Monthly Archives: February 2014

CRA Now Works For IRS

Wow!  Theo Caldwell tells it like it is in a hard-hitting article from Daily Caller in the US.
Canada’s FATCA Capitulation says it like it is.

As of this past week, the Canada Revenue Agency works for the Internal Revenue Service.
 

And:

Notwithstanding that Canada’s leaders have subjected their citizens to the most rapacious and malevolent tax department in the world in the form of the IRS, they have committed a craven surrender of national sovereignty.

He asks:

Why, then, would Canada acquiesce to such an absurd arrangement?

Could it be XL Pipeline?
He tells Canada’s “leaders”:

When another country comes along and says their laws will henceforth be your laws, tell them to cram it with maple syrup.

Finally:

Through this agreement, Canada has shown the world it lacks the courage to govern itself. This cannot stand.

Finance Canada–244 Pages Access to Information

A few months ago, I submitted a request to Finance Canada for records relating to FATCA through Access to Information.
After several delays, I finally received 244 pages about 10 days ago.  I’m still awaiting several other pages. I was holding off posting these records so I would not jeopardize the remaining records.
With the signing of the IGA, that concern is now irrelevant, so I am uploading the pdf documents here. You will notice some pages have been withheld entirely. Other pages have been partially redacted.
James Jatras has seen these and says the Canadians use nifty blackouts where the American just use black magic marker.
So, what have I learned from these documents?

1. Finance Canada has been far more concerned about the banks than they were about Canadians.
2.  Canadians are neater at withholding information than Americans.

I also have a request in to Justice. They sent me some information in print, so I can’t post it here. However, the only information they provided was copies of laws, procedures, etc. Essentially everything to date was completely withheld. I am still awaiting more information, but I expect most will be withheld or redacted.
(Note – had to split into 4 parts)
FATCA Update from Access to Info Request_Part1
FATCA Update from Access to Info Request_Part2
FATCA Update from Access to Info Request_Part3
FATCA Update from Access to Info Request_Part4

Relevant to Folks or Fear Mongering?

I will let you tell me.  Is this article in Tax Connection “relevant to folks” or is it “fear mongering?”
http://taxconnections.com/taxblog/its-official-expatriations-in-2013-set-new-record/
Please read both the article and the comments and tell me what you think.  The reason I ask is Brian Mahany sent me a direct e-mail after reading my comments. His subject line was Fear Mongering? The message was

I try to post articles that are relevant to folks, not engage in fear mongering. Don’t shoot the messenger; we are not advocates of FATCA.

Comments are appreciated. If you wish to write something for TaxConnections I am sure readers would find it interesting and I am sure the publisher, Kat Jennings, would post it for you.
Brian
My reply was:
If you’re not doing fear mongering, why don’t you inform Canadians about the fact CRA does not and will not collect for IRS. Why don’t you tell them IRS has no jurisdiction in Canadian courts for tax collection? Why don’t you tell them IRS cannot prosecute in Canadian courts  Why don’t you tell them many of them can get backdated CLNs with no further obligation to IRS?
I asked you a couple of those questions after you posted at Maple Sandbox–where we do not usually allow advertising. You did not respond.
His reply back to me was:

Lynne-

Thank you for your reply.  I don’t write about these things because I am not a Canadian lawyer and have no idea whether they are true. As I suggested, write something from the Canadian perspective.
Regarding Maple Sandbox, I am not a subscriber so I don’t see comments.
Brian
Brian says he’s not a subscriber here.  Yet he commented under Things to Consider Before You Contact a Lawyer thread, but didn’t respond to questions there.
So, back to the question. Was Brian’s article fear mongering or relevant information that might be helpful to folks?

 
 
 
 

Bizarre Stuff Happening

Something bizarre is happening at Maple Sandbox. We don’t think it’s the NSA, IRS or US Treasury checking us out.
Some of you may have noticed a delay in your comments appearing yesterday or today. For some reason, some comments went to moderation while others didn’t. There was no reason for that as we do not have anyone in moderation.
You somehow were caught up in a number of spam messages that also went to moderation.
Even weirder is I received a message from another person who comments here occasionally that she received requests to moderate. That is totally bizarre because she is not an administrator.  Did anyone else receive a message like that?
In addition, for some reason, my links to the CRA information did not work and I cannot link directly to Don Whitley’s article or anything else.
Outraged in working on it, but it may be a while before she is able to fix it. She is at work now.
Please bear with us.

