In light of the United States’ tax jihad against any person born in the United States, even those possessing the dominant nationality of another nation, I would like to explore the possibility that Canada take the lead in making post-natal changes to one’s place of birth. I could perhaps legally change my middle name and have my place of birth re-assigned to Canada, and then I would be able to cross the US border as a native-born Canadian.
The Province of Ontario has now set the precedent for changing a birth certificate in order to better reflect a person’s true feelings about their gender. Whether you agree with this or not, Ontario is now recognizing transgendered people’s right to determine their own gender, even without surgical interventions. The National Post reports:
New rules that have recently come into effect allow transgender people born in the province to apply to have the document amended by submitting a letter from a practising physician or a psychologist.
Susan Gapka, chair of the Trans Lobby Group, hailed the change as a crucial step for the transgender community in having their gender identity recognized.
“We’re going to celebrate this victory — because it is a victory, it’s a giant leap forward,” she said.
“Trans people’s identification will more easily match their presentation to the public.”
Well, I’m also a trans person. I am a trans-national. So therefore, I should be able to get the government of Canada to change my place of birth to better reflect my presentation to the public. My place of birth could now be listed as “Toronto, Ontario” where I made my oath of fidelity to the Queen of Canada.
This little change in the birth certificate and by extension, the passport of Canada, could solve a conundrum for thousands of people in Canada whose connexion to the United States does not include loyalty and solidarity but only place of birth. It is a simple solution that the government of Canada could quite easily implement which would reflect the dominant and effective nationality of Canadians whose only blemish is their United States’ birthplace.
*@Petros, keep us posted on these efforts.
I couldn’t agree more. Everyday I am forced to show my national ID card or passport for one reason or another and I absolutely hate that I can’t do anything to hide the place of birth. I feel that it is absolutely discriminatory and I always feel somehow like a second class class citizen as a result. I can change my name, gender, get adopted by other parents, etc, but I am forever stuck with my place of birth.
This goes both ways too, because I used to know several people in the US who almost seemed to have a personality complex disorder due to being born overseas and outside of the homeland. I didn’t understand what the big deal was at the time, but I certainly feel the exact same way now.
The easiest solution would seem to be to simply get rid of place of birth from all identification papers entirely. It is simply not needed as an identifying characteristic and could be replaced by a multitude of attributes such as your place of residence, a national insurance number, commune of origin and so on.
If somebody on the black market could offer to change my place of birth forever and I knew that there would be no chance of getting caught I would do it in a heartbeat and would be willing to pay handsomely for it…and this is coming from someone who has never broken any laws and wouldn’t consider doing so in any other circumstance!
@Petros: the solution is simple, do a double tranny. That world acclaimed Canadian socialized health system would pick up the entire tab and send you to the UK for the surgery. Then you would have all the multiculties and the LGBTer’s and even the greenies on your side. You would be invited to speak with Harper and you could get on all the Canadian talk shows. You would be as unstoppable as the welfare state itself.
Should not be a problem for Swiss Passport holders entering the US as Swiss Passports do not reveal one’s place of birth as in Switzerland’s nationality system, place of birth is irrelevant.
Instead, place of origin (Swiss Canton and Commune of citizenship within the Confederation) is indicated, which may or may not be the same as place of birth if one is born inside Switzerland.
*I actually contemplated putting Toronto instead of Tampa for my four-year old when I renewed his Canadian passport this past year. I thought if the discrepancy were caught, I would laugh it off as a mistake and make the correction. If the mistake were not caught, my son would be free. His US citizenship is, after all is said and done, an accident of birth.
Neat idea Petros — Oh, do I wish! Until last year, my place of birth was just a neutral fact. I am sticking with that fact officially. But since 2011 — in social situations if it comes up, I feel more comfortable with a white lie. I’ve chosen a Canadian location instead. Why? Because I’m trying to forget this mess. I sure don’t want anyone to think I support theUS (it’s doing it’s darndest to ruin my life, after all) … on the other hand, I sure don’t want to go around harranging against it either in a pleasant social situation. I just want to ignore the darn place.
