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”.
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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!

 

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About @ADCSovereignty and disclaimer

 

To learn about the Alliance For The Defence Of Canadian Sovereignty please see the following:

 

Disclaimer_Disclosure_3

 

The Alliance For The Defence of Canadian Sovereignty has NO formal affiliation with any other organization. We thank the Isaac Brock Society and Maple Sandbox blogs for their kindness in allowing our fund raising initiatives to appear on their respective blogs.

For full particulars, see the about PDF.

 

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The @ADCSovereignty Press Release concerning possible U.S. taxation of the retained earnings of Canadian Controlled Private Corporations

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With sadness and gratitude, we announce that Ginny Hillis (Canadian Ginny) has withdrawn as a plaintiff

August 24, 2017

UPDATE for Canadian FATCA IGA Lawsuit in Federal Court: Plaintiff Change

This update is to let you know that for health reasons, Ginny, one of our three Plaintiffs, has withdrawn as a Plaintiff in our Canadian FATCA IGA legislation.

We are so grateful to Ginny for having been being a part of our team for so many reasons. Her good humour, wit, and wise counsel based upon her experience as an attorney has helped us get through many difficult days during the litigation. She was one of the very few who never had any doubts whatsoever about taking on the personal risk and hardships of being a Plaintiff in a lawsuit against the power of her own government. She provided a service not only to us, but to the entire community worldwide harmed by compliance of their own countries with the foreign FATCA law.

Plaintiffs Gwen and Kazia, the ADCS Board, and our supporters are indebted to Ginny for the sacrifices she and her family have made and we all wish her the very best.

The ADSC-ADSC Board

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When it’s all said and done: All roads lead to renunciation

Click on the link in the above tweet to see the complete discussion.

The bottom line is that Dr. Stephen Kish – Chair of the Alliance For The Defense of Canadian Sovereignty and plaintiff in the Bopp FATCA Lawsuit, has formally renounced U.S. citizenship. He performed this act in Iceland which is the final resting place of Robert James Fischer – one of the most famous and well known cases of U.S. citizenship relinquishment.

sk portrait

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Listen to @ADCSovereignty lawsuit on CBC: Pick it up at 2:19 mark

http://www.cbc.ca/i/caffeine/syndicate/?mediaId=2689738362

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Former US Ambassador Gordon Giffen in Ottawa – January 2016 – “Should be easy to move around the neighborhood”

On January 31, 2016 I wrote a post about the Canada2020 conference on foreign policy. I noted with particular interest the participation of former U.S. Ambassador to Canada Gordon Giffen.

That post included:

From the perspective of Hon. Gordon D. Giffin, Dentons LLP:

This was of particular interest. I had forgotten that Gordon Giffin (U.S. Ambassador to Canada in the Clinton years) grew up in Canada. Mr. Giffin actually grew up in the Toronto area and attended Richview Collegiate (Stephen Harper’s High School). He returned to the United States for College and law school. In other words, the former U.S. Ambassador to Canada clearly has “Roots” (not the store, which also has a U.S. connection) in Canada.

He began by stating his view that the TPP should be understood to be an update to the NAFTA Treaty.

Mr. Giffin echoed the view that Canada, the U.S. and Mexico are “in effect” part of the same “neighborhood” and that each of the three countries should have a “North America Relations Department”.

Mr. Giffin made the statement (and this is a bit of a paraphrase) that it should “NOT be hard for people to move around the neighborhood”. Hmm… Do you think that FATCA and U.S. “citizenship taxation” might make it hard for North American residents to “move around the neighborhood”?

I assume that Mr. Giffin’s family was filing both U.S. and Canadian taxes during the many years the family was living in Canada. Therefore, he “might” have some concept of U.S. citizenship-based taxation. On the other hand, any concept of citizenship taxation that he might have, would have been formed prior to:

– FBAR, FATCA, PFIC, Foreign Trusts, etc.

– the FBAR Fundraiser

Assuming you are interested in the relationship between Canada and the United States, I highly recommend the video referenced in the above tweet. If you are impatient, you should pick it up at the 57 minute mark.

I would be interested in your comments.

John Richardson

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

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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Tax Haven or Tax Heaven 1: FranHendy and BarrieMcKenna see “Panama Privacy Leak” as about more than #offshore witch hunt

The above tweet references the following article by Barrie McKenna of the Globe and Mail. The comments to the article include:

 

Canada has signed an inter-governmental agreement with the US, implementing FATCA in Canada. As a result, more than 155,000 Canadian tax records were delivered from Canadian banks to CRA, which in September 2015 turned them over to the IRS, circumventing Canadian privacy legislation. Most of the holders of these accounts are ordinary Canadian citizens, whose only crime (as Mr. McKenna notes) is being born in the US to Canadian parents or who otherwise have only tenuous connections with the US. Under the agreement, the Government of Canada plans to turn over Canadian financial information to the IRS annually.

This agreement was implemented by the former Conservative government, over the objections of opposition parties, including the Liberals. Now that the Liberals are in power, they reversed themselves and now insist they have no choice but to obey US demands.

The Alliance for the Defence of Canadian Sovereignty (ADCS) has launched a lawsuit against the Government of Canada, opposing this agreement. The plaintiffs are two Canadian women born in the US to Canadian parents and brought back to Canada age 5 years.

For more information, see the ADCS website: http://www.adcs-adsc.ca/

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