Today, I received a letter from my Member of Parliament (Deputy Finance Critic), Phil McColeman.
I’ve been hounding Mr. McColeman on Twitter (I’m relentless at times) for months about FATCA and it seems he simply doesn’t feel the need/urge to reply there.
So I went old school and sent a letter.
I’ve told him about the accidental Americans I meet at random in his riding…the look of anguish when I make the decision to force feed the the red pill known as FATCA. I’ve also told him about the impacts of FATCA on non-Americans (spouses, children, etc.)
Oddly, he didn’t mention them in his letter.
I’ll be writing him back and adding the PDF from a few weeks about about potential costs of FATCA to the Canadian economy and some new stories of accidental Americans he “represents” in Ottawa.
Anyway, here’s the letter if you’re having trouble falling asleep:
Basically, just shut up and drink the koolaid!
I was thinking more of an “Eat the cake, Anna Mae” scenario.
I keep saying it. I don’t know how these people live with themselves.
These people need to be hung as traitors.
He is either ignorant, ill informed or complicit in this scam. I have a similar letter from my MP and the Minister of Immigration John McCallum.
We send our troops to Iraq, Afganistan and Europe to fight injustices by foreign governments on their own people and yet look the other way on FATCA.
As my MP’s assistant told me. Our government would rather throw ‘a few innocents’ under the bus than ruffle the USA’s feathers.
I got a similar letter from my MP, Dianne Watts (South Surrey-White Rock, BC), as well. Her ignorance and complicity is somewhat understandable as she is a Conservative. The fact that we are getting these letters from the Liberals is not a good sign. I think the rest of the world lives in fear of the Good Old USA as they used to live in fear of the Roman Empire; until the great fall.
Here is my email. Did he even read my letter to the Liberal government, did he do due diligence
on my case before sending out this standard reply? I think we know the answer.
By the way I cannot reply to this government email. Everything is filtered through my MP’s
assistant.
The office of Terry Beech, M.P., has kindly forwarded to the office of the Honourable John McCallum, Minister of Immigration, Refugees and Citizenship, a copy of your correspondence concerning the United States legislation, the Foreign Account Tax Compliance Act (FATCA), as well as the related Canada-U.S. Intergovernmental Agreement (IGA).
Your concerns have been noted and we understand the circumstances which prompted you to write. I would first like to explain that all sovereign states have the right to determine legislation and requirements for the administration of public policy for their national territory. This includes areas of tax compliance. Therefore, officials of the Government of Canada cannot intervene in an issue or dispute between a private citizen and officials of a foreign government body. As the FATCA is a legislative requirement of the Government of the U.S., you may wish to direct your concerns to U.S. Government officials.
With regard to the IGA between Canada and the U.S., this agreement does not fall under the mandate of Immigration, Refugees and Citizenship Canada. Therefore, you may wish to direct your concerns to the Canada Revenue Agency (CRA). Contact information can be found at: http://www.cra-arc.gc.ca/cntct/menu-eng.html.
Detailed information on the FATCA, the IGA and its impact on Canadian residents can be found on the CRA Website at: http://www.cra-arc.gc.ca/tx/nnrsdnts/nhncdrprtng/menu-eng.html.
I trust that this information is of assistance.
D. Kit
Ministerial Enquiries Division
Then to suggest I contact the CRA about my case. The same CRA that sent information on
155,000 Canadian Citizens to the IRS. The same CRA that wined and dined with the KPMG
accountants that advise rich people on how to avoid Canadian taxes. Disgusting.
Disgusting and insulting…
>>I would first like to explain that all sovereign states have the right to determine legislation and requirements for the administration of public policy for their national territory. This includes areas of tax compliance. Therefore, officials of the Government of Canada cannot intervene in an issue or dispute between a private citizen and officials of a foreign government body. As the FATCA is a legislative requirement of the Government of the U.S., you may wish to direct your concerns to U.S. Government officials.<<
WTF??? That's NOT even the issue! The issue is what the Canadian government is doing which is fully under the control of the Canadian government! The US situation is a major problem of abuse, but it's the Canadian government that is being an active participant in enabling the abuse on it's own citizens.
Again, just like with Morneau's derogatory response where he labels us as "US Persons", this guy also has the nerve to casually toss aside all of your concerns and suggest that you speak directly with your abusers! This behaviour is beyond disgusting! We must not let them get away with it. According to the Canadian Charter, where you were born or what your previous nationality was, is none of anyone's business and cannot be used against you in a discriminatory way. This guy is a racist prick!
Calling someone a racist prick may make you feel better but adds nothing to our fight. If you hope in any way shape or form to influence a government minister, you have to be somewhat polite. Otherwise you will be justifiably ignored.