With FATCA Flaherty and Harper seem to have thrown due process under the bus, too

 
I have posted below the text of an email that I sent to the opposition parties and the Canadian Civil Liberties Association yesterday. I think the contents and arguments are self-explanatory.
I would urge everyone to write their MPs about this issue. Pay attention to the reply you get, or whether you get a reply. No MP, and no political party, that doesn’t even understand the concept and importance of due process (not to mention failing to understanding concepts of national sovereignty and citizens’ privacy rights), deserves your vote in the next election, nor deserves to sit in our House of Commons. In my opinion at least.
Continue reading With FATCA Flaherty and Harper seem to have thrown due process under the bus, too

"FATCA Most Successful Assault on Canada Since 1812"

In Canada Capitulates on FATCA Agreement, http://bit.ly/1gcUqC9, Don Whitely writes

In signing an agreement spelling out the details of how Canada will comply with a U.S. tax law targeting Americans living in Canada, our country surrendered its sovereignty

He also says:

For the U.S., it’s arguably the most successful assault on Canada since the War of 1812. A close rival for

There’s lots more including the U.S. threats, the capitulation of Ottawa, how the banks dodged a bullet, the possibility of lawsuits, our sense of betrayal and more.
He concludes:

My guess is the Americans can’t believe they are getting away with this.

My guess is they are still celebrating at the success of their financial terrorism.

FATCA Information from Canada Revenue Agency

Here is Information on FATCA From CRA.
Updated link to FAQS on IGA: http://www.cra-arc.gc.ca/tx/nnrsdnts/nhncdrprtng/fq-eng.html
This information in particular jumped out at me under II

Will my financial institution be asking me if I was born in the U.S.?
A financial institution complying with the agreement will not be required to ask its account holders about their place of birth.If a financial institution, applying the due diligence rules of the agreement to its accounts, discovers any records connected to the account that have an unambiguous indication of a U.S. place of birth, the financial institution may treat the account as a reportable account or follow up with the account holder to obtain documentation that shows the account holder is not a U.S. resident or U.S. citizen.
Does the agreement require Canadian financial institutions to report to the CRA on any individuals who were told that they relinquished their U.S. citizenship when they became Canadian citizens?
The agreement does not require Canadian financial institutions to report on any individuals who have relinquished their U.S. citizenship and are not residents of the U.S.

Most of our banks won’t have an “unambiguous U.S. place of birth in their records because they were not able to ask that question when we opened accounts with them.
I don’t have the energy or concentration to review this or comment in detail tonight (just returned from the Information Session in London Ontario).  However, I wanted to get it posted so others could see it and share their thoughts.
 
 

Solving Problem of U.S. Citizenship Information Sessions

Before you rush to an accountant or lawyer in a panic, if you are close to any of these locations, check out one of these information sessions on Solving the Problem of U.S. Citizenship: Solve Problem

 
 
 
 
 
 
 
 
 
 
ADMISSION FEE $20 UNLESS OTHERWISE NOTED

  • Toronto, ON U.S. Citizenship & Young Adults: Navigating The Special Rules Imposed On U.S.Citizens Abroad Sat, June 7, 10 am to 12 noon, Univ of Toronto, St. Michael’s College, Carr Hall, 100 St. Joseph St, MAP NB: $20 individual or $40 for a family of up to four people

Who: John Richardson
Citizenshipsolutions.ca
$20 donation to offset costs-payable at the door
Continue reading Solving Problem of U.S. Citizenship Information Sessions

Canadian Government Proposing Changes to Citizenship Act

According to several sources this morning, our government is going to be announcing changes to our citizenship act today. I think we will all be anxiously waiting to see how this affects us.
The Toronto Star: Conservatives set to announce ‘comprehensive’ changes to Citizenship Act
Macleans: Conservatives set to announce ‘comprehensive’ changes to Citizenship Act
CTV News: Tories to unveil ‘comprehensive’ changes to Citizenship Act
The Globe and Mail: Tories’ citizenship revamp to lengthen permanent residents’ waiting period
The Macleans Article:
Conservatives set to announce ‘comprehensive’ changes to Citizenship Act
“Citizenship and Immigration Minister Chris Alexander will detail the changes at a Toronto news conference. The government is calling the overhaul the first comprehensive reform to the Citizenship Act in more than a generation. Alexander recently said the government planned to implement new rules that will ensure Canadian citizenship “has value.” Among the reported changes is one that would allow Ottawa to revoke the citizenship of dual nationals in “extreme cases,” such as in cases of treason or acts of terrorism.Alexander also suggested recently the government will try to give citizenship to those who have been wrongfully denied it in the past, such as the children of war brides.”
Don’t know about anyone else, but I am very afraid, considering how they caved so absolutely yesterday.