Jim Flaherty Says U.S. Plan Would Turn Canadian Banks Into 'Extensions Of The IRS'

Jim Flaherty Us Tax Law

First Posted: 09/16/11 05:57 PM ET Updated: 11/16/11 05:12 AM ET

OTTAWA - Canada is accusing the United States of sowing distress and fear among dual citizens who have innocently failed to file a U.S. return when they owe no taxes.

In a letter to of three leading U.S. newspapers, Finance Minister Jim Flaherty tells the U.S. Internal Revenue Service to back off in their efforts to find offshore tax cheats in Canada.

"Canada is not a tax haven. People do not flock to Canada to avoid paying taxes," he wrote to the New York Times, Wall Street Journal and Washington Post. The letter was also released to some news outlets in Ottawa by the minister's office.

"Most of these Canadian citizens, many with only distant links to the United States, have a very limited knowledge of their tax reporting obligations to the United States.

"These people are not high rollers with offshore bank accounts. These are people who have made innocent errors of omission."

The U.S. is one of the few countries that compels its citizens to file a U.S. return even if they are living abroad and paying taxes abroad. The law applies also to citizens of another country if they have not renounced their U.S. citizenship.

As well, the U.S. has proposed a new law that would compel Canadian banks to notify the IRS of accounts held by clients with dual citizenship, in effect turning the banks into "extensions of the IRS," according to Flaherty.

Dual citizens in Canada complain they have been trapped them in a no-win situation. If they report now, having failed to do so in the past, they could be liable to retroactive penalties and fines.

"The threat of prohibitive fines for simply failing to file a return they were unaware they had to file, is a frightening prospect that is causing unnecessary stress and fear among law-abiding, hard-working dual citizens," Flaherty said.

There are an estimated one million dual citizens living in Canada.

Flaherty writes that while he understands the U.S. interest in tracking down tax cheats, he points out there is an established avenue under which such issues are handled through the Canada-U.S. "Bilateral Tax Information Exchange Agreement."

"To rigidly impose (new requirements) on our citizens and financial institutions would not accomplish anything except waste resources on all sides," Flaherty said.

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OTTAWA - Canada is accusing the United States of sowing distress and fear among dual citizens who have innocently failed to file a U.S. return when they owe no taxes.In a letter to of three leading U.
OTTAWA - Canada is accusing the United States of sowing distress and fear among dual citizens who have innocently failed to file a U.S. return when they owe no taxes.In a letter to of three leading U.
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HUFFPOST SUPER USER
thegirlnextdoor
11:17 AM on 09/18/2011
Why is this story not in the USA version of HuffPost?
12:52 AM on 09/18/2011
OK, this blog his helpful and I fell better about venting, but where is the most effective place to write letters of complaints about this. My MP?, Mr. Flaherty. How about in the US. I don't think letters to the newspapers will be very effective, whether written by us or Mr. Flaherty. Even though we are all "US citizen's" we don't have a congressional representative or senator to write to (weren't the Americans once really annoyed about "taxation without representation). Should we all write to President Obama. Frankly, I doubt any US politician will listen since we can't vote. Anyone have any ideas?
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HUFFPOST SUPER USER
thegirlnextdoor
10:04 PM on 09/17/2011
Thank you Mr. Flaherty for speaking out. I am one of those folks who has spent more than a few sleepless nights stressed and in tears and terror about this. And I owe nothing down there. If I lived down there and owed nothing I would not be oblidged to file. Living here I would have to pay $1200 to file for three years. The gal at H and R Block told me she was embarressed to have to charge poor folks like me for this nonsense.
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coutnac
01:19 AM on 09/18/2011
those Americans have some nerve s there have to look to Bermuda .
07:42 PM on 09/17/2011
I would like to see this article on the US version of the Huffingtonpost to see the comments of US readers. My guess is they'll label us as socialist tax cheaters and applaud their governments attempts to make us pay "our share" towards their massive debts to the rich in America can be spared this awful burden Hope someone proves me wrong, but I doubt it.
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HUFFPOST SUPER USER
thegirlnextdoor
10:02 PM on 09/17/2011
yes! Cause folks down there have no idea that this is happening. And they are appalled when they hear it. And thanks to Mr. Flaherty for speaking out.
HUFFPOST SUPER USER
coutnac
01:23 AM on 09/18/2011
that is what there do whit our health care !
04:49 PM on 09/17/2011
Imagine the poor bank teller having to figure out whether a customer is a U.S. citizen, especially if the person was born in Canada with one U.S. citizen parent. Help wanted ad: "Bank teller skilled in U.S. immigration law." http://en.wikipedia.org/wiki/United_States_nationality_law
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HUFFPOST SUPER USER
Aesops
Appearances often are deceiving
02:55 PM on 09/17/2011
The Conservatives are very much on board with the IRS. This would be no surprise to them and the only reason they are speaking out now is that people are complaining. The plan is to have the Canadian banks confirm that you have US citizenship and then information share with the IRS so they can prosecute and fine non-compliant citizens.