“Phil currently serves in Parliament at the Deputy Finance Critic for the Official Opposition Conservative Party. In the previous session of Parliament, Phil was elected to serve as Chair of the Standing Committee on Human Resources, Skills and Social Development and Status of Persons with Disabilities (HUMA). He has also served as Chair of the Conservative Housing and Construction Caucus, and Vice Chair of the Conservative Post-Secondary Education Caucus.”……
As previously a “Chair of the Standing Committee on Human Resources, Skills and Social Development and Status of Persons with Disabilities (HUMA).”, where did (and does) CON Phil stand on the US extraterritorial taxation of Canadian disability benefits and RDSPs? And ignores that minors and those deemed legally incompetent cannot renounce and cannot then protect themselves against aggressive US depradations reaching into Canada from afar. And he is unapologetic about his part in enforcing that on the very Canadians he is sworn to serve and protect.
The Conservatives and Liberals continue to show that they have officially taken the decision to treat Canadian citizens with US national origin, parentage or other relationship abusively on sovereign autonomous Canadian soil – as if we are not and can never be the same as first class Canadians.
Since when did Parliament determine that Canadians residing in Canada become officially part of US “national territory”?
Those MPs would never be claiming officially in writing that Canadians of any other origin were in their opinion subject and subordinate to the whims and laws of another foreign government. Only those claimed by the US. They would not for instance be telling Syrian Canadians residing in Canada to go contact Syrian officials for recourse from Syrian law.
I still regard this as a moral issue that has many striking parallels with the rise and fall of South Africa’s Apartheid system, which formally emerged in 1948, after many years of precursor laws and policies. Ultimately, it was a combination of moral suasion and economic sanctions by the United Nations, church groups, grassroots organizations and a large coalition of western nations which led to the downfall of the Apartheid era.
It is insulting for members of Parliament to lecture us with pointless non-sequiturs, such as stating that the US collects taxes based on citizenship, rather than residency, and how this has been a U.S. law since 1913 – as if time alone somehow justifies unjust law. Clearly they are completely missing the fundamental moral dimensions of the problem. America’s CBT and FATCA are every bit as morally wrong as Apartheid once was and are no less deserving of international condemnation and sanctions. These policies are even more reprehensible precisely because it is the United States which promulgates them, all the while so shamelessly trumpeting its supposed moral superiority over every other nation on earth.
@Deckard We don’t have to even look back to apartheid. We just have to look at the recent difference in treatment between protection of Canadians who have Eritrtean citizenship and those who were born in the U.S.
Here are some differences. Eritrea has one simple form. Report your income. Pay 2%. Done. Eritrea also claims it is “voluntary.”
Eritrea does not impose citizenship on everyone born in Eritrea. Eritrea does not allow dual citizenship. A person loses Eritrean citizenship when they become citizens of other countries or serve the interest of other countries,
Eritrea does not demand information on bank accounts.
The Canadian government expelled the Ambassador from Eritrea for allegedly trying to collect taxes. I have met about five people from Eritrea. Not one of them has ever been harassed, threatened or even contacted by Eritrea since moving to Canada.
We have heard it all before. May I suggest assuming that they will come back with such and go on the offensive in the initial letter.
I’ll try to articulate here. If anyone may say it better, then it needs to be written here.
“Canada cannot intervene in an issue or dispute between a private citizen and officials of a foreign government body.”
This is especially true in the case of US citizens living in the US, where Canadian intervention would represent ‘intervention into the internal affairs and domestic policies’ of the United States.
However, in the case of Canadian Citizens and Permanent Residents resident in Canada, the Canadian Government may rightfully intervene and dispute where the US extraterritorial law represents intervention into the internal affairs of Canada. Specific examples include but are not limited to substantially disadvantaging for Canadian residents Canadian disability accounts, Canadian education accounts, Canadian pensions, and even investing in Canadian mutual funds. Many of these Canadians have very tenuous ties to the US.
Additionally, through the Canadian-US Tax Treaty, covering all areas of tax between Canada and the US, Canada gives in completely, by not saying otherwise, to US intervention into the internal affairs of Canada represented by US extraterritorial tax and compliance laws. Many have been mislead by the tax treaty rhetoric about preventing double taxation while in reality it guarantees double taxation for Canadian residents also considered US Persons. This is wrong.
The FATCA IGA is another area where the Canadian Government completely gave in and did not stand up for Canadian Sovereignty – as if Canadian law making within Canada is subservient to US law. Some concessions touted were actually given to all countries of the world and is in denial of US tax on pension accounts when the money is taken out to reportable accounts. Some say the US forced the signing of the FATCA IGA by economic threat. There was nothing in it that Canada could not vocally and publically protest the intervention into Canadian affairs represented by the FATCA IGA. This is what Canada should now do.
