Monthly Archives: March 2018

March 22, 2018 Canadian FATCA IGA Litigation in Federal Court Update: New Timetable

Canadian FATCA IGA litigation

UPDATE March 22, 2018

The attorneys for our side (our side are Plaintiffs Gwen and Kazia, the Alliance for the Defence of Canadian Sovereignty — the “client”, and our supporters) and the attorneys for Mr. Justin Trudeau’s Government have just agreed on the timing for the next steps of our Canadian FATCA IGA lawsuit in Canada’s Federal Court.

It is always possible that the Court might change some of the dates but here is the new timetable:

— Defence [the Government] evidence, except one expert report, filed April 16, 2018;

— Last defence expert report filed April 30, 2018;

— Notice of any objections to expert reports provided by June 15, 2018;

— CMC to discuss scheduling of any applications to strike all or portions of affidavits in

— Cross-examinations completed by July 31, 2018;

— Plaintiffs argument served and filed by September 28, 2018;

— Defence argument served and filed by November 16, 2018;

— Plaintiffs’ reply served and filed by December 7, 2018;

— Hearing the week of January 28, 2019, subject to the Court’s availability.

The key update is the hope/expectation that the Federal Court hearing will take place in January 2019.

Since the beginning of our lawsuit, many, many Canadian citizens (we have not been provided with the numbers) have been rounded up and turned over by Canada CRA to the United States IRS.

Yes, I know that our litigation has been moving at a glacial pace. Sorry…

IRS Announces the end of #OVDP – Fascinating Reactions from the Tax Compliance Community

 

OVDP Program

cross-posted from citizenshipsolutions

    by John Richardson

IRS announces the end of #OVDP: Fascinating tweets from the “OVDP Historians” who compose the tax compliance community

IRS announces the end of #OVDP: Fascinating tweets from the “OVDP Historians” who compose the tax compliance community

#OVDP: Reactions from the “tax compliance community” (and others who tweeted) to the termination of OVDP

(Note: For the purposes of this post I will use the terms “OVDP” and “OVDI” interchangeably. Each term describes a specific example of one of the “OVDP era” programs, as it existed at a specific point in time. A particularly good analysis of the evolution of the “OVDP era” programs is found here – of interest only to those who want to “OVDP Historians“!)
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Canadians’ Confidential Tax Info to be Shared with Police in Other Countries

Well, to the rest of the Canadian people, “Welcome to Our World!” In the same manner as the Harper Government, the Trudeau Liberals are using budget bills to sneak in provisions the Canadian people are completely unaware of. I sincerely hope we see Canadians rise up and challenge this garbage. Now we can add “tax evasion” to “terrorism” as the means by which governments are destroying any rights citizens have.

elizabeth thompson
by Elizabeth Thompson
Senior Reporter, CBC Ottawa
elizabeth.thompson@cbc.ca
Article is here
(1100 Comments -Commenting is now closed for this story)
 

EXCERPTS

Confidential information from Canadian taxpayers could soon be shared with police and authorities in three dozen countries around the world, under measures included in Finance Minister Bill Morneau’s latest budget.

In an inconspicuous section tucked into a small 78-page annex to the budget, the government says it wants to give police and tax authorities new powers to fight tax evasion and advance international investigations into serious crimes, ranging from drug trafficking and money laundering to terrorism.
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“If you can get something buried in the budget that nobody knows about, sometimes you can get something passed without getting the kind of heat it deserves,” said Michael Bryant, executive director of the Canadian Civil Liberties Association and a former Ontario attorney general.

“Well, this deserves a lot of heat from the opposition and scrutiny from media.”
Michael Bryant, Executive Director CCLA, former Attorney General for Ontario
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Currently, the Canada Revenue Agency can share confidential tax information about Canadians with authorities in other countries that are investigating serious cases, such as tax evasion. However, under Canadian law, the CRA cannot share that information with officials in another country investigating a crime other than tax evasion.
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The proposed new policy affects more than tax information.
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While tax authorities in other countries can ask Canada for an individual’s tax information, that policy currently doesn’t extend to other information like bank account records. Under a second proposal, the government would allow the legal tools contained in the Mutual Legal Assistance in Criminal Matters Act — such as court orders — to be used to obtain information being sought by another tax authority.
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While the proposal was included in the budget, it will require the approval of Parliament before it can become law and be implemented. Finance Department spokesman Jack Aubry said it has not yet been decided whether the policy will be part of the budget implementation bill or some other piece of legislation.