The US banks have already stolen most of the taxpayer money, and now they are basically stealing their depositors money in conjunction with the IRS to make up the difference. It's a beautiful world.
07:19 PM on 09/17/2011
It's not because the people are complaining, it's because the banks are complaining.
07:24 PM on 09/17/2011
If they can figure out a way to make it easy for the banks and comply with the Americans requests for prosecutions and collections of fines, my guess is they'll do it. Didn't the "Harper Government" agree with the US request for the information in the first place?
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Jesse P. Steinberg
est un habitant.
11:15 AM on 09/17/2011
The US doesn't even play by their own rules, so why should Canadian banks comply?
11:19 AM on 09/17/2011
Harper, our Rebubican Prime Minister!
10:05 AM on 09/17/2011
Rich Oil Men have lawyers and accountants who will protect them. I don't. I took out Canadian citizenship in 1974 and was told at that time that the US didn't allow dual citizenship so I lost mine. I was fine with that, I didn't want US citizenship. I only recently found out that at some point the law was changed and I was again a US citzen. No one told me the law was changed and I certainly was not aware I had to file US tax forms. Even though I am told that I am now a US citizen, I have to representative in congress to write to and I can't vote in US elections. I can't visit family in the states and I am very concerned that the "Harper government" will do everything it can to help the bankrupt US government collect what little I have saved for my retirement.
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thegirlnextdoor
10:06 PM on 09/17/2011
Very similar to my situation. And I appreciate Mr. Flaherty speaking out. No one else has. I actaully have meet him socially and he might actually care a bit that folks are having sleepless nights over this.
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HUFFPOST SUPER USER
opprobrious
More speech. Less Flagging.
03:19 AM on 09/17/2011
I'm guessing this issue will somehow be worked out. Otherwise, what, if anything, could the US government do to a citizen living outside of its borders, send in the SEAL's?
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HUFFPOST SUPER USER
Aesops
Appearances often are deceiving
02:58 PM on 09/17/2011
Potentially prosecute for tax fraud and ask for extradition.
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HUFFPOST SUPER USER
opprobrious
More speech. Less Flagging.
04:53 PM on 09/17/2011
And Canada would essentially ignore the request to extradite one of it's own citizens on anything but an actually egregious violation of US tax laws.
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HUFFPOST SUPER USER
thegirlnextdoor
10:07 PM on 09/17/2011
or, not let you visit your family inthe states. We're fine if we stay here. My sister is heart broken that now, due to this, I had to cancel plans to visit here.
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HUFFPOST SUPER USER
piceaglauca
The picture says it all....
01:32 AM on 09/17/2011
Jim Flaherty's comments can never be taken too seriously in this country. He has deonstrated over and over that he is a man of talk but little of action.
01:19 PM on 09/17/2011
Good thing.
11:45 PM on 09/16/2011
of greater concern to canadians is how the senate has become headquarters for fund raisers for the conservativen party -------all paid for by tax dollars ------while the prime minister gets his nickers in a knot over an airplane ride by a military guy at taxpayers expense ------he has to make restitution ------meanwhile his fund raisers continue to collect their salaries

it is time to abolish the abomination called the senate ,
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MyTake
Release the Hydrogen Economy now!
11:02 PM on 09/16/2011
"These people are not high rollers with offshore bank accounts. These are people who have made innocent errors of omission."

Gee, just who are they then.

Maybe they are those OIL MEN who now live in Alberta but were born in the USA.

Since these guys are interlocked with anything spelled Conservative, they are the ones that have enough clout to get this Minister to write a such a letter to these Media outlets.

The Minister should have followed the lead of James Carville who recently blindsided the Obama Administration for their failure to PROSECUTE the crimes of Wall Street and the 2008 financial collapse.

Had Obama prosecuted Wall Street, he could have collected trillions in settlements and then put a down payment on their $14 trillion debt National debt.

So, Mr. Minister, you were duped.

With this article appearing in those major U.S. print media's, the U.S. population will now give Obama his 2nd term because he is now chasing down tax evader's!
11:28 PM on 09/16/2011
They are not tax evaders. They paid their taxes in Canada. They most likely do not owe taxes to the US. They however failed to file their taxes in the US. The US is the only developed nation that taxes its citizens wherever they live in the world. Even if you have never been to the US, do not speak the language, and you are a US citizen by accident because one of your parent is a US citizen, you are liable to pay US taxes and you must file with the IRS. The fines are astronomical.
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jamster88
11:36 PM on 09/16/2011
No, you don't understand.

US Oil men living in Canada pay CANADIAN TAXES. Which are HIGHER than the US, thus they owe no taxes in the US.

Get a grip.
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HUFFPOST SUPER USER
Aesops
Appearances often are deceiving
03:03 PM on 09/17/2011
The issue is not purely tax collection. The issue relates to a disclosure form that is required by the US Treasury for any US citizen that has an offshore financial account regardless of whether they owe US tax or not. If you do no file this form, the penalities can be imprisonment for 5 years and a fine of 25% of the highest balance in the account during the non-compliant time period. The idea around this rule is to find interest revenue that was not disclosed by the individual on which the IRS can then apply taxes.
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HUFFPOST SUPER USER
ljkcan
I don't let geographical borders limit my thinking
07:47 PM on 09/16/2011
If we are a tax haven pinch me!
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HUFFPOST SUPER USER
subinense
"We are star stuff" Carl Sagan
11:23 AM on 09/17/2011
Quebec or Cayman Islands ? .. Can't decide where to put my billions !!!
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HUFFPOST SUPER USER
ljkcan
I don't let geographical borders limit my thinking
02:59 PM on 09/17/2011
There is a reason we moved my mother out of Quebec. Taxes!