The United States is the only developed country in the world that subjects its nonresident citizens to complex, ongoing, multiple, and frequently meaningless financial reportbacks. Recent new enforcement initiatives threaten to exacerbate the already onerous burdens imposed by longstanding American exceptionalism. The resulting current situation is fraught with uncertainty, inconsistency, and anxiety. The listing below annotates material selected on the basis of interest, quality, and/or significance. The circumstances faced since 2011 by hundreds of thousands of beset residents and citizens of Canada inform the scope of this effort.
 
 

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2014 April 10 – Cockfield

 
Arthur Cockfield / Allison Christians
How the U.S. pulled off the great Canadian privacy giveaway
Globe and Mail (10 Apr 2014)

http://www.theglobeandmail.com/globe-debate/how-the-us-pulled-off-the-great-canadian-privacy-giveaway/article17916327/

Two Canadian law professors succinctly outline unprecedented FATCA giveaway of Canadian sovereignty to the United States. They propose: “Canada should only transfer data associated with U.S. persons who are not Canadian residents.”
 

2014 Apr 4 – Cain

 
Patrick Cain
How to get rid of your U.S. citizenship
Global News (4 Apr 2014)

http://globalnews.ca/news/1217871/how-to-get-rid-of-an-unwanted-u-s-citizenship/

A lengthy account of FATCA, bank reporting on US persons, and terminating US citizenship concludes with four personal Canadian stories.
 

2014 Apr 1 – Berg

 
Roy A. Berg / Kim G.C. Moody
Leaked guidance notes threaten to invalidate Canada’s FATCA
STEP Resources (1 Apr 2014)

http://www.step.org/leaked-guidance-notes-threaten-invalidate-canada%E2%80%99s-fatca-iga

“Canada’s legislation and leaked guidance notes threaten to invalidate the IGA and cast certain Canadian entities, including private trusts, out of the walled garden of the IGA and into the inky blackness of FATCA.”
 

2014 Mar 25 – Krishna

 
Vern Krishna
U.S. steps up tax enforcement beyond its borders
Financial Post (25 Mar 2014)

http://business.financialpost.com/2014/03/26/vern-krishna-u-s-steps-up-tax-enforcement-beyond-its-borders/

A brief account of increased US enforcement of its tax regime on extraterritorial US person.
 

2014 Mar 11 – Melnitzer

 
Julius Melnitzer
Border shakeup could have tax consequences for snowbirds
Financial Post (11 Mar 2014)

http://business.financialpost.com/2014/03/11/border-shakeup-could-have-tax-consequences-for-snowbirds/

After 30 June 2014, cross-border initiatives will track Canadian ingress and egress at the US border. “A snowbird who is in the U.S. too long also risks becoming a deemed U.S. resident subject to tax on worldwide income.”
 

2014 Mar 11 – Wood

 
Robert W. Wood
American tax hustle for U.S. citizens abroad
Forbes (11 Mar 2014)

http://www.forbes.com/sites/robertwood/2014/03/11/american-hustle-for-u-s-citizens-abroad/

Outline of three compliance options: streamlined, voluntary disclosure, quiet disclosure. Also a brief summary of four expatriation options.
 

2014 Mar 10 – Jeker

 
Virginia La Torre Jeker
The tax non-compliant American abroad: what are your choices?
Angloinfo (10 Mar 2014)

http://blogs.angloinfo.com/us-tax/2014/03/10/the-tax-non-compliant-american-abroad-what-are-your-choices/

“The typical client I assist owes little, or no tax after taking into account foreign tax credits and foreign earned income and housing exclusion amounts … [but] is potentially subject to huge penalties.” Options are outlined: voluntary disclosure, quiet disclosure, streamlined procedure. Specific comment also focuses on high/low risk classifications and what qualifies as “reasonable cause”
argument.
 

