Putting Things Into Perspective

Few people do it as well as Robert Reich. And there are lessons here for Canada as well:

I don't know who needs to hear this, but refusing to disclose the corporations receiving $500,000,000,000 in taxpayer-funded bailouts is the real looting in America. pic.twitter.com/jg5kkDSGUh

— Robert Reich (@RBReich) June 12, 2020

Friends In High Places Are Good (For Some)

Having friends in high places is certainly something the wealthy must savour as they continue to hide money in offshore tax havens. Yes, the very same havens the Trudeau government promised to crack down on. And the very same tax havens that, as I recently posted, seem to inspire timidity in our Canada Revenue Agency.

A new report by the CBC/Fifth Estate suggests that timidity is deepening:

The Canada Revenue Agency has once again made a secret out-of-court settlement with wealthy KPMG clients caught using what the CRA itself had alleged was a "grossly negligent" offshore "sham" set up to avoid detection by tax authorities, CBC's The Fifth Estate and Radio-Canada's Enquête have learned.

This, despite the Liberal government's vow to crack down on high net-worth taxpayers who used the now-infamous Isle of Man scheme. The scheme orchestrated by accounting giant KPMG enabled clients to dodge tens of millions of dollars in taxes in Canada by making it look as if multimillionaires had given away their fortunes to anonymous overseas shell companies and get their investment income back as tax-free gifts.

Apparently, who you are and what you are worth entitles you to special privileges, including a totally sealed record of your settlement with the CRA:

... tax court documents obtained by CBC News/Radio-Canada show two members of the Cooper family in Victoria, as well as the estate of the late patriarch Peter Cooper, reached an out-of-court settlement on May 24 over their involvement in the scheme.

Details of the settlement and even minutes of the meetings discussing it are under wraps. A CBC News/Radio-Canada reporter who showed up to one such meeting this spring left after realizing it was closed to the public.

Quite understandably, many are outraged by this:

Toby Sanger, executive director of the advocacy group Canadians for Tax Fairness, says the CRA should never have agreed to settle the case.

"I think it's outrageous," he said. "We've had a lot of tough talk and promises from this minister [National Revenue Minister Diane Lebouthillier] about how they will crack down on tax evasion by the wealthy and corporations, but unfortunately we've seen no evidence of this so far."

The Trudeau government's previous tough talk on the so-called KPMG sham had come after a document leaked to The Fifth Estate/Enquête showed the CRA itself had offered a secret "no penalties" amnesty in May 2015 to many of the other KPMG clients involved in the scheme.

The CRA offered to have them simply pay the back taxes owed — but with the condition they not tell the public about the offer.

Apologists for the Trudeau government will insist that the CRA was acting independently of the government, but that clearly flies in the face of reality, given Trudeau's promises in 2017 to do a "better job of getting tax avoiders and tax frauders."

Like their attempts to influence the course of justice in the SNC-Lavalin affair, this latest report is yet one more arrow indicating where the sympathies and loyalties of our federal government really lie.

Our Timid Canadian Revenue Agency

Over a year ago I posted about the sad record of the CRA in pursuing offshore tax cheats as revealed by the Panama Papers. It seems that little has changed since then.

In a Policy Options article, Senator Percy Down asks, Why can’t the Canada Revenue Agency catch tax cheats?

Recently, on the third anniversary of the release of the Panama Papers, we learned that other countries have recovered more than $1.2 billion in fines and back taxes:

Australia has recouped $92 million.
-Spain is counting $164 million in its coffers.
-The United Kingdom has recovered $252 million.
-Even Iceland, with a population of roughly 350,000 people, was able to recover $25.5 million.

Of the 894 Canadians (individuals, corporations and trusts) revealed by the Panama Papers to have accounts, the Canada Revenue Agency hasn’t recovered a dollar.

While the CRA talks a good game, its results tell a different story:

The agency talks tough every time there is a public leak of information from some bank or law firm operating in a tax haven. Nevertheless, not one person has been charged with overseas tax evasion, much less convicted, fined or sentenced since the 2006 information leak we know the most about, from a bank in Liechtenstein, where 106 Canadian-held accounts were found to contain more than $100 million.

In fact, as reported by the Auditor General, the CRA “waived referrals for potential criminal investigation to gather information.” In other words, the agency promised not to charge the people involved in that tax scheme in exchange for them explaining to the CRA how it actually worked and agreeing to pay what they owed.

