Blaze has written a FATCA Christmas letter and Wish List to Canada’s Finance Minister Jim Flaherty, who is actively “negotiating” an IGA with the U.S. This was originally posted on Maple Sandbox http://maplesandbox.ca/2013/fatca-christmas-letter-to-jim-flaherty/#comments and is now posted here on Brock:
Dear Minister Flaherty:
You and your Conservative colleagues have again confirmed Santa’s Canadian citizenship. But, do you know the United States is also claiming Santa as theirs?!? They insist he lives in Alaska—despite his red and white suit and his HOH OHO postal code in Canada’s North Pole.
This is typical of the Americans. They are determined to turn as many people in the world as they can into “US persons.” So they snoop around like kids before Christmas, trying to find loot for U.S. Treasury and Internal Revenue Service.
Don’t let the Americans claim Santa. Don’t let them claim up to one million other Canadians and their families either.
We are as Canadian as Santa. Perhaps even more so because many of us swore an Oath of Allegiance to Canada.
So, I’m sending you this holiday letter to tell you what is on our Christmas wish list (see attached).
We hope you will give us a joyous Christmas by granting our holiday wishes. If you do, we wish you and your colleagues a very Merry Christmas.
If you don’t, you will subject us to a third Christmas with the IRS Grinch and FATCA Monster threatening to run away with our private financial information on our Canadian earned, saved, invested and taxed money. In that case, we can only wish you a lump of coal in your stocking.
We have been very, very good Canadians. Please don’t be naughty and give away our rights to a foreign government.
Lynne Swanson Maple Sandbox (e-mail address was provided)
HERE IS THE WISH LIST THAT WAS ATTACHED:
1. Protection from the IRS Grinch who is threatening our honest lives in Canada with his partner the FATCA Monster.
2. An assurance from you that all Canadian citizens have the same rights regardless of where they were born.
3. A statement from you that Canadian banks must follow Canadian laws.
4. A promise from you that Canadian banking, privacy and human rights laws will not be changed for a foreign government.
5. Respect from you and the Conservative government for Canada’s Charter of Rights and Freedoms.
6. A reply to the Open Letter that Maple Sandbox and Isaac Brock Society sent to you exactly one month before Christmas asking a simple question: Do all Canadians have the same rights under Canada’s Charter of Rights and Freedoms.
7. A reply to Order Paper Questions from Liberal MPs Ted Hsu and Scott Brison.
8. Assertion of Canadian sovereignty over Canadian laws and Santa’s home in the Arctic.
9. An announcement that Canada says “NO” to a FATCA IGA that compromises our rights.
10. A Happy 2014 free of demands from a foreign government.
http://maplesandbox.ca/wp-content/uploads/2013/12/FATCA-Christmas-Letter-and-Wish-List.pdf
And all I did was mail Mr. Flaherty a homemade Christmas card (no, not the FATCA monster) which is probably being detained in the mail chemical analysis department and might not get to him until after Christmas. Anyway, I’m delighted that Blaze sent off such a terrific message … except shouldn’t that date be 2014, not 2104, on wish #10? How did we get so lucky to have someone with her talent on our side? There were some good follow-up comments at Maple Sandbox too. Great stuff!
@Em thanks for the heads up on the date – fixed now!…I will have to let Lynne know about that for her post on MapleSandbox.
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Hello Brockers! I thought that this would be of interest to everyone. I saw on the news this evening that Alberta is now going to allow their snowbirds to stay an extended amount of time in the US and still retain their health coverage in Canada.
Obviously this is a reason for the snowbirds to rejoice, right? Of course we know better.
I have posted a comment on there regarding the effects of FATCA on snowbirds and a warning to them to use caution when contemplating staying down there longer (still awaiting moderation) and I urge all of you to do the same. Here is the link: http://globalnews.ca/news/1035664/alberta-health-care-coverage-extended-for-snowbirds/
Thanks, Gwen. I’ve put up a comment as well, in moderation. It this the start of something more?
From: calgary411
Sent: Tuesday, December 17, 2013 6:22 PM
To: strathcona.sherwoodpark@assembly.ab.ca
Cc: Premier Alison Redford ; Minister Dr. David Swann ; Roy Berg
Subject: Calgary Herald: “Alberta snowbirds get extra month of health coverage away from home”
Honourable Alberta Minister Dave Quest,
It was very disappointing that, with your announcement today of an additional month of Alberta Health coverage away from this province for Alberta snowbirds, you did not place the very important WARNING STICKER about FATCA and how not to be determined a ‘US Person’ for tax purposes. I find this very troubling indeed.
