Liberty and justice for all United States persons abroad

The Isaac Brock Society

Open Invitation to Linda “FATCA” McQuaig

Posted on by Posted in Issues regarding US persons abroad 30 Comments

Hi Linda.

In case you haven’t heard, your Leader, Tom Mulcair, has just issued a letter to a lot of us concerning the NDP’s position on FATCA, in tandem with a letter to Jim Flaherty by Murray Rankin, your party’s Revenue Critic. See link here https://isaacbrocksociety.ca/2013/10/04/ndp/

Hmm … how does this match your published statements on FATCA?

My colleagues and I at Isaac Brock Society and Maple Sandbox cordially invite you to dinner, with the set menu depicted in the following photograph.
crow supreme

Sorry it’s not exactly haute cousine; we couldn’t find a better recipe on short notice. I think this one suits you to a “T.”

You are welcome to bring your spiritual buddy, Diane “merger” Francis, along with you.

Enjoy the crow. Bon appétit!

Cheers.

Your Canadian neighbours at Isaac Brock Society and Maple Sandbox

I was born and educated in the US. After completing my post-graduate education, I entered Canada on a temporary work permit, moving to Canada because of the Vietnam war. Shortly after unpacking, I applied for landed immigrant status. A few months later I received in the mail an induction notice from the US Army; I drew a peace symbol on it in felt marker pen and mailed it back. As a result, I was indicted and a warrant was issued for my arrest (both were quashed in 1977 by the Carter amnesty). I became a Canadian citizen in 1975. In 1976, for the US Bicentennial I wrote a political letter to Henry Kissinger, then Secretary of State. In it I mentioned that I had "renounced" (I didn't then know of "relinquish") my US citizenship on becoming a Canadian, explaining in several pages my reasons for leaving the US. I also mentioned the fact that on my mother's side I am a descendant of a soldier who fought in Washington's army during the US rebellion, but now I was declaring my personal independence from the US and rejoining the British Commonwealth. Within six months, I received by mail a CLN recognizing my having expatriated myself from the US in 1975. I filed away my CLN and forgot I had it, until I found it after searching for it upon learning of FATCA and OVDI in August 2011. Since then, I proudly keep a photocopy of it with my passport (which is Canadian; I have never had a US passport in my life, nor will I ever). As a Canadian who long since ceased being an American and who has a CLN, I am not directly affected by FATCA or other US taxation outrages. However, my wife and several of her friends are affected, until their relinquishment CLNs (dating from 30-40 years ago) are issued. Also I have several close friends who were born in Canada of US parents and are considered by the US to be US citizens, though they have never lived in the US, worked there, earned income there, held property there, held US passports, or in any other way excercised USC and are horrified they might be considered US. I am active on this website and in writing my elected Canadian politicians about these issues, on their behalf. I am a retired former employee of the Government of Canada who faithfully and proudly served his adopted and adoptive country for many years. Updated September 2, 2012: earlier this week, my wife finally received her relinquishment CLN, State Department formal recognition that (in their exact words on the CLN) she "ceased to be a US citizen on" the date she became a Canadian more than 35 years ago. Mission Accomplished, to borrow words from my least-favourite contemporary/contemptible American. I will continue to monitor this website from time to time to see if I contribute useful information or opinions, but my wife and I are determined to regain our lives after the past twelve months of angst. Best wishes to all of you on this website in your odyssey toward freedom from the US.

30 thoughts on “Open Invitation to Linda “FATCA” McQuaig”

  1. This should be used to force the Liberals to take a position on FATCA in the upcoming by-elections. With “U.S. Person” Chrystia Freeland running in Toronto Danforth, this would be a good riding to start in.

  2. Bubblebustin and Calgary

    For whatever its worth my suspicion is McQuaig’s co-author Neil Brooks is the REAL pro FATCA-ite more than McQuaig herself. I know some of you did contact him and got back unsatisfactory responses.

  3. Re: Neil Brooks
    My first correspondence with Neil Brooks, which seemed like there was going to be some communication / then another short reply to an email in December / then nothing for other email. My latest was a cc in an email to Linda McQuaig as she announced her candidacy in Toronto. Again, no response from either.