This strange acquiescence to tax evasion is contrasted by other jurisdictions that have worked hard to discourage such criminality:

Compare this to Australia, for example, where not only are back taxes and penalties paid, but individuals are charged with committing a crime and in many cases convicted, fined and jailed, and the country uses those convictions to warn citizens that it is serious about tax evasion.

“As a result of Project Wickenby’s focus on preventing the abusive use of secrecy havens,” a 2012 audit of an Aussie anti-tax evasion task force noted, “Australia is presently less attractive for international tax fraud and evasion than it otherwise would have been. After a slow start, the project has achieved substantial results from its activities, which contribute to protecting Australia’s revenue base.”

And make no mistake. We are all paying for the Canada Revenue Agency's laxity:

Because Canada has not recovered any money, three things have happened. One, we don’t have that money to fund our priorities without incurring a deficit; two, the rest of us have to make up the shortfall by paying more taxes; and three, Canadians are wondering why we have a two-tier justice system for tax evasion. Try to cheat on your domestic taxes, and the CRA will likely find you, charge you, convict you and force your repayment. Hide your money overseas, and you likely will never be charged or convicted. The odds are good you will get away with it, and your federal government allows this double standard to continue.

Like the Harper government before it, the Trudeau administration seems to be using the CRA for its own purposes. Is it too much of a leap to conclude that one of those purposes is to protect its friends in high places?

Less Than Meets The Eye?

Given its recent rather dubious pursuits of lost tax revenue, I readily admit that I don't know what to make of the latest report that the CRA has actually begun to pursue monies lost to offshore tax havens.

Zach Dubinsky reports the following:

Canada Revenue Agency officers, backed up by police, raided locations in three provinces Wednesday as part of a criminal tax-evasion probe stemming from the Panama Papers, the agency said.

About 30 criminal investigators from the CRA executed three search warrants in the Toronto area, Calgary and West Vancouver, with assistance from the RCMP and the West Vancouver police, the CRA said in a statement online.

My first reaction, upon reading this, was that it was bloody-well about time. However, then I started wondering whether or not this was a move intended more for public consumption than fiscal rectitude in advance of the upcoming federal budget, full of sound and fury and perhaps signifying little.

Consider the evidence.

Last year, CRA assistant commissioner Ted Gallivan told the Star his priority was going after lawyers and accountants who orchestrated offshore tax evasion schemes for “dozens” of clients.

Last month, the Star reported that tax authorities around the world had recovered more than half a billion dollars in tax through their investigations into the Panama Papers.

By contrast, Canada has recovered nothing.

Additionally, in recent months, the CRA has had domestic targets in its sights, targets that in some cases seem like easy, even dishonorable, pickings.

The Guardian from Prince Edward Island reports that citizens, some among our most vulnerable, are feeling the tax man's wrath:

A 25-year-old Stratford woman struggling to pay off her student debt has been hit with a $15,000 tax bill by the Canada Revenue Agency over her tips.

Anita Casey is one of dozens of servers with the Murphy Hospitality Group who received letters three weeks ago saying they were being audited over their tips, retroactive two years.

“It’s pretty crazy that they’re coming after the poor young population who are in school and just trying to support themselves,’’ Casey told The Guardian.

Then there is the CRA operation targeting people's postal codes:

The Canada Revenue Agency's Postal Code Project is targeting the wealthiest neighbourhoods in all regions of the country, those with gold-plated postal codes, where auditors will pore through the tax filings of every well-heeled resident, address by address.

They're looking for undeclared wealth, signs that a taxpayer is actually richer than their income tax filings suggest.

"Comparing someone's lifestyle — cars, boats, houses — to their reported income helps us identify people who are non-compliant," said CRA spokesperson Zoltan Csepregi.

A well-publicized initiative, it has the whiff of class-warfare about it, one that will inevitably prompt some to look upon the wealthy with suspicion and disdain. And perhaps yet another effort at misdirection, given their singular absence of progress on bringing the offshore havens to account?

Our country is renowned for its "snow washing," a testiment to the ease with which money can be hidden and laundered thanks to Canada's laws facilitating shell companies. It will therefore take more than a well-publicized raid to convince me that the Trudeau government and the Canada Revenue Agency are serious about making corporate evaders pay their fair share.