Ironically I will probably never visit the country of my birth again because of the troubles that my being born there has caused me and my family. That in itself makes me
different from my neighbours (and from my own life pre-2011) because everyone else can just go to the States for a weekend and have fun, but for me the thought of going to the US now makes me cringe … the US makes it so hard to straighten out this mess (which they caused) and shows so much bad faith over and over, that I just don’t want anything to do with the place.
Nobody chooses their parents or where they are born.
The concept of “accidental American” should therefore apply to everyone with US parents or a US place of birth.
The only ones it shouldn’t apply to are those who make the decision to naturalize to become US citizens.
@ AbusedExpat,
Re: The only ones it shouldn’t apply to are those who make the decision to naturalize to become US citizens.
What a little common sense could do!
Of course, those making the decision to naturalize to become US citizens would need to go into it with their eyes wide open, fully aware of their responsibilities / obligations regarding US tax and “foreign accounts” — unlike the current US practice better described as entrapment. Full transparency for green card holders seeking citizenship, absolutely aware of the consequences, would be the moral, logical practice of a country advertising their land of opportunity to potential immigrants.
*If done properly, establishing a change of place of birth could be very damaging to identity theft, with the thieves incorrectly assuming that one was born in the former location.
*@CHF Forever
“Should not be a problem for Swiss Passport holders entering the US as Swiss Passports do not reveal one’s place of birth”
That’s absolutely true, of course. But it would be risky for a Swiss citizen who is also a US person to assume that the latter fact will not be evident to the US border control staff. And if the Swiss citizen is also a US national s/he is required to present a US passport at point of entry as you know The main advantage for the Swiss is that on presenting his or her ID card to a financial institution that firm will not be on notice of a US connection.
I’m not sure how this relates to change of gender. Perhaps reluctantly Switzerland is bound by the ECHR decision in the Foy case: it must change identity documents. I am aware that it is, or was, difficult to change one’s name in Switzerland but presumably that is superseded by the judgment. http://www.rte.ie/news/2007/1019/foyl.html
If it’s possible, I’d like to get my wife’s changed to Vancouver, BC. “British Columbia” Canada, just in case the morons at INS think that it’s Vancouver, WA.
You guys give me cognitive dissonance, haha you rail against the US in so many ways, just short of using stereotypes, but then come out with things like “then I would be able to cross the US border as a native-born Canadian” now it’s in our best interest to allow foreigners with cash who are eager to spend it here in to visit, but I don’t understand how with all the hatred spewed towards the US you guys can think about coming to visit as a “native Canadian” or whatever. I see so much negativity and hatred directed towards the US how do you keep that separated in your mind in order to have the desire to come visit? That’s not to mention that here (inside the US that is) the knee-jerk reaction to hearing that someone gave up their US citizenship (presumably because they believe they found a better one) is not one that would welcome you back with open arms. Cooler heads have prevailed but how many high profile renunciations like the Facebook guy do you think will be allowed before punitive steps are taken to further discourage the ending of US citizenship?
@Whoa
It’s an interesting point you make. There is a lot of anger and fear about possible action of the US authorities which appears to be directed at us because of a citizenship issue which otherwise does not really give us much advantages, and does give us lots of disadvantages.
On the other hand, “ordinary” Canadians are able to cross the US/Canada border without any of those worries. Furthermore, if you live in Canada, if you want to travel, the only country that is anywhere near us is the US. Even if you want to fly to anywhere else, a lot of flights go through the US. So a lot of Canadian/US duals would like to be able to do the normal sort of travelling that other Canadians do without worrying about being stopped and hassled at the border.
I doubt you would hear those same sorts of comments from European duals, who have lots of other easy travel options.
@WhoaIt’sSteve–I’d be happy to let you folks rot with your national debt and your deficits. But I’ve family in the US, and I fear crossing the border because I am the ring leader at this blog. I’ve had a former IRS lawyer tell me that I’m probably a target.