    From: “calgary411”
    Sent: Tuesday, September 25, 2012 7:11 PM
    To: Neil Brooks/osgoode
    Cc: lmcquaig@sympatico.ca
    Subject: Re: FATCA, FBAR, US Citzenship-based Taxation and how it affects US Persons in Canada and around the world…

    Thank you very much. I can’t tell you how very much I and many others will appreciate you and, hopefully, Linda McQuaig taking a second look at FATCA. It is heartening to me that you will take the time to do so. I worry about so many who do not have a voice. This is a life-changer for so many very ordinary people, living very ordinary lives.
    Sincerely,
    “calgary411”

    From: Neil Brooks/osgoode
    Sent: Tuesday, September 25, 2012 7:00 PM
    To: “calgary411”
    Cc: lmcquaig@sympatico.ca
    Subject: Re: Fw: FATCA, FBAR, US Citzenship-based Taxation and how it affects US Persons in Canada and around the world…

    Hi Carol,
    Thanks you for your thoughtful and detailed note about the problems caused by FATCA.
    Linda and I have written that FATCA is a good model for attempting to tax the more than $21 trillion of assets being held in tax havens and secrecy jurisdictions around the world.
    I am afraid that over the next two weeks I am going to be completely consumed by prior engagements but after that I would be pleased to look over the materials you sent along and reconsider our position.
    You undoubtedly know that only this month the US has entered into its first FATCA intergovernmental agreement, with the UK. It does appear that most European countries are anxious to enter into such reciprocal agreements with the US and FATCA will be serving as a model for many countries. It seems inevitable. However, I have not heard anything about the Canadian government’s intentions.
    Neil

    Neil Brooks
    Osgoode Hall Law School
    4700 Keele Street
    Toronto, Ontario
    Canada
    M3J 1P3

    Fax (416) 736 5736
    Office (416) 736 5047

    From: “calgary411”
    To:
    Date: 09/25/2012 05:19 PM
    Subject: Fw: FATCA, FBAR, US Citzenship-based Taxation and how it affects US Persons in Canada and around the world…

    ——————————————————————————–

    Professor Brooks,

    I have emailed the following to Linda McQuaig. I wonder if you have a few moments to review and provide your comments on what I present — the dilemma of many of your fellow Canadians, who happen to be US Persons, in experiencing US Citizenship-based Taxation, Foreign Bank Account Reports (FBAR) and already, some, FATCA. Are we to be collateral damage and become second-class citizens, unable to fully participate in legal Canadian registered savings accounts, untaxed capital gains in the sale of our homes (often our savings to fund our retirements) and access to the US as any other Canadian? It is essentially theft from Canada (and other countries) by the US. Many US Persons around the world are already having bank accounts closed, mortgages not renewed, careers jettisoned because of their US affiliation– and FATCA. It is not healthy for us and it is not healthy for the economic well being of the entire US to make us pariahs. We, for the very, very most part, are not tax evaders, are not traitors to the US. Most tax evaders, indeed, will be found residing within the US! As well, FATCA will be a huge cost for Canada’s (and other countries’) banks, to be borne not only by US Persons Abroad – a cost in dollars and in Canada’s and other countries’ privacy laws and sovereignty.
    … ETC.

    Sincerely,
    (calgary411)
    Calgary, AB, Canada

  4. You undoubtedly know that only this month the US has entered into its first FATCA intergovernmental agreement, with the UK. It does appear that most European countries are anxious to enter into such reciprocal agreements with the US and FATCA will be serving as a model for many countries.

    Is the writer saying the the UK IGA is reciprocal? Well, if so, I’d love to have a hit of what he’s smoking.

    FATCA is not about “partner countries” entering into reciprocal arrangements with the US. FATCA is being rammed down the throats of these countries, and the US is attempting to sugar-coat this by unenforceable (and thus worthless) promises of reciprocity at some unspecified time in the future.

    Please, name one, just one, “partner country”, that has said that in the absence of the gun-to-the-head (30% withholding) it would be delighted to assume the costs, bureaucracy, infringement of sovereignty, etc that FATCA visits upon such countries.

    This sounds like the drivel one would expect from the FATCA compliance industry.

  5. @ atticus belatedly, from your post yesterday around noon, didn’t get the email notification until today because my ISP’s junk filter blocked it for some reason and I didn’t get the quarantine warning until now:

    Eloquently stated, as always. You have hit the nail precisely on the head, and more concisely than I can, why you (and I) would never vote for Linda McQuaig. People like her are the last people I want in the House of Commons, regardless of party affiliation. If I lived in Toronto Centre, I’d probably vote Green, which is less of a throw-away vote than Progressive Canadian (sadly but true), or maybe Liberal if and when Trudeau and Freeland can be smoked out on the FATCA issue and take the side of Canadians and not the side of the IRS and the banks. I don’t and wouldn’t vote Tory, but especially if Flaherty pulls a rabbit out of the hat, I would understand why others might, at least on this issue, in preference to McQuaig. Unless there’s a Communist on the ballot, she’d be my absolute last choice to vote for. (We do get Communist candidates here in Ottawa Centre, they always come in last and always lose their election deposits … fine with me, put them on the ballot, take their money, and let them have the 50-70 votes they normally get here out of about 35,000 … I keep wondering however where they keep finding the money for the deposits. But not my problem.)

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