2014 Mar 10 – Melnitzer

 
Julius Melnitzer
Canada’s draft legislation undermines FATCA agreement with U.S.
Financial Post (10 Mar 2014)

http://business.financialpost.com/2014/03/10/canadas-draft-legislation-undermines-fatca-agreement-with-u-s/

Tax lawyer Roy Berg of Calgary’s Moodys Gartner Tax Law warns that Canada’s intended implementation of FATCA legislation may prove invalid because of definition of “financial institutions.”
 

2014 Mar 8 – Hjelmgaard

 
Kim Hjelmgaard
Americans abroad find citizenship too taxing to keep
USA Today (8 Mar 2014)

http://www.usatoday.com/story/news/world/2014/03/08/usa-citizens-relinquish-passports-tax-filing/5859371/

Two extraterritorial US persons in Switzerland tell their stories. One has already renounced, and the other is considering that action. US citizenship renunciation totaled 3000 in 2013, a 221% rise from the preceding year. Two tax professionals describe the difficulties and costs of filing. “A poll conducted by the de Vere Group, a financial consultancy, late last year revealed that 68% of American expatriates have considered giving up their U.S. citizenship as a result of FATCA.”
 

2014 Mar 3 – Jatras

 
James George Jatras
Enforce Canadian law, not FATCA
Toronto Star (3 Mar 2014)

http://www.thestar.com/opinion/commentary/2014/03/03/enforce_canadian_law_not_fatca.html

A Washington-based lobbyist sees Canada’s capitulation to FATCA’s “expensive, invasive and anti-sovereign demand” as unnecessary. He refutes Canada’s excuses under five points of failure: to lobby, to negotiate the best deal, to protect privacy, to avoid costs, to obtain reciprocity.
 

2014 Feb 28 – Christians

 
Allison Christians
FATCA in Canada: constitutional challenge mounting
Tax, Society & Culture (28 Feb 2014)

http://taxpol.blogspot.ca/2014/02/fatca-in-canada-constitutional.html

Law professor Christians identifies Canada’s core FATCA problem as “serious mismatch between the goals targeted and what will be attained by FATCA when law on the books meets law in practice.”
 

2014 Feb 25 – Allen

 
Matt Allen
‘Chaotic’ US tax stampede overwhelms specialists
swissinfo.ch (25 Feb 2014)

http://www.swissinfo.ch/eng/politics/Chaotic_US_tax_stampede_overwhelms_specialists.html?cid=38035476

A bank gave one dual US-Swiss citizen 18 days to produce US tax paperwork going back to 2008. “A streamlined service that cleans up clients’ standard tax returns since 2008 costs around CHF7,500 ($8,365).”
 

2014 Feb 24 – Kennedy

 
David Kennedy
Canadian warns U.S. citizens abroad of new tax collector
Toronto Observer (24 Feb 2014)

http://torontoobserver.ca/2014/02/24/canadian-warns-u-s-citizens-aboard-of-new-tax-collector/

Comment from Peter Dunn features prominently in this story on FATCA.
 

2014 Feb 19 – Grammond

 
Stéphanie Grammond
Snowbirds, citoyens américains: sortez la tête du sable!
La Presse (19 Feb 2014)

http://affaires.lapresse.ca/opinions/chroniques/stephanie-grammond/201402/18/01-4740047-snowbirds-citoyens-americains-sortez-la-tete-du-sable.php

A Quebec writer picks up the FATCA story.
 

2014 Feb 11 – Caldwell

 
Theo Caldwell
Canada’s U.S. tax capitulation
Financial Post (11 Feb 2014)

http://opinion.financialpost.com/2014/02/11/canadas-u-s-tax-capitulation/

“Canada’s leaders … have committed a craven surrender of national sovereignty.”
 

2014 Feb 8 – Christians

 
Allison Christians
Canada-US Agreement Reached on FATCA Data Sharing
Tax, Society & Culture (8 Feb 2014)

http://taxpol.blogspot.co.nz/2014/02/canada-us-agreement-reached-on-fatca.html

McGill-based taxation expert Christians provides “some of the most useful links” to matters relating to the Canada-United States agreement on FATCA.
 

