I just sent this to every MP:
What is your Party’s Position on FATCA?
The Green party has released its position on FATCA.
One million voting Canadian citizens and their families and friends are waiting to hear your party’s position.
http://www.greenparty.ca/statement/2013-01-28/backgrounder-canada-and-fatca
Sincerely,
Yes, this Sunday I’m at the renaming of a road to Jack Layton Way and March 4 to a premier of the docudrama, “Jack”.
@ Swedish Citizen
Joe Smith’s spreadsheet (link at bottom of his post) includes telephone and fax numbers if anyone wants to make some calls. Sorry but 300 e-mails is all I’m up to, although I might call my own MP’s office.
The following response I got today from Craig Scott (NDP) contains a very heartening phrase: “will not support an agreement that violates the privacy rights of individuals”. I replied with an e-mail of appreciation for taking this stance and encouragement to the NDP party to continue to try to persuade the Harper government that a FATCA IGA is not in the best interest of Canada.
Thank you for taking the time to write regarding U.S. Foreign Account Tax Compliance Act (FATCA).
The Harper government is currently participating in closed doors negations with the US over an Intergovernmental Agreement (IGA) for the implementation of FATCA in Canada. Such an agreement would likely require Canada to enact laws and regulations that would require Canadian financial institutions to comply with FATCA. New Democrats have serious concerns about the lack of transparency and consultation during the negotiation process and the potential infringements on the rights of Canadians.
If implemented, the IGA would likely require Canadian banks, investment funds and other financial institutions to disclose annually to the U.S. Internal Revenue Service (IRS) accounts held by American Citizens, which includes dual citizens in Canada. Failure to disclose account information could result in a withholding tax applied to U.S. income earned by the institution or by account holder. The goal of this policy is to aggressively target American citizens who are improperly shielding assets in offshore accounts.
Essentially, FATCA would allow the United States to bypass the exchange of information between the IRS and the Canada Revenue Agency and instead get information directly from Canadian financial institutions and there are widespread concerns that this exchange of information could potentially violate existing Canadian privacy laws.
New Democrats have repeatedly raised concerns over FATCA with the Conservatives and asserted that the government has a responsibility to protect innocent Canadian citizens from the improper and unreasonable intrusion of a foreign government.
New Democrats are fighting for the Conservative’s to finally get serious when it comes to tax havens. We believe the Canadian Government has a responsibility to protect Canada’s tax base, and we understand the United States’ desire to protect their own tax base, but this cannot come at the cost of the rights of individuals in our own country. We are demanding answers and transparency from the Conservatives on FATCA, and will not support an agreement that violates the privacy rights of individuals.
Again, thank you for writing. Please be assured that my New Democrat colleagues and I will continue to stand up for fair taxation and privacy rights.
Sincerely,
Craig Scott, M.P.
Green Party of Sweden & Canada, together, fighting for citizen rights?
There are 7 million people in the world who are looking for leaders. The Canada Green Party is leading against the FATCA intrusion upon 1 million sovereign Canadian citizens and residents. Leif Jakobsson of the left block of Sweden (S) is just beginning to understand how important the future of 30,000 + of his citizens could be affected by USA FATCA laws.
Could the Green Parties take a simple telephone chat between each other, to compare notes, about how this important issue could be addressed? Billions of dollars in each country are at stake, and millions of lives of normal, law-abiding citizens are at stake.
Sweden is close to a decision which could affect 30,000 Swedes in Sweden and near 100,000 Swedes in USA, and the Green Parties have not yet had a chance to understand what is happening.
I would love to explain personally what is going on with FATCA in the world—it is the Worst Law the World has Never Known.
Could you take that small step to call each other and chat? The contacts are below.
9am Eastern time in Canada = 3 pm (kl 15) in Sweden.
Swedish Citizen
http://www.greenparty.ca/statement/2013-01-28/backgrounder-canada-and-fatca
IRS Tax Collection: Evasion of the US or Invasion of Canada?
The Green Party of Canada is calling on the government of Canada to stand on guard against the demands of the United States (US) for extraterritorial enforcement of an American law: the Foreign Account Tax Compliance Act (FATCA). The Government of Canada must protect our citizens and residents from FATCA’s invasive violations of individual privacy, and refuse to make Canadian consumers and taxpayers pay the significant costs to enforce a unilateral American mandate that does not benefit Canada in any way.