As Fox Mulder would say, "I want to believe." However, I shall wait to see the money before I am convinced that serious changes are underway.

Seeking Some Substance - Part 2

In Part 1, I tried to establish that there is a gross discrepancy between the rhetoric and the reality of Justin Trudeau's promise to makie sure corporations pay their fair share. Indeed, if truth be told, his government has done little or nothing to alter the CRA ethos, imposed during the Harper era, to give the corporate world an easy taxation ride. For example, as outlined in the previous post, where other countries are recovering significant sums previously lost to offshore tax evasion and avoidance, Canada has thus far recovered nothing.

The CRA, it appears, would rather indulge in some domestic spying than go after the real evaders:

The Canada Revenue Agency's Postal Code Project is targeting the wealthiest neighbourhoods in all regions of the country, those with gold-plated postal codes, where auditors will pore through the tax filings of every well-heeled resident, address by address.

They're looking for undeclared wealth, signs that a taxpayer is actually richer than their income tax filings suggest.

"Comparing someone's lifestyle — cars, boats, houses — to their reported income helps us identify people who are non-compliant," said CRA spokesperson Zoltan Csepregi.

Class warfare, anyone? Or how about a little misdirection to distract people from the real villains of the piece, the corporations?

In fact, the CRA is really not making any effort to conceal their true motives:

"The Postal Code Project also has the potential to demonstrate to the public that the CRA is actively working towards its fairness objective, which speaks to our integrity as an organization."

While not opposed to this measure, Diana Gibson of the Ottawa-based Canadians for Tax Fairness

said it deals with only a small part of the problem.

"It's a good step. It's a small step," arguing that Canada's big corporations are responsible for about two-thirds of the country's tax avoidance problems.

"We applaud it, even if it's small," she said. "It's nowhere near adequate."

While this government-approved misdirection is taking place,(and one would be exceedingly naive to believe the CRA acts independent of government direction) a new report by The Tax Justice Network shows that Canada is, effectively, one of the world’s more attractive “onshore tax havens.”

Every two years, the Network releases its Financial Secrecy Index, which shows how much

a country’s legal system facilitates global financial crimes such as money laundering and tax evasion.

Canada is No. 21 on the list, slightly higher than its 2016 ranking at No. 23. The higher the ranking, the more financially secret a country is.

“It’s a bad exam grade on the state of the country’s financial secrecy laws,” said Arthur Cockfield, a tax law scholar and policy consultant at Queen’s University. “It means that if you’re a crook or a super rich person who wants privacy, then you can use our corporate laws to hide the identity of the ultimate owner of the shares (of your company).”

You can read the details at the above link, but Cockfield draws a damning conclusion:

“The hypocrisy is that Canada is part of the OECD, forcing countries like the Bahamas, like Panama, to change,” Cockfield said. “We use our power to make them change their laws, but that just makes Canada (a) more attractive place for these crooks. We won’t change our laws.”

So, to repeat the question posed in Part 1 of this post, "What is to be done?"

There are some obvious answers, like closing the loopholes that allow this corporate cheating to take place. That is exactly what a strange alliance between the NDP and the Conservatives (politics does indeed make for strange bedfellows) is calling for:

“The system is designed for multinationals and big companies to avoid tax,” said NDP tax critic Pierre-Luc Dusseault in an interview. “The system is the problem.”

And that worm, Conservative finance critic Pierre Poilievre, chimed in:

“Those who have the financial means to set up complex arrangements are always better off under regimes that are highly complex.”

“The smaller, leaner entrepreneurial businesses can’t afford to have large legal and tax accounting departments that allow them to game the system. So they are automatically at an unfair and unjustified disadvantage,”

Do not forget that we are talking about some very, very significant lost tax revenue that the individual has to make up:

In 2016, Ottawa collected $3.50 in income tax from individuals for every $1 it collected from businesses.

The Star/Corporate Knights investigation revealed that Canada’s 102 largest corporations collectively avoided $62.9 billion in income taxes over the past six years. On average, that’s $10.5 billion less per year than if they paid the official corporate tax rate.

It’s also an average of $100 million missing from the public purse per company, per year.

The message about tax cheating is filtering down to the average citizen as well, with

more than 27,000 Canadians [having signed] a petition calling on the government to raise corporate taxes and close tax loopholes.

The petition also asks the government to consider imposing a special levy on banks, which are the country’s biggest tax avoiders.