2014 Feb 7 – Tedesco

 
Theresa Tedesco
Ottawa had little choice in signing controversial deal with U.S. tax man
Financial Post (7 Feb 2014)

http://business.financialpost.com/2014/02/07/ottawa-had-little-choice-in-signing-controversial-deal-with-u-s-tax-man/

Canadian bank clients in Canada will be required to certify that they are not US persons. The large costs of compliance will be borne by customers of Canadian banks.
 

2014 Feb 7 – Whiteley

 
Don Whiteley
Canada capitulates on FATCA agreement
BC Business (7 Feb 2014)

http://www.bcbusiness.ca/finance/canada-capitulates-on-fatca-agreement

“Arguably the most successful assault on Canada since the War of 1812,” FATCA “drastically complicates tax compliance for more than seven million U.S. expats living and working in other countries.”
 

2014 Feb 6 – Saunders

 
Laura Saunders
Expatriations rose to record last year
Wall Street Journal (6 Feb 2014)

http://online.wsj.com/news/articles/SB10001424052702304450904579367323461396020

http://www.bank-offshore.co/expatriations-rose-to-record-last-year/

“Last year saw a record for expatriation by U.S. taxpayers, exceeding by two-thirds the previous high set in 2011.” Context is US campaign to snare offshore accounts, drag offenders into OVDP, and implement FATCA.
 

2014 Feb 6 – Vignaud

 
Marc Vignaud
Axa Banque ferme les comptes de ses clients amé en France!
LePoint.fr (6 Feb 2014)

http://www.lepoint.fr/economie/axa-banque-ferme-les-comptes-de-ses-clients-americains-en-france-06-02-2014-1788961_28.php

Axa bank in France unilaterally terminates accounts of about 250 American citizens (total clientele 720,00) on 15 days notice, stating in a letter: “Axa banque a décidé d’interrompre toute relation d’affaires avec des clients américains (citoyens ou résidents).” Daniel, 35, French born in U.S., had been a client for ten years.
 

2014 Feb 6 – Wood

 
Robert W. Wood
Americans renouncing citizenship up 221%, all aboard the FATCA express
Forbes (6 Feb 2014)

http://www.forbes.com/sites/robertwood/2014/02/06/americans-renouncing-citizenship-up-221-all-aboard-the-fatca-express/

The official list of renunciations of US citizenship for 2013 shows a total of 2999, an increase of 221% over the 932 recorded for 2012. “No group is more severely impacted [by U.S. tax and disclosure laws] than U.S. persons living abroad.”
 

2014 Feb 5 – Canada

 
Canada and U.S. reach agreement on Foreign Account Tax Compliance Act
Canada, Dept. of Finance (5 Feb 2014)

http://www.fin.gc.ca/n14/14-018-eng.asp

Government of Canada news release on FATCA agreement with United States.
 

2014 Feb 5 – Egan

 
Louise Egan / Patrick Temple-West
U.S., Canada forge deal in global anti-tax dodger push
Reuters U.S. (5 Feb 2014)

http://www.reuters.com/article/2014/02/05/us-usa-fatca-idUSBREA141U820140205

“Under the [FATCA] agreement, Canadian tax authorities will collect information from the country’s banks and share it with the IRS under an existing bilateral tax treaty.”
 

2014 Feb 5 – Fitz-Morris

 
James Fitz-Morris
FATCA tax deal with U.S. takes some heat off Canadian banks
CBC News (5 Feb 2014)

http://www.cbc.ca/news/politics/fatca-tax-deal-with-u-s-takes-some-heat-off-canadian-banks-1.2524444

“The most contentious aspects of the law remain intact … the requirement for financial institutions to flag the account information of “U.S. persons” for the U.S. Internal Revenue Service to then verify if all taxes have been paid.”
 