I just put the following comment onto a Canadian site that discusses ‘US Person’ issues. The Canadian federal government is said to be winding down negotiations with the US IRS which may waive Canadian Charter of Rights and Freedoms rights for US Persons in Canada, making them second-class Canadians and subject to very expensive US tax and reporting compliance with the US, usually with very little or no actual taxes owed to the US. http://isaacbrocksociety.ca/2013/11/22/kiwiv-and-royberg1-explains-how-cdn-snowbirds-can-be-subject-to-cdn-departure-tax-and-irs-taxes-fbar-and-fatca/comment-page-1/#comment-824329.
Here is one link you might look at for ‘who may be considered a US Person’: http://www.rbc.com/aboutus/fatca.html
Who or what is a U.S. person for U.S. tax purposes?
– A citizen of the U.S., including an individual born in the U.S. but resident in another country, who has not renounced U.S. citizenship;
– A lawful resident of the U.S., including a U.S. green card holder;
– A person residing in the U.S.
– Certain persons who spend a significant number of days in the U.S. each year. (For example, some Canadian “snowbirds” may be considered U.S. persons. However, the Canada-U.S. tax treaty allows them to claim benefits to be treated as Canadian rather than U.S. taxpayers. Similar relief is provided under many other treaties with the U.S.)
– U.S. corporations, U.S. estates and U.S. trusts.
It would be prudent if ALL Albertans immediately receive full disclosure on this subject and they can count on the Alberta Government being up to speed with US FATCA law coming into Canada and our Canadian financial institutions starting a search in their client base for US Persons.
ALL ‘Canadian snowbirds’ need to know the full story and prepare themselves accordingly so as not to fall into a US trap for taxation. I suggest you start your education on this subject here: http://www.moodysgartner.com/canadian-snowbirds-beware-2014-border-crossing-rules-increase-stakes-for-day-count/ .
Respectfully submitted,
“calgary411”
Calgary, AB
cc: Premier of Alberta Alison Redford (by internet contact form)
Honourable Dr. David Swann, Calgary Mountainview
Roy A Berg JD, LLM, Moodys Gartner Tax Law, Calgary
@calgary411 Awesome! I also emailed everyone at the Canadian Snowbird Association who looked like they held a position of importance. http://www.snowbirds.org/news-releases
I commented on the CBC post as well. Here is the link:
http://www.cbc.ca/news/canada/calgary/albertans-get-extra-travel-month-before-health-care-expires-1.2467544
Some of you might remember that the US has been claiming that Santa is a US citizen for quite some time: http://isaacbrocksociety.ca/2011/12/24/breaking-news-santa-claus-arrested/
See also Dan Mitchell’s blog, as he picked up this story even though the mainstream media buried it.
Santa however suffered severe neglect in Federal Custody.
http://isaacbrocksociety.ca/2012/05/12/nicolas-santa-still-in-federal-custody/
Our folks have been in contact with the fat Myran, and we will be coming out with a news release soon.
By the way, we should be praying for Minister Flaherty. He’s not well as his most recent pictures in the media have shown. See http://www.calgaryherald.com/news/national/Concerns+rise+over+Flaherty+health/9298190/story.html
Those so minded should keep him in your prayers. Nearly a year ago he announced that he had bullousa pemphigoid, and that he was taking prednisone (some nasty shit that ruins health but that doctors prescribe as a last resort for autoimmune problems).
I know eliminating FATCA is the gold standard, however, Flaherty should tell the Yanks that resident Canadian citizens will be ‘carved out’ regardless of their place of birth or if they hold a green card. The real danger in this approach is the Yank establish the principle of FATCA and can later negotiate a tightening of the policy later. On the other hand the clock may be ticking against the US because if they lose reserve currency status enforcing FATCA will become more difficult if less transactions are done using the US dollar in future.
Great letter, Lynne!
@ All
RE: http://globalnews.ca/news/1035664/alberta-health-care-coverage-extended-for-snowbirds/
There may not be any need to flood this article with our comments (they would all be pretty much the same warning to Snowbirds anyway). Just keep the NO TO FATCA comment at the top of the “best list” by up arrowing it (and any others like it that might pop up later). I can’t comment there because I don’t have the right “profile” but I did add an up arrow. Global News doesn’t look like one which gets tons of comments so this should be a easy thing to accomplish. BTW, @Gwen — thanks for the heads up on this one. @calgary411 — looks like your comment still isn’t out of moderation. Great letter to the Alberta politicians and to Roy Berg (hope he writes to them too).