This US law, whose staggered regime is set to come into effect through 2013 and 2014, demands Canadian financial institutions report to the United States’ Internal Revenue Service (IRS) the confidential account information of a large number of Canadian residents regarded as “US persons” under American regulations, most of whom are Canadian citizens. The Department of Finance gave notice in November that an Inter-Governmental Agreement (IGA) on FATCA was being negotiated, and the proposed terms have not been made public. The IRS has only recently issued the final FATCA regulations on 17 January 2013.
http://www.riksdagen.se/sv/Dokument-Lagar/Fragor-och-anmalningar/Fragor-for-skriftliga-svar/Fatca-och-riksdagen_H011307/
question: 2012/13: 307 FATCA and Parliament: by Leif Jakobsson (S): for Finance Anders Borg (M)
FATCA is a framework that purportedly adopted in the U.S. on 18 March 2010. The question is why the government has not informed parliament closer to the subject, which in principle is of great importance because it intervenes in both Sweden’s sovereignty and the way we look at the privacy of living in Sweden. Foreign power imposing the penalty shot Swedish companies to disclose certain information that seem to apply to its citizens who are permanent residents in Sweden. The agreement must be reasonably addressed parliament and government is a minority government with a draft agreement can be folded without broader parliamentary support. Parliament should also have an interest in privacy aspect.
In light of the facts and circumstances, the Finance Minister has not taken the initiative to an early and broad information about FATCA to parliament so that the matter could be analyzed and anchored through such hearings in committees, etc.?
ALSO
http://www.riksdagen.se/sv/Dokument-Lagar/Fragor-och-anmalningar/Fragor-for-skriftliga-svar/Fatca-och-EU_H011306/
http://www.riksdagen.se/sv/Dokument-Lagar/Fragor-och-anmalningar/Fragor-for-skriftliga-svar/Svenska-forhandlingar-kring-Fa_H011308/
Green Party of Canada>
http://www.greenparty.ca/contact/offices
National Office Telephone & Fax Numbers
Toll-free: 1-866-868-3447 (1-866-VOTE-4-GPC)
Telephone: 1-613-562-4916 (Ottawa)
Fax: 1- 613-706-1424 (Ottawa)
Deputy Leader
georges.laraque@greenparty.ca
President
mark.mackenzie@greenparty.ca
Vice President English
ard.van.leeuwen@greenparty.ca
SWEDEN
Miljöpartiet (Environmental Party)
Ledamöter International Issues
Ceballos, Bodil (MP)
Telefon: (011) 46-8-7866737
E-post: bodil.ceballos@riksdagen.se
Ledamöter Working Environment (responsible for discrimination issues)
Kaplan, Mehmet (MP)
Telefon: (011) 46- 8-7864479
E-post: mehmet.kaplan@riksdagen.se
Ledamöter Finance
Bolund, Per (MP)
Telefon: (011) 46 08-7864346
per.bolund@riksdagen.se
(above letter sent). Anybody know the Green Party woman from the forum? wanna call her and ask her to hookup with Sweden?
@ Swedish Citizen
Do you mean the Toronto forum? There was a representative from the Green Party there. His name is Erich Jacoby-Hawkins (aka Erich the Green 🙂 ) and he could probably be reached via the Green Party’s website.
sent
I wasn’t expecting any more responses to my MP e-mail blitz but today another rather good one arrived which I thought I’d share. I sent Mr. Davies a thank you and encouragement to continue the resistance to FATCA and a FATCA IGA.
Thank you for sharing your concerns regarding the U.S. Foreign Account Tax Compliance Act (FATCA).
The Harper government is currently participating in closed doors negations with the US over an Intergovernmental Agreement (IGA) for the implementation of FATCA in Canada. Such an agreement would likely require Canada to enact laws and regulations that would require Canadian financial institutions to comply with FATCA. New Democrats have serious concerns about the lack of transparency and consultation during the negotiation process and the potential infringements on the rights of Canadians.
If implemented, the IGA would likely require Canadian banks, investment funds and other financial institutions to disclose annually to the U.S. Internal Revenue Service (IRS) accounts held by American citizens, including dual citizens in Canada. Failure to disclose account information could result in a withholding tax applied to U.S. income earned by the institution or by account holder. The goal of this policy is to aggressively target American citizens who are improperly shielding assets in offshore accounts.
Essentially, FATCA would allow the United States to bypass the exchange of information between the IRS and the Canada Revenue Agency and instead get information directly from Canadian financial institutions. There are widespread concerns that this exchange of information could potentially violate existing Canadian privacy laws.
New Democrats have repeatedly raised concerns over FATCA with the Conservative Government and asserted that the government has a responsibility to protect innocent Canadian citizens from the improper and unreasonable intrusions of a foreign government.
