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FBAR Penalty in Canada! - Page 14


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Old 27th November 2011, 08:14 PM
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Originally Posted by PetrosResearch View Post
Hi Omater, don't worry about hijacking anything. This is exactly what the expat forum is for--discussing issues that affect expats.

You should have no trouble going to the states for you are going on a US passport. The border guards may poke their nose in your tax business, but just politely answer that you are doing your best to keep up with requirements. What gets tricky is after relinquishing your citizenship, which is most easily done when you become a Canadian citizen, then you will need to have proof of your relinquishment when you travel on a Canadian passport. Furthermore, you won't be able to work or take up residence in the United States without a visa. You will have the same rights as any other Canadian. Finally, if you decide not to comply with FBAR requirements, as I myself have done and publicly stated it, then you risk being arrested at the border--however small that risk is--my point about compliance is that the need to go to the US implies a certain level of compliance in order to avoid hassles. But most of the lawyers I've chatted with at hodgen.com or federaltaxcrimes.blogspot.com, indicate that there should be little risk, and I've not heard of Canadian citizens being arrested at the border for tax crimes or FBAR violations--nor for that matter can anyone on this forum point to actual arrests of that nature.
I am traveling to the U.S. in 2 weeks and I don't have an American passport. I wonder if I will have a difficult time? I understand they are getting stricter about having to travel with an American passport if you are an American citizen. Wish me luck. Can anyone tell me how I can change my profile? I put Canadian instead of American for where I am originally from.

  #132 (permalink)  
Old 27th November 2011, 09:47 PM
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I am traveling to the U.S. in 2 weeks and I don't have an American passport. I wonder if I will have a difficult time? I understand they are getting stricter about having to travel with an American passport if you are an American citizen.
I have never been asked for my US passport at either land or air crossings. I always show my Canadian passport which clearly shows that I was born in the USA.

If I was asked I would just say that I either did not know about the requirement or that I was in the process of applying for one or that I have renounced and not allowed to have one... (whatever is the truth )

  #133 (permalink)  
Old 28th November 2011, 03:13 AM
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Can anyone tell me how I can change my profile? I put Canadian instead of American for where I am originally from.
Click on your username near the top of the right hand side. Then click on the left hand side "User CP." Still on the lefthand side, under "Your Profile" click on "Edit your Details." In the blue box to the right of that column, you will see 4 drop down boxes - the third one is "Expat from Country" and you just click, the drop down will open and you click on "usa", scroll down to the bottom of the page and click "save changes."

  #134 (permalink)  
Old 29th November 2011, 02:43 AM
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Second, all your actions since the date of that expatriating act must be consistent with that intention -- e.g, you have not traveled on or even possessed a US passport, you have not attempted to assert US citizenship for your children born outside the US to you when you were still a US citizen, you have not voted in any US elections, you have not filed US tax returns, your have not worked in the US or lived there for any length of time.
One question -- assuming you got this from the consulate or the lawyer -- have you worded correctly that part about children born outside the US? It seems to me the question should be whether you attempted to assert US citizenship for a child AFTER you committed the expatriating act, not when you were still a US citizen. What you did before committing the expatriating act, e.g. having a US passport never mind registering a child with the US, should have no bearing on whether your actions after the expatriating act are consistent. I'd have thought the only inconsistency would be if you claim you expatriated yourself and then after that tried to get your child registered as a US citizen.

And isn't it ironic that the consultate admits that NOT filing US tax returns all those years is in fact quite consistent with a claim you intended to relinquish and have never considered yourself to be a citizen. So why should IRS get to claim five years of tax returns from you or hit you with an exit tax, that is totally inconsistent and absurd of them!
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Old 30th November 2011, 08:41 PM
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I'm back after a few days of stress and worry about what in the world we are to do. I was hoping my Canadian citizenship would be granted in the spring. I received notice to have fingerprints done and took care of that yesterday. I then contacted CIC to ask when they would be in this area and they said it would be MAY or JUNE! That will make it a year and a half since I applied. I tried to call today to find out if there is any way I can get it done sooner at another location but their lines are jammed and they disconnect. I would feel much better if I had the Canadian government behind me so that I could join in on some of the group protests that are happening. Right now I can't do anything.

Am I right to assume that we should we go ahead and sell the little villa we purchased in Florida? We have not even had it a year but I read where the IRS intends to tax any foreigner (like my husband) for worldly income if he is there more than 122(?) days and will expect a cut of their worldly assets if they were to die. If I do not disclose with FBAR they will probably seize that property. What is this going to do to the snowbird revenue that the US has enjoyed over the years? This doesn't just involve Canadians, they are talking about anybody who has purchased a home anywhere in the US for vacation, etc.

I know I am showing my ignorance here, but I just found out about this and I am still trying to get over the shock of my home country trying to bully so many seniors out of their retirement funds. Do you think the government of Canada is prepared to take on that financial burden when we can't afford to take care of ourselves because the USA stolen all of our money?

Nobody I have talked to in the states has heard of FBAR and they all say that the USA wouldn't do this. I don't know what to do, so I have just been spinning my wheels. Ignorance is NOT bliss!
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  #136 (permalink)  
Old 30th November 2011, 09:07 PM
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It seems strange to me they are asking for fingerprints....is there more to the story than that??

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Old 30th November 2011, 09:39 PM
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It seems strange to me they are asking for fingerprints....is there more to the story than that??
It seems they are now requiring fingerprints in some cases. This site explains it:
Reasons Why Your Application for Canadian Citizenship May be Delayed

  #138 (permalink)  
Old 30th November 2011, 09:41 PM
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It seems strange to me they are asking for fingerprints....is there more to the story than that??
Immigration Canada took my finger prints when I landed, not when I became a citizen.

  #139 (permalink)  
Old 30th November 2011, 09:46 PM
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Curious...would they still ask for fingerprints if you have a Permanent Resident Card??

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Old 1st December 2011, 12:19 AM
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I had to give them fingerprints from the US and an FBI check when I landed. I just thought it was standard procedure. I told the woman who took my prints yesterday that I had already done the fingerprint check when I landed and she said this is a totally different thing. Fingerprints were definitely a requirement to land. Furthermore, it only took me 9 months to get landed. This is taking 18 months unless I can get it transferred to another city.

I have a very common name. It's almost as bad as Mary Smith. The letter they sent says: "After reviewing the biographical information on your application form, I understand there may be a question in your case with regard to provisions of sections 21 and/or 22 of the Citizenship Act, or possibly involving another person having the same name and biographical data as yours."

I don't know if fingerprints are usually required, but I come from a big American city, a high crime area and I would imagine there are more than a few people with my name there. It's all so frustrating!! Even though the letter is in first person, it is signed simply "Citizenship Official".

I have never committed a crime, I have never had a ticket in Canada. I never did a crime anywhere. The only time my prints have been taken was always something to do with my move and my citizenship to Canada.

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