Many of the folks who are feel anger at the US, it’s because they still have loved one’s in the United States that they would like to visit. But now that the US looks on all expats as sources of money, it’s a daunting thing to have to cross the border with a US birthplace marked on your passport.
@Steve,
I think you’re referring to my comment, about not wanting to visit theUS . I vacationed in the US most of my life, because it was a pleasant place to visit. Enjoyed shopping, exploring and photographing architecture, stuff like that.
It’s not hatred. It’s dismay and uneasiness or something that I just have no desire to want to see theUS . I’m not trying to put them out of business by not shopping there. It’s that it has caused and is causing so much serious mental, physical and financial harm to me and my family that just I want it out of my life. Maybe in ten years, this episode will recede into the past and I will feel comfortable about visiting there, now it makes me sad and upset. The US is doing everything they can to make this drag on, which makes it hard to get closure and even start the process of moving on. And their laws, policies and statements in this area come across as a very meanspirited country. Remember I last lived there in 1970, it was a different country then, this meanspiritedness for example.
Have you ever, say, worked with someone who caused trouble? Didn’t you find yourself happier to just not socialise with the person? I’m not saying punch them in the nose, just don’t hang out with them and you’ll be happier. That’s how I feel about the US.
My complete dismay and uncomfortable feeling with theUS is not so much that they created this problem – governments, just like humans, make mistakes, screw things up, whatever. What really matters is how a person, a business, a country straightens out the problem.
The US is making this so difficult to straighten it out, they are extremely opaque to deal with or even to contact a human to communicate with. As soon as I realised there was a problem, a misunderstanding involving my status with the US, I have done everything I can, in good faith, and with all due diligence to try and fix it.
For most of my life, no one gave a darn that I’d relinquished myUS citizenship. Now I’m considered to be a tax evader? Like I must have been real smart to figure out whilst making minimum wage 40 years ago that I could save on taxes due to laws that didn’t even exist at the time. No one even thought about taxes at that time. For the record, my home of the past 20 years is a 600 sq foot rented apartment, my family has one car which is 13 years old, and I made less than $20,000 last year (the highest income my husband and I have ever had, combined, in a year was around $75,000). Most countries would assume I don’t have anything to cheat with, even if I wanted to.
I did not choose to relinquish myUS citizenship because of taxes. You mention hatred of the US . I did not choose to relinquish due to hatred. I had no connection or ties to the US and I personally was not comfortable with the idea of having allegiance or commitment to two countries at the same time. There was a time when that made sense to people.
@Petros. In my case, it’s not fear. It’s just that the place makes me unhappy and uncomfortable for the reasons mentioned above. Used to be as we approached the border and saw the US flag, my line was, “Awwwright! Now we’re really on vacation!”
It became sort a family joke or tradition, that I’d do that. That’s definitely not the first feeling that would pop into my mind at that sight now.
Also, regarding loved ones, I don’t have any in the US, I sponsored my family to move to Canada many years ago.
I don’t hate my country. My government hates me.
Steve, I don’t comment much any more. I just gave up! The US is the US and I highly doubt that they are ever going to change anything. This is what I’ve come to accept. “You guys” (maybe not “you” specifically) seem to despise your countrymen who live in other countries. I will never figure this one out. With this US nonsense, the chances of us repatriating our know-how learned in other countries falls to zero.
Since I’ve been renovating apartments lately, I get lots of questions about electrical plugs, wiring, grounding, building materials, quality etc.. IN THE USA. I have to tell them that I don’t know, and I can’t remember. I get at least a few questions a week about the US on just about every subject matter, but everything there is becoming very fuzzy for me ’cause I haven’t stepped foot on US soil in over 7 years. It’s getting almost comical: I speak with an accent, but I know very little anymore about where I was actually born. 🙂 If these other people want to go to the US as a native Canadian, then more power to them.
