S. law to mean that: With respect to those born outside the USA, the Immigration and Nationality Act should be interpreted to describe conditions under which the U.S. will grant citizenship, if the person wants U.S. citizenship. It should NOT mean that citizenship can be forcibly imposed on the person against their will.

The FATCA IGAs recognize the difference between the two kinds of accidentals …

The FATCA IGAs force the non-U.S. banks to hunt for people “Born In The USA”. It does not (at least yet) force the non-U.S. banks to hunt for people who were NOT “Born In The USA”.

Conclusion …

Nobody knows for sure. That said, with respect to the second kind of “accidental” (not “Born In The USA”), unless their parents have already registered them as U.S. taxpayers, they should NOT presume that they are “U.S. citizens”. At least that’s my opinion. There are those who disagree and disagree strongly. There are many different sets of circumstances.

Get proper counselling.

John Richardson