"US Persons" - a FATCA update (not from IRS or Compliance-industry)

For those of you who are living outside the USA, but seen as "US taxable persons" (citizens & long-time Green-Card holders), thought you might want to know that there was a US Federal Court hearing early in September in attempt to obtain an injunction against FATCA prior to the September 30 deadline for transferring information from all IGA countries (and agreeing FFIs).  Unfortunately this plea has been rejected (see:   http://www.ifcreview.com/viewnews.aspx?articleId=10014 ).

However, this defeat DOES NOT STOP the full US Constitutional Challenge against FATCA being mounted in US Federal Court on behalf of 7 plaintiffs (as representing 8.7 million US Expats) - - and financially supported through Republicans Overseas (see:  http://www.republicansoverseas-uk.com/).  The US Constitutional Challenge WILL STILL GO FORWARD in 2016.  The position of the lawyer (James Bopp) and these plaintiffs is that FATCA goes against a number of provisions in the US Bill of Rights.

Additionally, although a similar Federal Court litigation for injunctive relief in Canada was rejected (see:  http://isaacbrocksociety.ca/2015/09/16/ … oot-canal/) , there too a Constitutional Challenge against the FATCA IGA WILL GO AHEAD IN 2016.  The legal team and these plaintiffs' position is that parliamentary passage of the IGA contradicts the Canadian Charter of Rights and Freedoms, particularly the right of all citizens to equal treatment under the law and the rule of non-discrimination based on country of origin and/or parentage.  More information about this Canadian litigation can be found at The Alliance for the Defence of Canadian Sovereignty (see:  http://www.adcs-adsc.ca/), the organization raising funds for this case.

With top notch constitutional lawyers, each is doing the best they can to stand up and say that FATCA is illegal and unacceptable on the basis of a range of national and international laws.  Both litigation efforts are important and need your attention; both are accepting supportive donations of all sizes from individuals and groups from around the world.  If you agree that FATCA needs to be eliminated (or very seriously revised), please consider joining the effort in some small (or not so small) way.

You may know that some US-Expat organizations have been arguing for "Same-country exclusion".  Here is a detailed and thoughtful analysis of the issues by former director of American Citizens Abroad (see:   https://americansabroad.org/files/9114/ … ut-tax.pdf).

Ongoing news updates and commentary are available at Isaacbrocksociety.ca; this blog-site has been running for 3.5 years focusing almost entirely on FATCA and other US tax laws that effect US Expats (from the perspective of effected individuals, not from the perspective of the "compliance industry" and/or journalists who are looking to report easy answers); blog-submissions/posts are from individuals living in numerous countries.  Please join the conversation and learn about your rights and options; if these recent US-IRS initiatives are not stopped (or seriously modified) these rights will be more and more diminished and Expats (and their families and businesses) will be the losers.

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