While the Big Five banks are collecting record profits, their income tax rates have dropped to the point where companies in the banking sector paid 1/3 the rate of other large Canadian companies in 2015.

At 16 per cent, the tax rate paid by the biggest Canadian banks is the lowest in the G7.

Canada is hardly a passive victim of tax avoidance and evasion. It is clearly a facilitator. If Justin Trudeau's speech in Davos about the need for corporations to pay their fair share is to be seen as anything more than his usual pious pontifications, it is long past due that he finally prove that he is no longer interested in giving these entities the free ride they have thus far enjoyed.

Seeking Some Substance - Part 1

In yesterday's Star, Christopher Hume had occasion to call Prime Minister Trudeau the princeling practitioner of the politics of appearance. In light of an alarming shortfall in revenues that is crippling our services thanks to the government's anemic corporate tax policies, that struck me as a particularly apt description.

Indeed, that element of his persona was very much on display for the world to see last week at Davos, where Mr. Trudeau had some stirring words :

"Too many corporations have put the pursuit of profit before the well-being of their workers … but that approach won't cut it any more," Mr. Trudeau told the elite gathering at the chic ski resort of Davos. "We are in a new age of doing business – you need to give back."

Apparently, however, that sternness of tone seemed more designed for public consumption than real-world application. If that is not the case, one has to wonder why Canada appears to be very soft in the corporate taxation department:

In a joint investigation with Corporate Knights magazine, the Star last month revealed the government has never collected a lower proportion of its taxes from corporations than it does now.

In 2016, Ottawa collected $3.50 in income tax from individuals for every $1 it collected from businesses.

The foregone tax revenue is significant:

The Star/Corporate Knights investigation revealed that Canada’s 102 largest corporations collectively avoided $62.9 billion in income taxes over the past six years. On average, that’s $10.5 billion less per year than if they paid the official corporate tax rate.

It’s also an average of $100 million missing from the public purse per company, per year.

So what is to be done about it?

Well, first off, they can start by emulating other countries that have thus far recovered $500 million in unpaid taxes thanks to revelations from the Panama Papers.

The Panama Papers have proved a treasure trove for some countries, with Spain recovering the most unpaid tax so far. Its national revenue agency announced in November a $156-million windfall from taxpayers with hidden funds. Most of that — $128.4 million — came from voluntary disclosures, where the taxpayers came forward themselves following the leak to declare previously unreported income.

The Australian Tax Office said last month it has collected $49 million thus far as a result of the Panama Papers revelations. Australian tax officials snapped to action following the leak, executing 18 search warrants in just a one-week span in September 2016, at one point seizing 170 kilograms of silver bullion and coins.

Even Ecuador, which historically has had problems collecting tax from its citizens, says it has recouped $82.6 million.

Perhaps, not surprisingly, Canada has recovered nothing:

The Canada Revenue Agency maintains it will be at least another 2½ years before it will have an idea of how much it might recoup.

The stark contrast is fuelling criticism of the CRA's effectiveness at catching offshore tax cheats, and comes in the wake of a CBC investigation last month that found few, if any, of the criminal convictions the agency cites in defence of its record actually have anything to do with offshore tax evasion.

In fact, that investigation revealed that small businesses are the most likely targets of CRA wrath:

... Canadians convicted of tax evasion over the past two years are far more likely to be tax protesters or small business people who failed to declare all of their income.

And to make their statistics look better than they are, the CRA

counted each article of the law as a separate conviction.

For example, in the case of New Brunswick-based George's Heating and Plumbing, the agency counted two charges against the business as separate convictions, in addition to the convictions of five employees for having treated personal expenses as business expenses. While they were all part of the same case with the same court file number, on the CRA's list they counted as seven of the 78 convictions.

There is every reason to believe that the hands-off approach to corporate malfeasance, perfected during the Harper years and instilled as an operating ethos in the CRA, is alive and well; the current government apparently has no intention of changing that.

More evidence of this mindset, as well as the ongoing offshore tax evasion being widely practised by Canadian corporations, and what can be done about it, will be addressed in Part 2 of this post.

Trudeau Town Halls: Baubles Of Distraction, Not Questions Of Substance

Prime-Minister-For-A-Day Kim Campbell is probably best remembered for saying, “An election is no time to discuss serious issues.” She might just as well have been talking about town halls, particularly the kind our Prime Minister is currently in the midst of.