The US makes it so difficult and expensive for Brazilians like my wife to get a visa to go there that we just avoid the topic of discussion altogether. In these 7 years, I’ve never heard her push to get a tourist visa. You said you want to let tourists coming in. Yeah right! Maybe you do, but your elected officials don’t have a clue. By my rough calculations, for us to get visas for my wife and kid, it would cost about the price of a RT plane ticket ($1,400’ish, mostly in travel expenses). Sorry, but that’s not worth it. And if you saw “and my kid”, there’s no way in this world I’m going to attach a US passport to him. If he wants one when he is 18, he can get it. But that will be his descision.
Confederate, just to throw a wrench into your race-theory spokes, yeah, I live in Brazil where the majority of the population (60%+) has traces of either African or Native ancestry and sometimes both. Why didn’t Obama make it easier for “Brazilians of Colour” to go to the USA? The only thing that irrates me about race issues here is when the US tries to “export” their model of race classification here. It’s totally different there and it doesn’t fit. Not surprisingly, I’m always thrilled when the Brazilians reject the US model as garbage, which it is.
@WhoaItsSteve,
Re: …how many high profile renunciations like the Facebook guy do you think will be allowed before punitive steps are taken to further discourage the ending of US citizenship?
What is it about Eduardo Saverin obeying all of the US laws in renouncing his US citizenship so he (or any of the other of US Citizens Abroad) can conduct business as any other-nationality businessman in Singapore (or other countries), following the procedure and paying all required of him in Exit Tax to the US, that triggers punitive action? He helped create many jobs in the US but it was his decision a couple years ago to leave to do business elsewhere; he renounced his citizenship according to existing law. Punitive action by the backward US Congress is what we all agree on here. Being called traitors and tax evaders is what we all agree on. Not trusting the US to heap on even more punitive action is why we are renouncing and relinquishing. Just why is the US discouraging (and not reporting correctly) the endings of US citizenship? Is renunciation or relinquishment not a right of choice all US citizens are accorded? Are we criminals to be barred from the US when we want only the citizenship of the country we live in — so we can get on with normality in our lives as our fellow countrymen? Why should we not be accorded the same rights as any other in the country of our new citizenship to visit the US where we, importantly, have relatives or just be tourists and decide to spend some money in the US? Just what is our crime????
*This idiotic tax bill did not pass, but it is likely to come up again. Eduardo Saverin is a Brazilian citizen. He did not relinquish or renounce his Brazilian citizenship when he became a US citizen. And having renounced his US citizenship and living today in Singapore he will stil be subject to capital gains taxes, if there is any gain, on Facebook stock he may hold, because, being a US corporation, foreign residents of other countries, regardless of their citizenship, are still subject to US taxes on the sale of stock in US corporations and other US property.
The crime is jumping over the Berlin Wall.
@AbusedExpat,
Indeed the US is constructing a new Berlin Wall for us. Did not US President Reagan implore, “Tear Down This Wall”?
@geeez:
My race theory boils down to this: 98% of blacks and >70% of “Hispanics” will vote for the racially divisive and race-baiting Obama and his guru Jarret, both of color. It is Obama’s color that makes it virtually impossible for the Republicans to attack his policies because the Democrats simply twist any criticism into “racism” in order to peel off more white women voters who adore him so. To try to pretend that race in some way doesn’t factor into every political decision they make is simply willful PC-based partisanship.
Here are some current US immigration stats. None of the top 10 sources of immigrants are Caucasian, so I could easily make a claim that this is anti-white racism.
@Whoa, why is it difficult to understand the dissonance? We cannot understand what cannot be justified, and what is not logical or just. We cannot accept it. We don’t owe the US anything. It provides us with nothing. We cannot live this way, yet are seemingly powerless to change things.
We want to have the same access as any other Canadian, or any other non-US citizen visitor to the US. We want to see our relatives, without having to certify annually that we’re not money launderers or tax evaders. The US thereatens to deny us access to our US resident family if we have any.
