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.
The revenue Rule says Canadian Courts will not collect for a foriegn power, Can you confirm with lawyer if that also means they will not extradite Canadian for failing to file non resident US taxes?
Can you ask them if a Canadian has ever been extradite to USA for not filling USA taxes?
http://uniset.ca/other/cs6/68OR2d379.html
Thanks
Blaze a question or confirmation for lawyer
The revenue Rule says Canadian Courts will not collect for a foriegn power, Can you confirm with lawyer if that also means they will not extradite Canadian for failing to file non resident US taxes?
Can you ask them if a Canadian has ever been extradite to USA for not filling USA taxes?
http://uniset.ca/other/cs6/68OR2d379.html
harrden
http://scc-csc.lexum.com/scc-csc/scc-csc/en/item/7322/index.do
I have been telling people can throw out nasty letter from IRS if they stay in Canada
“A foreign State cannot escape the application of the rule that in no circumstances will the courts directly or indirectly enforce the revenue laws of another country, which is one of public policy, by taking a judgment in its own courts and bringing suit here on that judgment. The claim asserted remains a claim for taxes. It has not, in our courts, merged in the judgment; enforcement of the judgment would be enforcement of the tax claim.”
Thanks
@George: I asked about extradition on Saturday. It’s not going to happen for failure to file with IRS.
Here’s a similar article from Theo Caldwell in Financial Post
http://opinion.financialpost.com/2014/02/11/canadas-u-s-tax-capitulation/
Here is very similar article from Theo Caldwell in today’s Financial Post.
http://opinion.financialpost.com/2014/02/11/canadas-u-s-tax-capitulation/
Thanks Blaze I did not want to give bad advice. The law was very clear. But a lawyer opinion is much better.
@George: Do you know any Canadians who have received nasty IRS letters?
I had a friend who worked in USA as a Professional. Allowed under NAFTA. No green Card. He got them. they became nastier over 2 months. He was able to correct and be onside. He had a friend who did have actual irregularities he was stopped at border. You may check with lawyer if any Canadian has been arrested for tax offenses at the border?
Remember the revenue rule and CRA regulation
To me, the 1995 USA Canada Tax treaty was a lot worse. It allowed collection from Canadian resident and unofficially recognized USA tax law on Canadian, even though CRA will not collect. They relied on Revenue Rule to prevent courts from collecting. They had that terrible closer connection rule where snowbird are now forced to do if they stay 121 day in USA annually. It has same info as FATCA,
You compare our FATCA to USA
No Green Card my get out of jail even though I threw it out 34 years ago
no closing of bank account on recalcitrant accounts
no 30% withholding on US assets ( I got rid of all my US asset before regulation )
no need to be tax compliant to be a non US Person
allow relinquishment explanation why no CLN unlike UK where it is just a renounce explanation
no past history allowed
no connecting of account by electronic transfer agreement
Typo
You compare our FATCA to UK
No Green Card my get out of jail even though I threw it out 34 years ago
no closing of bank account on recalcitrant accounts
no 30% withholding on US assets ( I got rid of all my US asset before regulation )
no need to be tax compliant to be a non US Person
allow relinquishment explanation why no CLN unlike UK where it is just a renounce explanation
no past history allowed
no connecting of account by electronic transfer agreement
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.
http://www.cra-arc.gc.ca/tx/nnrsdnts/nhncdrprtng/ndvdls-eng.html
Bring you Canadian Citizenship paper with relinquishment of other citizenship and it should be all you need
CRA’s interaction with IRS, as I see it in anyway, will not be much different than it always has been under the existing tax treaty. Under FATCA, they can only report the information they have, and under our constitution, banks and brokers don’t have to give them any more information than they have always been giving them.
Question is…..are banks and brokers smart enough to see that?
As I have pointed out our FATCA is way better than the European FATCA.
They will not shutdown US citizen bank accounts.
If you are smart you should be able to beat the system.
Blaze have you talked to Pacifica to stop blood sucking fear merchants lawyers from being posted at Issac Brook?
Thank You
Those Europeans have who not signed should demand nothing less than the terms we have. I would have preferred that we had taken Russia’s stance, and I would encourage those that have not signed to do the same.
But yes……..we have a better deal than the Europeans.
Those that have already signed should, administratively, approach it the same way we have. Ask me no questions and I will tell you no lies.
I think we should be campaigning high and low, far and wide, for people, both American, and non-American, to wave our constitution in front of each banker’s face.
I don’t want to “beat the system” I should have nothing to “beat” in the country I have chosen be a citizen, work, earn an income, own a home, participate in my community, volunteer, vote, obey laws, save, invest, and pay taxes.
I have been loyal to Canada. My country should now ensure I have the same rights as all other Canadian citizens–just as my Canadian citizenship certificate says.
The Charter actually does not apply to banks. It applies to governments. Now that we know what the legislation may look like, that is where we need to focus our energies.
I am only an occasional participant at Brock and no longer make suggestions about what might or might not be appropriate on their site.
I don’t really look at as “beating the system”. I am talking about “using our system” within the letter (if not the spirit) of our law to rub it in their faces.
Granted, we are talking about semantics, but to me, using the law rather than beating the law are two different things, and by the law, I mean our constitution.
I don’t really look at as “beating the system”. I am talking about “using our system” within the letter (if not the spirit) of our law to rub it in their faces.
Granted, we are talking about semantics, but to me, using the law rather than beating the law are two different things, and by the law, I mean our constitution.
Artic I doubt in the end any country with substantial US trade will refuse the agreement. The 30% withholding is nuclear weapon to all country that trade. The US$ is the reserv currency. Even though we have a balance budget and USA has huge deficit the US$ exchange rate has increased.
The Canadian government is trying to make it as easy as possible for us to use the system.
Blaze what is the news on constitutional challenge?
Is Civil liberties proceeding?
I just scanned through the UK IGA – the first one signed – and I don’t see an appreciable difference between that one and the Canada IGA. Am I missing something?
No 30% withholding on US assets
No Green Card
US citizens do not have to tax compliant
You can explain relinquish
No shut down of recalcitrant accounts
No looking at prior history
FI will not ask where you are born
http://www.cra-arc.gc.ca/tx/nnrsdnts/nhncdrprtng/ndvdls-eng.html
correction
Ex US citizens do not have to tax compliant
You just have to get CLN
Of course that may put you on IRS radar. It may just be easier to explain why you relinquished a long time ago if you can beat the system.
It is an IRS system you are beating not CRA system.
Instead of wasting all this other countries money why did not the USA just update it citizen list and apply tax law at or in their borders, THis would be the Case for the Canadian Fact not European where they are collecting?
@George: All I can say at the present time is some of us are exploring options about the Charter. I’m sorry I can’t say more than that at this time publicly.
I know it is frustrating, but I’m quickly learning it’s true the wheels of justice turn slowly–and require money.
You are not alone in asking the question. A privacy lawyer is also asking if there will be a Charter challenge.
http://michaelpower.ca/2014/02/fatca-charter-challenge/#more-2365
Wow, I do not sense a lot of optimism is this lawyer’s assessment. Almost like he’s saying FATCA will get a bit more publicity but it’s here to stay. Looks like a charter challenge is the last chance.
Also, I wonder how this will all play out with the recent OECD announcement. Will the US come to its senses, adopt their residency based reporting framework and scrap FATCA?
The fact that bank accounts can not be shut down and that no 30% witholding on USA assets weakened a Supreme Court case. There is no economic harm if you do not cross the USA border,
If you do cross the USA border in the future, they may demand are you no longer a US person for tax purposes if you have a USA birthplace. They can do this without FATCA.