Justin Trudeau's meet-and-greet will undoubtedly constitute a public-relations success. That success, however, will be thanks to two things: Trudeau's ease in front of large crowds, and the profound colloquialism and ignorance of the people attending these sessions. It is the latter I wish to address today.

In theory, town halls, being somewhat unscripted, are an opportunity to put the convener on the hot seat. Unfortunately, the topics thus far brought up have been tritely predictable and easily defused, no doubt because they are exactly what the PMO has prepared Mr. Trudeau for. Consider, for example, what was asked at his Sackville gathering. While the questions may be important to the posers, they lack, shall I say, a certain concern for national and international issues that the government is, in my view, badly fumbling. Here are two examples:

Abdoul Abdi’s sister Fatouma Alyaan asked ‘Why are you deporting my brother?...My question to you is if it was your son, would you do anything to stop this?’

And this one:

Why do we have medical doctors who come here from different countries who are unable to integrate into the system?

To be sure, he was also asked about his visit to the Aga Khan's private island retreat, for which Trudeau has been rebuked by outgoing ethics watchdog Mary Dawson, but again, this was a predictable and easily-handled question for which I am sure the Prime Minster was well-prepared.

The questions at yesterday's session in Hamilton were similarly trite and predicable:

Prime Minister Justin Trudeau told a woman heckling him about Omar Khadr during a town hall in Hamilton that he, too, is angry about the multimillion-dollar settlement the former Guantanamo Bay inmate received from the government.

“The anger that some people feel, and that a lot of people feel about the payment the government made to Omar Khadr is real and quite frankly — this might surprise you — but I share that anger and frustration,” he said.

Score another one for good preparation.

Yet I can't help but wonder how Mr. Trudeau would respond if truly important questions were asked of him. Questions like the following:

Why does your government insist on protecting the rights of multi-nationals to sue our government over legislation that might interfere with their profits?

Known as investor-state dispute settlement, it is a mainstay of NAFTA and eagerly sought for the TPP. So far, Canada has been sued five times under NAFTA provisions for trying to protect the environment.

Another question well-worth posing would pertain to the government's continuing support for the immoral Saudi arms deal, arms that have been shown, in contravention of the deal, to have been used against Saudi citizens.

In July, after The Globe and Mail's reporting of conflict in Awamiyah, Foreign Affairs Minister Chrystia Freeland issued a statement saying she was "deeply concerned" and announced a probe of the incident.

The Trudeau government has never released the results of this investigation nor has it explained to Canadians what happened.

These are the questions I would ask on this issue:

Why have you refused to release the report, and why is your government now trying to quash the most recent legal challenge to the deal, an attempt that a federal court judge has rejected?

Finally, I would ask about the Trudeau government' attitude toward tax cheats using offshore havens:

A dozen governments around the world say they've recovered a combined $500 million in unpaid taxes so far thanks to the Panama Papers leak of tax-haven financial records in 2016.

But not a penny of that is destined for Canadian government coffers. The Canada Revenue Agency maintains it will be at least another 2½ years before it will have an idea of how much it might recoup.

When other governments are enjoying considerable success in recovering tax money thanks to the Panama and Paradise papers, why is your government and the Canada Revenue Agency so reluctant to aggressively pursue them?

So those are some of the questions that will likely not be asked at the town halls. God forbid that this government should actually have to make an honest accounting of itself to the Canadian people.

On Tax Fairness

Ed Broadbent recently wrote on the need for real tax reform, calling for an end to the various favours our government bestows on the ultra rich. His thesis was compelling:

Tax avoidance and evasion by the rich ultimately undermines democracy: it starves social programs and public services, increases after tax income and wealth inequality, and further concentrates economic resources in the hands of a few. The overall message to a majority of Canadians is that the rules of the economic game are rigged against them.

He went on to excoriate the Trudeau government for its hypocritical failure to pursue real tax reform:

The Liberals promised change. In their 2015 election platform, they promised to “conduct a review of all tax expenditures to target loopholes that particularly benefit the top 1 per cent.”

But there has been no broad public review in which citizens could participate. And action to date has been limited to stopping abuse of some private corporation rules. Minister Morneau has said he will impose higher taxes on the small number of private corporations that shelter investment assets of more than about $1 million, which is an action that should be supported.