New Democrats have long advocated for the Conservatives to deal seriously with tax havens. We believe the Canadian Government has a responsibility to protect Canada’s tax base, and while we understand the United States’ desire to protect their own tax base, this cannot come at the cost of the rights of individuals –Canadian citizens – residing in our own country. We are demanding answers and transparency from the Conservatives on FATCA, and will not support an agreement that violates the privacy rights of individuals.
My New Democrat colleagues and I will continue to stand up for fair taxation and for privacy rights.
Please do not hesitate to contact me with any further questions or concerns.
Sincerely,
Don Davies, MP
Member of Parliament Vancouver Kingsway | Député Vancouver Kingsway
Critic for International Trade | Porte-parole, Commerce International
New Democratic Party | Nouveau Parti Démocratique
Harper Government Takes Important Step to Modernize the Tax System
http://www.fin.gc.ca/n13/13-031-eng.asp
“This legislation represents another significant step in our Government’s goal of creating a fairer and more modern tax structure, which encourages cross-border trade and investment and helps fight international tax evasion,” said Minister Flaherty. “By keeping our tax system up-to-date and competitive, Canada will remain a leading player in the global economy.”
The agreements include provisions for the exchange of tax information in accordance with the standard developed by the Organisation for Economic Co-operation and Development, in order to enable Canadian tax authorities to obtain information relevant to the enforcement and administration of Canadian taxation laws.
Today’s legislation is part of Canada’s ongoing effort to update and modernize its network of “This legislation represents another significant step in our Government’s goal of creating a fairer and more modern tax structure, which encourages cross-border trade and investment and helps fight international tax evasion,” said Minister Flaherty. “By keeping our tax system up-to-date and competitive, Canada will remain a leading player in the global economy.”
The agreements include provisions for the exchange of tax information in accordance with the standard developed by the Organisation for Economic Co-operation and Development, in order to enable Canadian tax authorities to obtain information relevant to the enforcement and administration of Canadian taxation laws.
Today’s legislation is part of Canada’s ongoing effort to update and modernize its network of income tax treaties, which help prevent double taxation and tax evasion. Canada has comprehensive tax treaties in place with 90 countries—one of the largest networks of bilateral tax treaties in the world.income tax treaties, which help prevent double taxation and tax evasion. Canada has comprehensive tax treaties in place with 90 countries—one of the largest networks of bilateral tax treaties in the world.”
@Em,
I didn’t get a warm, fuzzy feeling reading the response you received from Mr. Davies. It almost sounded like he thinks an IGA is inevitable, like it or not.
@ WhiteKat
You are right, it’s not warm and fuzzy but believe me it’s about as good as you get from any MP. Elizabeth May (Green) is the exception in that she’s exceptional in her understanding of FATCA and her resistance to it. Although I’m still waiting to see her present the petition in parliament but maybe there’s a limit involved there. Hopefully it will come up soon.
@ All — Let me know if you are tired of reading these responses from MPs. This one is from Justin Trudeau so perhaps name recognition will make it somewhat interesting. I sent a reply to Mr. Trudeau in which I said I did not think “substantial safeguards” were possible and that FATCA is a slippery slope where the Canadian government might well say since 3% of our population is subject to this type of financial scrutiny then, in the interest of “fairness” and to avoid charges of discrimination, let’s do the same to the other 97% too.
Thank you very much for your email dated February 17th, 2013 regarding the Liberal Party`s stance on the Foreign Account Tax Compliance Act and the impact it has on Canadians.
While the prevention of tax evasion is an important objective, it is important that the government also stands up for those Canadians who are being unjustly caught up in complex, American tax rules.
It is important that the IRS communicate clearly with Canadians affected by FATCA to help avoid the heavy penalties that come with failure to comply with the act. As the legislation is written by America for Americans, it is important that we ensure that our own legislation is not being hindered by these agreements. With regards to the taxation of deferred saving vehicles such as RESPs and RRSPs, as well as the taxation of Tax Free Savings Accounts, we must ensure that Canadians, who are using such programs legitimately, are protected accordingly. Canadians should not be punished for acting responsibly by saving for education and retirement.
Furthermore, it is important that any sharing of personal information between Canadian banks and the IRS only take place with substantial safeguards and oversight to protect Canadians` interests.
The Liberal Party of Canada has raised this issue in Question Period and will continue to press the Conservative government to protect Canadians.
Sincerely,
Justin P.J. Trudeau
@Em,
I Know how you feel. It is so frustrating. I got a response from an MP today advising me to go see H & R block.
I got a response similar to yours from my own MP. He got a suitable reply to that suggestion from me. We don’t need H&R Block. We need a government with the guts to stand up the the USA! (PS your gravatar says you are WhiteKat, right? Are you changing your pseudonym?)