2014 Feb 5 – McKenna

 
Barrie McKenna
Ottawa to give IRS information on Americans living in Canada
Globe and Mail (5 Feb 2014)

http://www.theglobeandmail.com/report-on-business/ottawa-to-give-irs-information-on-americans-in-canada/article16710461/

Canadian Minister of Finance Jim Flaherty claims Canada’s “lengthy negotiations” resulted in “significant exemptions and other relief” before Canada signed a FATCA agreement with the United States. According to accountant Kevyn Nightingale, “The flow of information to the IRS is going to be computerized and comprehensive.”
 

2014 Feb 5 – Schechter

 
Barbara Schechter
Canada signs agreement to dull impact of U.S. crackdown on tax cheats
Financial Post (5 Feb 2014)

http://business.financialpost.com/2014/02/05/canada-signs-agreement-to-dull-impact-of-u-s-crackdown-on-tax-cheats/

FATCA implementation will result in Canadian banks examining their files for data on US persons and passing their account information to Canada Revenue Agency, which will act as proxy for IRS.
 

2014 Feb 5 – Vieira

 
Paul Vieira
Canada, U.S. reach tax deal — officials
Wall Street Journal (5 Feb 2014)

http://online.wsj.com/article/BT-CO-20140205-710192.html

“Canadian government officials, speaking at a background briefing, said Ottawa won several exemptions to ensure the country’s privacy laws weren’t violated. Further, they said a set of key savings vehicles … would not be affected.”
 

2014 Feb 5 – Whittington

 
Les Whittington
Bank account data of Americans in Canada will be sent to U.S. taxman
Toronto Star (5 Feb 2014)

http://www.thestar.com/news/canada/2014/02/05/canada_reaches_deal_with_us_meant_to_reduce_irs_intrusion.html

“Under Wednesday’s agreement, Canada’s banks will send this [US person financial accounts] information to the IRS via the Canada Revenue Agency, a move meant to address possible violations of Canada’s privacy laws.”
 

2014 Feb 4 – Jeker

 
Virginia La Torre Jeker
NIIT-picky nuances for Americans overseas with offshore investments
TaxConnections (4 Feb 2014)

http://taxconnections.com/taxblog/niit-picky-nuances-for-americans-overseas-or-with-offshore-investments/

The 3.8% Net Investment Income Tax imposed on high wage earners will impact some extraterritorial US persons.
 

2014 Feb 2 – Wood

 
Robert W. Wood
FATCA fuels IRS amnesty, but advocate calls it harsh
Forbes (2 Feb 2014)

http://www.forbes.com/sites/robertwood/2014/02/02/fatca-fuels-irs-amnesty-but-advocate-calls-it-harsh/

Despite the predictability it offers, 2012 OVDP “isn’t a very good deal for many.” The IRS taxpayer advocate says “the program imposes excessive penalties on taxpayers whose failure to file were not willful.”
 

2014 Jan 27 – Cain

 
Patrick Cain
Canadian data doesn’t support stereotype of the wealthy U.S. expat
Global News (27 Jan 2014)

http://globalnews.ca/news/1109404/the-stereotype-of-the-wealthy-u-s-expatriate/

Four graphs and maps based on 2006 Canadian census data show little correlation between declared US citizenship and median family income.
 

2014 Jan 17 – Turkovich

 
William S. Turkovich
IRS: No FTC for 3.8 percent NIIT
HodgsonRuss (17 Jan 2014)

http://www.hodgsonruss.com/Home/News_Seminars/Articles_and_Alerts/IRS-FTC-NIIT

The 3.8 percent net investment income tax for Obamacare cannot be offset by foreign tax credits. For persons with higher incomes, this will mean mismatch, with no offset for Canadian taxes paid. (Originally published in Canadian Tax Highlights, Volume 22, Number 1, January 2014)
 

2014 Jan 13 – Hildebrandt

 
Amber Hildebrandt
FATCA facts: What Canadians need to know about new U.S. tax law
CBC News (13 Jan 2014)

http://www.cbc.ca/news/canada/fatca-facts-what-canadians-need-to-know-about-new-u-s-tax-law-1.2493882

“A rundown on what the law is and what it means for Canadians.”
 