We want to be able to exercise the human right, and choice not to be a US citizen and US taxable person. We just want to be able to save and pay taxes like our fellow Canadians-single citizenship fellows – to ONE government only – where we actually live – which is not in the US. We want to be able to use the same tax breaks and credits Canada extends to all of our Canadian brethren – saving for our children’s schooling, and for disability and retirement – like anyone else who either does not have the US citizenship taxable burden, or who is a US resident citizen. We want to report and pay tax to only ONE government – where we actually live, work, earn, (and where many were born- in Canada). We don’t want to have to pay wasted thousands every year – for a lifetime, to demonstrate repeatedly that we owe zero US tax, but never can be sure if there will be yet another complex and labyrinthine form that comes with yet another potential fine in units of 10,000. on our already taxed assets. We don’t want to live in fear that US Senators and Congress will finally do away with the FEIE and make our lives impossible.
We don’t want to have to pay 450. to the US for the right to renounce. We don’t want to worry that any children we have will inherit the same involuntary burden.
What is complex or dissonant about that? All our fellows with only Canadian citizenship can do that – as can tourists from many other countries. They can visit the US without the barriers we face. We just want to have the same ability if we so choose. But we are angry because that is so difficult – and for some, seemingly impossible to achieve. We want to visit family, if we still have them in the US – without having that access tied to US tax and to be free of the everpresent danger of falling afoul of incredibly complex rules and penalties on our everyday local bank accounts. Is that a complex wish?
The country that claims us – provides us with nothing, yet prevents us from being free to live our lives elsewhere. And it should be obvious why people are very bitter after having paid thousands, and spent countless useless hours struggling to demonstrate the obvious – that we still owe no US tax, and that our local accounts are still legal, post-tax, registered with our home tax authority, and still not criminal money laundering or terror-funding endeavours.
I am bitter because the US causes me only pain – and provides nothing – no services, no consideration, no representation, no rights, no justice, – no voice. I merely want to be able to attend family funerals, and dance at family weddings in the US. I want my non-US spouse to be treated the same way after my death re our shared assets as if they were a US person. I want my child/ren to be able to use the benefits their native home and land of birth gives them – but which the US will punish them for having.
I don’t want to belong to a country that treats me and mine presumptively like a criminal and burdens me with proving annually that I am not one. I don’t want anything to do with a country and government that says my fellows inside the US are innocent until proven guilty, yet presupposes all of us outside as guilty of tax crimes until we prove – repeatedly, and at incredible length, that we are not. It should not take us countless hours, and endless pages of incomprehensible forms – fraught with danger if we make even minor innocent errors. Even the advisors and tax professionals we employ are not confident and sanguine about the process and outcome. How then can we as ordinary individuals be?
That is why I can no longer think of the US with any affection or respect. The US government who claims us knows exactly what it is doing to us, and continues on the same path – consciously and deliberately. And refuses to respond to the concerns raised by the ACA, AARO, and the Taxpayer Advocate. It claims we have a responsibility, yet shows none towards us. It claims we are citizens, yet extends absolutely no assistance to us.
The US has created this dissonance.
@Roger, Nonresident foreigners are only taxed on capital gains of US real estate. Their capital gains of US stocks and bonds are only taxed by the US if they are present in the US for at least 183 in the year. And in this case, there is no exception for diplomats and foreign students as there is for the general income tax. I think this is really confusing but the US really has different tax residency rules for income tax, capital gains tax and estate and gift taxes.
http://www.irs.gov/Individuals/International-Taxpayers/The-Taxation-of-Capital-Gains-of-Nonresident-Alien-Students,-Scholars-and-Employees-of-Foreign-Governments
http://www.irs.gov/Individuals/International-Taxpayers/Effectively-Connected-Income-%28ECI%29
Anyway, assuming that Eduardo Saverin remains most of the time in Singapore, the capital gains of his Facebook shares will not be taxed by anyone, since Singapore doesn’t tax capital gains or foreign income. This is what made it look like he planned everything in advance. However, Facebook share prices dropped significantly and he ended up paying much more exit tax than the regular taxes if he had remained a US citizen. The main reason he renounced was to avoid the reporting requirements and FATCA, but the general public didn’t understand that.