Precisely why I am not going to vote for the Liberals; ….”It is important that the IRS communicate clearly with Canadians affected by FATCA to help avoid the heavy penalties that come with failure to comply with the act….”
WE ARE VERY CLEAR about what FATCA means, and compliance is an unjust and unaffordable road full of peril. WE DON’T need some green rookie telling us what we face and how to comply. WE need the Liberals to show some guts and stand up for Canadian citizens and permanent residents on Canadian soil – not to explain what the IRS wants of us.
………”Furthermore, it is important that any sharing of personal information between Canadian banks and the IRS only take place with substantial safeguards and oversight to protect Canadians` interests. ”
Right. FATCA may be unconstitutional, but he thinks that safeguards and ‘oversight’ is possible, and that it will make things okay?
Has he ever heard of the last in time rule? Or the savings clause?
Does he have any idea what is involved here?
He hasn’t got a clue. Either that, or he doesn’t want to oppose or offend the US. OR both.
@Em,
Yes I am WhiteKat! I have no idea how I typed WhiteWater…lol, other than I am using my daughter’s Ipad which is kind of awkward.
As for MPs suggesting H&R Block as a solution to FATCA, I think it is a reflection of the general ignorance and lack of knowledge of the issues amongst everyone including politicians.
My god, refer us to H&R Block. I hope all MPs are not that ignorant or care not of our plight with FATCA.
Thanks for all your good work, Em!!
@badger,
Trudeau’s comment is disappointing to say the least. You are not the only one who won’t be voting Liberal.
@Calgary411,
I almost pulled my hair out when I got the H&R Block referral, and to hear that EM got the same response makes me wonder if it we have the same MP. They can’t all be that ignorant can they?
And further to my comment re Trudeau’s response:
Better ‘communication’ from the IRS to us is not the problem. Extraterritorial citizenship-based US taxation is the problem. Classing all my local accounts to be ‘foreign’ and those I hold with non-US persons tainted by the US indentured serf shackle I bring with me into my Canadian household is the problem. FBARs and the BSA as applied to our legal post-tax local accounts is the problem. US arrogance is the problem. FATCA is the problem. The IRS declaring all our local savings and investment to be US taxable and subject to draconian penalties and labyrinthine reporting is the problem. The US taxing the sale of our Canadian principal residence is the problem….
Better ‘communications’ to us by the IRS – making even clearer their unjust arrogant extraterritorial demands is bs.
I am so tired of the bs political tactic of blaming inadequate ‘communication’ whenever there is a substantive issue and dissent that they don’t want to acknowledge or address.
I’m very clear on my dissatisfaction, opposition, anger, dissent, and resistance to US IRS and Treasury indentured servitude. They have been very clear that they don’t give a s—. Communicating it to me differently or more ‘clearly’ won’t make a rat’s a– bit of difference.
Whoa it’s Badger but please don’t whoa — ever! My reply is already off to Mr. Trudeau but how I wish he and all MPs could get an ear full of that!
@Swedish Citizen
You can reach Erich Jacoby Hawkins via email (am typing out part so spam can’t pick it up)
erich at barriegreens dot ca
@badger
Hear, Hear!
Justin Trudeau: What could be a clearer way for the USG to communicate with those it considers its citizens than to inflict FATCA upon the world? The gravity of the situation is incomprehensible to most, including young Trudeau. Fuddleduddle.
@bubblebustin,
USCitizenAbroad discussed why counseling would, generally, not be an effective way for any of us to deal with our anger over US extra-territorial control of the lives we have made in other countries. http://isaacbrocksociety.ca/2013/03/06/us-citizenship-is-a-problem-to-be-solved-but-how-to-do-it-in-this-case/comment-page-3/#comment-217351 How could the counsellor understand the gravity of the problems we have in this regard?
It appears such comprehension is also lacking with most of our government representatives. Could a reason for this be the obvious gagging of the media on FATCA in Canada? Justin Trudeau misses the mark as certainly does the MP of WhiteKat, effectively minimizing the problem by referring WhiteKat to H&R Block.
@To all, their patronizing comments demonstrate that they either don’t comprehend the enormity of the issue or even care. I recently was reading a periodical magazine issued by the U.S. Embassy in London and was gobsmacked when I read how, in a matter-of-fact article about U.S. taxation how most foreign pension plans would require the foreign grantor trust forms 3520/3520A, plus also mention PFICs requiring 8621, plus 8938 for FATCA.
What they don’t tell you is how bloody expensive it is to file all these obscure forms. If one had to file all three forms, especially multiples of the 3520 could easily push an annual accounting bill north of $5000. We’re not all millionaires over here!!!! I am so utterly disgusted.