2014 Jan 13 – New

 
New U.S. tax law [segment: 14:46 to 18:38]
CBC News: Toronto (13 Jan 2014)

http://www.cbc.ca/player/News/Canada/Toronto/ID/2429904841/

Video segment includes comment from unidentified U.S. person with children, Marion Wrobel for Canadian Bankers Association (“Saying no to FATCA is like saying no to winter”), and Carol Tapanila.
 

2014 Jan 13 – U.S. FATCA

 
U.S. tax law called ridiculous
CBC News (13 Jan 2014)

http://www.cbc.ca/player/News/Canada/ID/2429871653/

In a 6:40 video segment, tax expert Allison Christians outlines the tax liabilities of US persons resident in Canada, and the impacts of FATCA implementation.
 

2014 Jan 13 – U.S. Tax

 
U.S. tax law called ridiculous
CBC News (13 Jan 2014)

http://www.cbc.ca/player/News/Canada/ID/2429871653/

In a 6:40 video segment, tax expert Allison Christians outlines the tax liabilities of US persons resident in Canada, and the impacts of FATCA implementation.
 

2014 Jan 10 – Cain

 
Patrick Cain
More than 3,100 Americans renounced citizenship last year: FBI
Global News (10 Jan 2014)

http://globalnews.ca/news/1072303/over-3100-americans-renounced-citizenship-last-year-fbi/

FBI figures for 2013 renunciations leads into further reporting on the phenomenon of increased renunciation of US citizenship.
 

2014 Jan 1 – Wood

 
Robert W. Wood
Americans are unwanted worldwide (at least by banks)
Forbes (1 Jan 2014)

http://www.forbes.com/sites/robertwood/2014/01/01/americans-are-unwanted-worldwide-at-least-by-banks/

FATCA, FBAR, and OVDI make banking and life abroad difficult for US persons. “The U.S. has data from 40,000 voluntary disclosures, whistleblowers, banks under investigation and cooperative witnesses.”
 

2013 Dec 30 – Jeker

 
Virginia La Torre Jeker
If you go, you can’t come back: the Reed/Schumer follies — past and proposed anti-expat legislation: interview with Bill Yates, former IRS attorney
Angloinfo (30 Dec 2013)

http://blogs.angloinfo.com/us-tax/2013/12/30/expatriation-if-you-go-interview-with-bill-yates-former-attorney-with-the-office-of-associate-chief-counsel-international-irs/

A senior IRS attorney talks about the history of attempts to exclude persons who renounce US citizenship.
 

2013 Dec 16 – Jeker

 
Virginia La Torre Jeker
Learn the real facts: unresolved US tax liabilities, re-entry to USA, renewal or revocation of your US passport
AngloInfo (16 Dec 2013)

http://blogs.angloinfo.com/us-tax/2013/12/16/learn-the-real-facts-unresolved-us-tax-liabilities-re-entry-to-usa-renewal-or-revocation-of-your-us-passport/

A specialist offers useful detailed insight into the increasing interactions between tax enforcement and passport control as applied to US citizens.
 

2013 Dec 16 – Swanson

 
Lynne Swanson
U.S. citizenship based taxation: unique or outrageous?
Global Tax News (16 Dec 2013)

http://www.tax-news.com/articles/US_Citizenship_Based_Taxation_Unique_or_Outrageous___571149.html

This article dramatizes the impacts of real and what-if extraterritorial taxation of a selection of US persons.
 