While I did not agree with all of his suggestions, I doubt there would be many who would dispute Broadbent's thesis. In today's Star, readers offer their views on his piece as well as the sickening truths made evident in the recently-released Paradise Papers. Here is but a sampling of their thoughts:

Ed Broadbent writes, “The case for taxing investment income on the same basis as employment income on the grounds that ‘a buck is a buck’ dates back to the Carter Commission of the 1960s when another Liberal government failed to act on it.”

The problem is the ultra-rich are Prime Minister Justin Trudeau’s personal friends and he prefers to run defence for them than to do what is right for the public good.

Former finance minister Allan MacEachen tried to reform the tax system under then-prime minister Pierre Trudeau but, like Carter before him, the government of the day distanced itself from any idea of true reform and let both of these truly honourable men get practically eviscerated by all the real (rich) powers. It’s all about the Golden Rule: “Them that’s got the gold makes the rules.”

Jennifer A. Temple, Welland, Ont.

After decades of tax avoidance by Canada’s wealthy, we now have the exposure in detail of the Panama Papers and the Paradise Papers.

Our current federal government assures Canadians it will restore the principle of tax fairness. Why should Canadians believe this promise? It is the political process and our elected MPs that preserve this economic injustice.

As the Star reported, Parliament and those who bankroll them control the law. It is highly unlikely the wealthy will forfeit their advantage simply because Canadians think it’s unfair.

Talk is cheap and the government won’t move until pushed. I challenge all Canadians to organize a Canada-wide tax boycott. Until tax fairness is achieved, we should refuse to pay any taxes owing, beginning April 2018.

And every MP should be lobbied to support an immediate tax overhaul. Tax fairness can only be achieved by law, not mealy mouthed promises by those concerned only with preserving their own self-interest to the detriment of the rest of us.

Gordon Wilson, Port Rowan, Ont.

Ed Broadbent shines a bright light on the biggest issue of our time: tax reforms that will cut through many complex aspects of our socioeconomic system.

A progressive and clearly defined tax system would address many issues we have been struggling with since the dawn of the 21st century.

We need a tax system that encourages savings and productive investments, while it shifts the tax burden from working people to the wealthy and big corporations. For many years, the middle- and lower-class have been paying taxes while the rich have been taking advantage of it.

A reformed tax system will prevent the creation of generations of wealthy individuals and corporate monopolies, which have taken advantage of societal privileges without paying their fair share. The wealthy have made their money on the backs of the working people.

The Paradise Papers show how the rich, with the help of law firms, have parked 12 per cent of the world’s wealth in offshore accounts, which does nothing to improve the economy. The sheer number and diversity of people and corporations involved in these tax havens is frightening. It is truly like discovering a galaxy of hidden money that public officials have a hand in helping hide away.

Reforming the tax system is possible if there is political will.

Ali Orang, Richmond Hill

Canadians React To The Paradise Papers

If you aren't yet outraged over recent revelations, check your pulse to make sure you are still amongst the living.

Happily, signs of life are plentiful among Toronto Star readers:

Liberal Party fundraisers held family millions in offshore trust, Nov. 6

Coverage of the Paradise Papers’ celebrity tax evaders has tended to revolve around the potential illegality of their actions. For example: how “blind” the offshore trusts of Stephen Bronfman and Leo Kolber actually are. I imagine most Canadians could care less whether Bronfman’s $60-million, tax-free snowball is being managed from home or from offshore. The real issue is, why is it legal in the first place?

The answer, which these leaks are revealing, is that our federal leaders are so beholden to Canada’s richest men — their chief fundraisers — that substantive crackdowns on these schemes are being prorogued. [Emphasis added]

These tax evasions are a spit in the eye to the Liberals’ fabled “middle class,” let alone to the 12 million Canadians who collectively own less than our richest 100 families.

Jeremy Withers, PhD student, University of Toronto

Thank you again for enlightening us on the machinations of the 1 per cent to avoid paying their fair share of taxes. An outstanding editorial. Surely, I am not the only one thinking of voting for the NDP in the next federal election.