These are steps the Canadian Government should pursue with the US in defense of Canadian Sovereignty:
On simplification, fairness, and respect for Canadian sovereignty grounds Canada requests agreement and tax treaty change with the US with EXEMPTION from US tax for Canadian residents: Canadian tax deferred accounts, personal home, estate, any additional US tax above Canadian tax rates even 0% Canadian rates and even for taxes Canada does not have, Obamacare NIIT Investment tax, and up to $5 million asset exemption and all asset appreciation while living in Canada for Canadian assets – and for Canadian resident US persons to be taxed with reporting requirement as “non-resident aliens” under US tax and compliance law.
Additionally to respect Canadian Sovereignty the FATCA IGA is to be amended to exclude Canadian resident US persons and only concern US resident person accounts; and is to be void and information exchange not required without reciprocal and identical information from the US resultant from US based financial institutions foreign to Canada querying their customer bases for similar information as required of Canadian financial institutions under the agreement.
It sounds like the Party Whip has given MPs a ‘canned’ response for FATCA – what a load of bollocks.
The politicians have left the next step to the courts no doubt.
These guys could take a fatal dose of red pills and still be walking and talking.
Well there we go folks. We’ve been waiting for responses to the many letters sent to our MPs. Seems they all got the talking point memos at the same time and letters are now flying out to those second class Canadians! How very similar are all these letters now. Cut and paste. Save the banks, sacrifice citizens who should be ever so grateful for the concessions. We are just Americans living in Canada, whether we were born here tainted or born and lived in the USA for any number of days or years. Little or no mention of reciprocity. Never will be as we all know.
Our only recourse: see you in court. I am beginning to believe that the current government is quite content, for political reasons to leave it to the courts. Then they can get off the hook and once again distance themselves from the previous government’s decision. They are too cowardly to implement the simple amendment that we all know is still feasible.
I swear if you presented the facts as they are to a grade 12 class or below anywhere in Canada and gave them the assignment to search for a solution they could come up with the obvious amendment. I have taught Mediation courses to lawyers and lay people and wouldn’t give them this assignment for fear everyone would get an ” A” while thinking it must be a trick question.
It’s that bloody simple. But no, spend tax payers’ money, to the tune of millions which is our own money and fight us to the bitter end.
Sorry, but I just have to say this now. Bastards, all of them.
The best part is the privilege you have given me to represent your interests in court. I am in your debt for all the work you have done with respect to this matter. Your letter writing campaigns, your tweets etc, brighten my days. Your personal stories of however this has impacted your life whether here in Canada or overseas are my daily motivation. Thank you for all that you do.
Perhaps the argument should be flipped – should a standard of equal taxation / tax reporting rights be established for resident Canadian citizens?
@CanadianGinny May we hear in your words “the obvious amendment?”
@Duke of Devonaq
>>Calling someone a racist prick may make you feel better but adds nothing to our fight. If you hope in any way shape or form to influence a government minister, you have to be somewhat polite. Otherwise you will be justifiably ignored.<<
Point taken, I'll try and refrain my anger from now on, however if you have not noticed, being polite is getting us absolutely no where, we're being ignored and are being dehumanized as "US Persons" by elected politicians, that's a rather dangerous state of affairs if you ask me. Unless there's some push back when you are dehumanized and insulted like that, you can be sure that you'll continue to be ignored and insulted at will.
There is only one thing that will resolve this. Collect a few hundred million dollars from all the Americans across the global and the lobby the he’ll out of Congress in Washington DC.
But this will never happen.
I had ongoing email conversations with Phil in 2013 which ended when it became apparent that the CONS had decided to support the banks, not the ‘US persons’ among us. Phil wrote in an email to me in 2013 that he had: “personally attended meetings with representatives from the IRS specifically on FATCA and FBAR rule”, and “Our Government continues to raise serious concerns directly with the US about FATCA. We strongly believe FATCA has far reaching extraterritorial implications and would raise significant privacy concerns for Canadians.”
He also wrote: “Our Government will continue to stand up for the interests of Canadians, many of whom were blindsided this past summer when they learned about FATCA. Moreover, I would note that although our Government has no jurisdiction about decisions made by the United States Government for American Citizens, our Government has stated clearly that CRA will not be collecting penalties imposed under FBAR filing requirements.
I hope that this information is helpful and assure you that these matters are taken very seriously by our Government. We will continue to proactively stand up for Canadians on this issue.”
@WhiteKat – If you are in his riding, we should connect. I’m starting a Facebook page for dual citizens in B-B.
Hi J. Would love to, but don’t live in Brantford. I was living in Ottawa when I engaged Mr. Coleman. At that time I was writing EVERYONE about FATCA, and as I had been a Brantford resident for 10 years before moving to Ottawa, I used that as my excuse for contacting Phil.
@WiteKat – Fair enough. Hope you don’t mind if I borrow some of what he said to you when I reply/respond….
Not at all.