@Em My comment never actually made it out of moderation so I had to repost it this morning. It was then posted immediately. I changed the websites to say “dot ca” and “dot com” just in case that was why it was never allowed on. Your idea of arrowing it up is a good one! I never thought of that!
@calgary411 you might want to repost her comment, as it is probably lost in the ether like mine was.
We should send this quote from the fallout of the failed Swiss economy at the heels of Facta….. US tax law is, meanwhile, creating headaches in the run-up to the implementation of FATCA, observers say.
Fearing the workload of ensuring compliance and especially the consequences if they slip up, “banks have been actively eliminating American clients,” Jackie Bugnion, a Geneva-based tax expert working for the American Citizens Abroad lobby group, told AFP earlier this year.
“It is no secret that many Swiss and other non-US foreign banks are already not seeking nor accepting US clients,” agreed lawyer Samuel Lohman, who specialises in international law.
Since FATCA applies to all American citizens, regardless of their incomes or fortunes, this can have a devastating impact on a wide range of Americans, blocking access to mortgages and investments.
So much so that a growing number of dual citizens have been giving up their US passports.
For the banks, Americans have become “toxic”, Hornung said. Mr. Flaherty, will this be me and my family soon????
http://www.japantimes.co.jp/news/2013/09/10/business/swiss-tax-fraud-deal-with-u-s-comes-with-risk/
I think this might be the source of NativeCanadian’s quotes. Mr. Flaherty, is this the lump of coal you would wish upon Canada? HO HO NO to FATCA please!
Here is a quote from http://www.taxchat.com.au/?p=1128 re; Mr. Flaherty from Marvin Van Horn I hope Wayne Swan can take some lessons from Canada’s Flaherty who isn’t just rolling over to the ridiculous and extra-territorial demands of the Yanks!
Un-FATCA-nbelievable!! This is a letter from a bank in Belize to their US customers:
http://www.heritageibt.com/domestic/wp-content/uploads/2013/12/FATCA-Letter-domestic-signed.pdf
Being forced to have your honest and law abiding life torn apart. Definately, an act of war……
After reading that letter Gwen, it is pure deception from the start. Imagine if we could “amend” any contract we sign with anyone? This is how the bank is deceiving it’s customers. If a law came out to take all of your money and leave you poor, they CAN simply amend any terms or conditions to do it. I guess nobody is safe anymore from anyone.
Today I got a reply to the Christmas card (letter enclosed, mailed Dec. 6th) which I sent to Mr. Flaherty. It’s pretty much the same as the e-mail attachments his office always sends but it was nice to get something in the mail. Now I know my Christmas greetings reached his office before Christmas. I really do hope Mr. Flaherty regains his health soon. That’s the only Christmas card I sent this year because I can’t do fake joyful. We had a close relative pass away one Christmas Eve many years ago and I couldn’t do fake joyful that year either.
The US applies Citizenship taxation on it citizens. How can they apply there laws to anyone resident or visiting in another country. US laws do not apply in other countries.
One example is in country A the drinking age is 21 and in country B it is 18. If you are from country A and drink in country B at 18 it is not illegal or am I missing something.
@bb
And yet, here they are, insisting that their laws DO apply to people they deem to be “US Persons” no matter what country they may reside in and for however long they have done so. Yes, it’s nuts, but they think they have the right to do it and they are forcing other countries to comply, using financial bullying (30% withholding tax on any monies coming from or going to or through the US).
Poke around this site, read and listen to the videos. It will be a shock, but you will become well informed of what is at stake here with FATCA.
@everyone
Can you legally apply a law based on citizenship on a person who resides in another country? Has this ever been tested in court.
US law is not international law
@BB In three separate cases, Canadian courts rejected attempts by IRS to collect taxes in Canada. To the best of my knowledge, there has not been a case where Canadian courts have allowed IRS to tax Canadian citizens in Canada.
I don’t know if there have ever been decisions by international courts on citizenship.
@bb
“Treaties have a ‘saving clause’ that allows the US to tax citizens (and former citizens) as if the treaty had not come into effect, and the exit tax is ‘deemed’ to occur on the day before expatriation, that is, while still a US citizen.”
http://isaacbrocksociety.ca/2013/11/12/relinquishment-has-same-tax-consequences-as-renunciation-for-new-ex-u-s-citizen-tina-turner-contra-washington-post/comment-page-2/#comment-837869