Norma Martinez, Toronto

One of the main reasons for U.S. President Donald Trump’s victory was the snail-pace change to the status quo. People are fed up with the failure of governments to act. Whether the Paradise Papers news is based on legal or illegal actions of wealthy people or organizations is irrelevant. We must find ways to finance the needs of the populace and it is evident that this must come from those who have. Unless the current government acts decisively to outlaw these types of actions, Canadians, too, will either not vote or seek alternative populist methods. Justin Trudeau, be warned. [Emphasis added]

Harry Coupland, Etobicoke

This four-page article about offshore tax havens proves the point of American billionaire hotelier Leona Helmsley, who famously said: “We don’t pay taxes; only the little people pay taxes.”

It seems that democracy is on sale. The rich families finance politicians to fight elections and, as a quid pro quo, politicians protect their wealth through favourable legislation.

The article shows how Leo Kolber, a wealthy man who had accounts in offshore money centres, was appointed senator and then became chairman of the Senate’s powerful banking committee. He held back proposed unfavourable legislation on offshore trusts for 14 years.

These multimillionaires are not paying their share of taxes, forcing government to cut back on social services, health care, education, affordable housing, etc. It is estimated that the Canadian government is losing $6 to $8 billion per year in tax revenue. [Emphasis added]

Is it too difficult to force countries like Panama and British protectorates like Grand Cayman, Isle of Man and the British Virgin Islands to stop hiding money for wealthy Canadians.

Anis Zuberi, Mississauga

It is in the public’s interest to take tax avoidance seriously because we now know this is not a one-shot deal carried out by the odd, cunning billionaire, but rather a widespread scheme common among the wealthy.

We can no longer consider tax dodging and offshore accounts to be trivial, when everyone from the Queen to U.S. President Donald Trump’s cabinet are benefitting from them.

It is especially important for lower- and median-income households to care about this epidemic because it is they who suffer from the increased taxation and lack of public funding caused by the millions lost in tax revenue from offshore holdings. [Emphasis added]

It is the vulnerable and the poor who get the short end after this game is played out and it is time they force this issue into the public sphere and demand it be made a talking point.

Benjamin Rawlings, Ottawa

The Point Is

In her latest iPolitics article, Kady O'Maley offers the view that the revelations of The Paradise Papers do not constitute a scandal for Justin Trudeau and his government. And while the Scheer-led Opposition is making every predictable effort to connect non-existent dots, few are suggesting that Trudeau had any personal knowledge of the alleged offences committed by chief fundraiser Stephen Bronfman, who has stoutly denied any wrongdoing.

However, to assert Trudeau's blamelessness in all of this is to look only at the immediate situation, one that Justin undoubtedly made worse with his unseemly and ready acceptance of Bronfman's innocence, about which I posted last evening. The larger implications of the ease with which the ultra rich transfer their money to jurisdictions beyond the reach of the tax man constitute the real threat to our democracy and our way of life.

Recently, I wrote this:

The revelations now in the public arena thanks to the collective efforts of hardworking journalists reinforce a perception that many, many people have held for a long time: the tax system is gamed, and talk of tax fairness is simply convenient posturing that ultimately means nothing. This perception/reality is very damaging to public morale; those who believe in paying their taxes are now being shown that they are, in fact, the patsies for their betters.

Nothing could be worse for those who believe in a society where all of us pay to maintain a social safety net, programs to help the disadvantaged, and a public medical system where no one is turned away because their wallet is too thin. Just more fodder for the rabid right wing, and governments have no one but themselves to blame.

It is a sentiment recently echoed by Thomas Walkom:

... tax havens have proved so embarrassing that they put the entire government revenue-raising machine at risk.

The cost to Canada’s federal treasury of offshore tax havens is estimated at between $6 billion and $8 billion a year. While that may seem a lot of money, when compared to the roughly $300 billion that Ottawa pulls in each year, it is relatively small.

Most tax revenue comes from the broad middle-classes — people who are willing to pay as long as they deem the system fair. Revelations, like those in the Paradise Papers, which detail at an individual level how the wealthy and well-connected get special treatment, break that trust. This threatens the entire fiscal basis of the state.

Put succinctly, no one wants to be played for a fool. And it is that fact that makes the cossetting of the utra rich by governments so dangerous.

In its editorial today, The Star offers this:

The latest revelations from the leak of the Paradise Papers raise troubling questions, not only about government’s failure to collect what’s owed, but also about the power of money to subvert our democracy.

They serve as a reminder that those who can afford to hide income from the taxman can also afford to hire the very best lobbyists to help ensure that, whatever the public interest, governments don’t close the loopholes that allow tax avoiders to get away with it.

