Posted on September 3, 2014 by Deckard1138 Posted in Issues regarding US persons abroad 40 Comments An excellent new interview with John Richardson by Dave Taylor. Recorded September 3, 2014 on CHQR News Talk 770. Both John and Dave cover the basics of FATCA, the Canadian IGA, the legal challenge, the role of ADCS and much more. Share this:TwitterFacebookEmailLike this:Like Loading...
@Eric – Also the UK US Extradition treaty is the source of controversy because many people believe it to be lopsided in favour of the US. The UK has turned down a couple of extradition requests lately.
@Don: Yes, in general there’s dual criminality requirement in general, but every treaty has various exceptions (e.g. that clause I quoted), and the US will certainly argue, “non-payment of taxes is criminal in both countries, it’s just that our two countries have this minor difference in the territorial scope of our tax laws which causes an obscure technical problem with the dual criminality argument, so please use your discretion as provided for in that treaty clause.”
I would hope that UK’s PM would have the guts to use his discretion to turn down a US request to extradite in a situation like that. But then it’s a political question rather than a legal question, to be decided solely by Cameron or whoever comes after him. (Imagine if Boris Johnson the American becomes PM and then has to decide whether or not to exercise his “discretion” in a case like this?)
Where did all this discussion about extradition come from?
At any rate- american jails are just overflowing and they dont have an room for more.
Yes! And it is a lot of info to cover. This interview was really excellent.
@Eric – Unless Boris renounced and satisfied the exit tax requirements, but a convenient relinquishment would probably be made avoiding him being put on the spot for hypocrisy.
It gets very complicated. How about you sell your house in the UK (no cap gains) but creates a taxable event in the US? Is that a crime? Is not filing a US tax return while resident in the UK at crime?
If they start hauling people over to the US because the sentence for one of those events is at least 1 year it’s going to turn crazy.
It would be problematic to extradite someone who owes less than a very substantial amount of taxes – say less than $100,000? Where do you draw the line?
These are uncharted waters and would have to be tested in the courts.
This is one of the best and most informative interviews I’ve heard yet! Kudos Mr. Taylor and Mr. Richardson for bringing this information to the Canadian public. My question is, Why in the hell is there no such interviews in Ontario? The people at AM980 in London Ontario appear to be “afraid” to bring this to the public….
Interestingly article – FATCA has made the US the new Hotel California.
You can check out, but you can never leave.
It’s nice to see the author is on the younger side so the FATCA outrage is starting to penetrate down the ladder.
Does this ever summarize it all so well: When it comes to FATCA, there are four kinds of *Americans Abroad*!!!!!
See post http://isaacbrocksociety.ca/2014/09/05/shall-i-stay-or-shall-i-go-well-first-there-are-four-kinds-of-americans-abroad/
Forwarded this to my NDP MP (who has openly expressed admiration of Obama in direct opposition to his party’s official stance) and to my NDP MLA for Cedar Hills. Hopefully they will see this and see how this has become a major problem.
A copy of this should go to Mayor Lois Jackson of Delta who invited the US Marine Corps band to perform in September 4-9th in 2010. I believe I will be sending this to any politician who endorses any sort of dealing with the United States.
Tweets to Delta Mayor and to Jasbir Sandhu & Sue Hammell
@MayorLJackson http://youtu.be/qL9TDzMyiXM – 1M+ duals and their spouses are affected by this. How many affected by #FATCA in Delta? Do you know?
@MayorLJackson “how happy she was for Delta to be hosting the band.” 2010 – 1M+ Cdn citizens taxed by USA #FATCA disappointed to hear it
@jasbirsandhu @suehammell @CPC_HQ of Canada says it’s their right to enact the U.S. FATCA law on Canadian soil. #CDNSovereignty at stake.
youtu.be/qL9TDzMyiXM @jasbirsandhu, @suehammell 1M+ duals and their citizens are affected by this. What are you doing to bring notice?
@jasbirsandhu @suehammell @IsaacBrockSoc Many of these people may be living in your constituency. #FATCA http://www.adcs-adsc.ca
Got this reply from Mr. Sandhu…
Jasbir Sandhu, MP @jasbirsandhu 1m
@pro_photog1970 I will keep raising this issue in Ottawa.#fatca
How cozy and inclusive to have the US Marine Corps band performing in Delta, B.C. What will the U.S. Marines do to reciprocate?
~tongue in cheek~ Hmmm. maybe promise not to invade us if it comes down to a repeat of the War of 1812. Somehow I doubt it. Canada seems to be making all the concessions and the US seems to be doing all the taking. As far as I’m concerned, the US military should stay out of Canadian soil or waters.
The Pentagon had better be glad I’m not Prime Minister or I’d be slamming the borders and ports SHUT.
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The U.S. is the New Roman Empire. All roads (of taxation) lead to Rome. The IRS enforcers are the New Centurians. We are decaying from within just as Rome did. They spread too thin around the known world and everyone was paid by the government as well as owing them taxes. Everyone took the money and avoided taxes if they could so the government collapsed. Can anyone else see the parallel?