2013 Dec 15 – Bennett

 
Alison Bennett
12 agreements signed to help U.S. fight offshore evasion: taxes
Bloomberg (15 Dec 2013)

http://www.bloomberg.com/news/2013-12-16/12-agreements-signed-to-help-u-s-fight-offshore-evasion-taxes.html<a/

Intergovernmental agreements needed for the United States to implement FATCA have been completed with 12 countries (not yet including Canada). Negotiations are underway with more than 70 jurisdictions. The current deadline is 1 July 2014.
 

2013 Dec 15 – Wood

 
Robert W. Wood
7 sins with bank accounts? FATCA makes them deadly
Forbes (15 Dec 2013)

http://www.forbes.com/sites/robertwood/2013/12/15/7-sins-with-bank-accounts-fatca-makes-them-deadly/

The itemized “sins”: failure by US persons to report income or assets to the United States; failure to file FBARs; recognition of possible extreme penalties; disregard of current IRS compliance programs; risks of quiet disclosure; failure to respect backfiling requirements; closing accounts in an attempt to conceal present circumstances.
 

2013 Dec 13 – Williams

 
Margot Williams
Americans abroad denounce offshore tax law’s unintended consequences
International Consortium of Investigative Journalists (13 Dec 2013)

http://www.icij.org/blog/2013/12/americans-abroad-denounce-offshore-tax-laws-unintended-consequences

This follow-up to the preceding week’s report provides substantial extracts of correspondence received from persons suffering from the simple burden of attempting to comply with US extraterritorial tax requirements.
 

2013 Dec 8 – Christians

 
Allison Christians
FATCA Q & A – a work in progress
Tax, Society & Culture (8 Dec 2013)

http://taxpol.blogspot.ca/2013/12/fatca-q-work-in-progress.html

An academic tax law expert summarizes detail on FATCA and its implementation in a succinct question-and-answer format.
 

2013 Dec 6 – Williams

 
Margot Williams
The mystery of the fleeing Americans
International Consortium of Investigative Journalists (6 Dec 2013)

<a href="http://www.icij.org/blog/2013/12/mystery-fleeing-americans"http://www.icij.org/blog/2013/12/mystery-fleeing-americans

Increase in US expatriations is viewed as a journalistic mystery. Tax avoidance, criminal evasion, and compliance burden are listed as three possible explanations. Williams provides a link to her spreadsheet of Federal-Register-listed renunciants since Dec 1994.
 

2013 Dec 5 – IRS Not

 
IRS not fully ready for law against offshore tax evasion: watchdog
Reuters / Chicago Tribune (5 Dec 2013)

http://www.chicagotribune.com/business/sns-rt-us-usa-tax-fatca-20131129,0,741647.story

Despite expenditure of $8.6 million on an inadequate system, IRS remains ill-prepared to implement FATCA provisions.
 

2013 Nov 27 – Douglas

 
William Douglas
New tax law driving expats to renounce U.S. citizenship
McClatchy DC (27 Nov 2013)

http://www.mcclatchydc.com/2013/11/27/209810/new-tax-law-driving-expats-to.html

The story of Ruth Ann Freeborn of Kingston, Ontario anchors this report on expatriate Americans who are renouncing citizenship in record numbers.
 

2013 Nov 26 – Mishory

 
Eliezer Mishory
Is the OVDP a good deal? Assessing the OVDP in terms of FBAR willfulness
Social Science Research Network (26 Nov 2013)

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2365986

This 65-page academic examination of willfulness as applied to FBAR reporting failure concludes that present tendency toward finding FBAR violation willful may render OVDP participation more desirable than that action would appear.
 

2013 Nov 25 – Berg

 
Roy A. Berg
Canadian snowbirds beware! Border crossing rules for 2014 increase stakes for “day count”
Moodys Gartner (25 Nov 2013)

http://www.moodysgartner.com/canadian-snowbirds-beware-2014-border-crossing-rules-increase-stakes-for-day-count/

On 30 June 2014 new procedures will lead to precise days-of-residence counts available to both Canada and the United States. Snowbirds may encounter undesirable tax consequences.