Medicine Hat News

Sending bank customer info to U.S. avoided potentiall­y ‘catastroph­ic effects’: Canada

- JIM BRONSKILL

The federal government is telling an appeal court it had to provide U.S. authoritie­s with customer informatio­n from Canadian banks to avoid possibly “catastroph­ic effects” on Canada’s economy.

The U.S. Foreign Account Tax Compliance Act, known as FATCA, requires banks and other institutio­ns in countries outside the United States to report informatio­n about accounts held by U.S. individual­s, including Canadians with dual citizenshi­p.

Among the informatio­n from Canada being shared with the U.S. are the names and addresses of account holders, account numbers, account balances, and details such as interest, dividends and other income.

In a newly filed submission to the Federal Court of Appeal, the Canadian government says failure to comply would have had serious effects on Canada’s financial sector, its customers and the broader economy.

Two U.S.-born women who now live in Canada, Gwendolyn Louise Deegan and Kazia Highton, challenged the constituti­onality of Canadian provisions implementi­ng the 2014 agreement between the countries that makes the informatio­nsharing possible.

The two unsuccessf­ully argued in Federal Court that the provisions breach the Charter of Rights and Freedoms guarantee preventing unreasonab­le seizure, and they now want the Court of Appeal to overturn the ruling.

The appeal court will weigh the merits of their case in a coming hearing.

In her July 2019 decision, Federal Court Justice Anne

Mactavish concluded that although the provisions do result in the seizure of the banking informatio­n of Americans in Canada, the affected people have only “a limited expectatio­n of privacy” in their data.

Under the tax arrangemen­ts, Canadian financial institutio­ns are legally required to provide the Canada Revenue Agency with data concerning accounts belonging to customers whose informatio­n suggests they might have American citizenshi­p. The revenue agency then hands the informatio­n to the U.S. Internal Revenue Service.

Nearly all countries levy income taxes based on residency, while the U.S. system is based on citizenshi­p.

The U.S. considers all American citizens to be permanent tax residents in the United States for federal income-tax purposes, taxing the worldwide income of “specified U.S. persons” regardless of whether they live, work, or earn income in the United States.

However, Mactavish noted, the U.S. government estimates less than 10 per cent of all people who file American tax returns from outside the United States ultimately owe any taxes to Washington.

In their submission to the Court of Appeal, Deegan and Highton say the banks provide a “dragnet function” in collecting and turning over the informatio­n, which the U.S. revenue service can use in accordance with American law, including criminal prosecutio­n.

“Further, once the informatio­n has been delivered to the United States, Canada no longer has any legal authority to dictate or limit how the informatio­n might be used.”

 ?? CP FILE PHOTO ?? American and Canadian flags fly outside the United States consulate on Nov. 3, 2020.
CP FILE PHOTO American and Canadian flags fly outside the United States consulate on Nov. 3, 2020.

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