“Christine Stebbins Dahl: don’t hold your breath waiting for a civil war to break out and end taxation of US citizens and residents. Cook v Tait is based on traditional notions of sovereignty, not on an assessment of the value conferred by citizenship. The Court specifically rejected the argument that expats received no benefits from the US and so shouldn’t have to pay taxes. Sovereignty remains a core principle, if not the core principle, of international law.”
As you know, FATCA is for the purpose of enforcing U.S.
place of birth citizenship-based taxation.
Joe Arvy, ADCS lawyer includes in his factum:
“Given the existing bilateral and multilateral tax information exchange and enforcement regimes between Canada and the United States, it is clear that in “enhancing” this regime, Canada would not be helping a foreign sovereign catch tax evaders. Instead Canada would be helping a foreign sovereign enforce jurisdictional claims over Canadian residents (as the FATCA required information must be collected, used and disclosed to the IRS without any evidence of evasion by these residents). This contradicts Canadian and international tax practice, and it introduces a systemic lack of reciprocity into the international tax regime. It seems clear that Canada has agreed to…
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