There is, of course, a solution to all of this, one that I am not holding my breath waiting for:

The Paradise Papers are doing nothing to soothe those who worry about the unseemly intertwining of money and power in politics or about the extent to which the economy is rigged by the few against the many. The government can do something about that. It can, for instance, close unfair and ineffective tax loopholes and collect what’s owed. Or it can sit back, defend the current arrangements and watch the cynicism grow.

It would be nice to believe that The Paradise Papers will lance the massive carbuncle of complicity that exists between government and business, but like its predecessor, The Panama Papers, it will likely last only for a few more news cycles before being replaced by a feat of political legerdemain that suggests we just move along, as there is nothing to see here.

Not Good Enough

PM Justin Trudeau says he's satisfied with Liberal fundraiser Stephen Bronfman's explanation of his ties to offshore accounts, but Conservative Leader Andrew Scheer calls those remarks inappropriate.

The Prime Minister is either tone deaf, intellectually challenged, or truly and inextricably linked to the values represented by the world of the Bronfmans that he can so facilely accept the reassurance of scion Stephen that everything is above board.

Surely the Conservative Opposition, which I loathe, has a valid point here:


Nothing to see here, indeed.

Behind The Curtain

Ah, Star letter writers rarely disappoint. Truth, rather than political spin, always improves my mood.

Liberal Party fundraisers held family millions in offshore trust, Nov. 6

From Panama to Paradise, we have a tiny glimpse into the realities dictating our lives: aristocrats and power brokers taking aim at record profits while burying the booty in faraway jurisdictions. I remember voting for Prime Minister Justin Trudeau, drinking his Kool-Aid about helping us commoners. Meantime, Trudeau’s friends in high places helped the multi-generational political star with the winning script.

The truth matters not in politics, at least when it comes to speeches. We’re fed lines about a political spectrum, then we are asked to pick a team. The problem is that the rhetoric is irrelevant, it exists only to grease a discourse designed to secure votes. Once power is secured, anything is possible for the people that backed the winners. I’m now of the opinion our prime minister was born into a scheme, his life part of a plan to milk the system.

Mike Johnston, Peterborough, Ont.

The revelations of the Paradise Papers strike deep into the machinations of those corporations and individuals seeking to avoid taxation in Canada. It is estimated that billions per year are lost to the Canadian economy through these tax dodges. The Canadian Revenue Agency (CRA) has to close the loopholes that allow this drain of wealth to happen.

There are so many areas of the Canadian social and economic infrastructure that would benefit from the end of these tax dodges. Now is the time for federal and provincial governments to close the loopholes and bring back Canadian money to Canada.

Don Kossick, Saskatoon, Sask.

First, we had the Panama Papers. Now the Paradise Papers. What we need is the Purgatory Papers: a public list of tax monies recovered and fines levied from persons nefariously using offshore trusts for tax evasion. Otherwise Prime Minister Justin Trudeau’s promise of tax fairness is simply hollow electioneering.

Peter Pinch, Toronto

Paradise Lost

“We don't pay taxes. Only the little people pay taxes.”
-Leona Helmsley

"It is easier for a camel to go through the eye of a needle than for a rich person to enter the kingdom of God.”
- Mark 10:25



This morning's Star gives comprehensive and very comprehensible coverage of the latest peak behind the tax curtain controlled by the ultra wealthy, and it is not a pretty picture, unless you think that greed and tax evasion make for a pleasing tableau.

Distilled to its essence, if I understand the situation correctly, the Bronfman family, through trusted consigliere Leon Kolber, established an offshore trust in the Cayman Islands in Kolber's name. All monies sent were deemed to be 'loans' by the Bronfmans, thereby allowing them to invest in Israeli interests tax free. Kolber's son Charles, now a citizen of Israel, handled things from that end and was rewarded lavishly for those efforts through trust disbursements.

Some will insist, as do the Bronfman lawyers, that there was nothing illegal about this but merely an astute use of extant tax loopholes. However, that explanation doesn't wash because the decisions about the trust (i.e., investment decisions) were made in Canada, not the Caymans, and thus should have been taxed as a Canadian trust.

Why should any of this matter to us? Well, the obvious reason is that our federal coffers were denied much-needed tax revenue, but unfortunately the implications of this scheme, no doubt practised by many of Canada's elite, go well beyond lost tax revenue. What the Paradise Papers essentially show is that the days of the Family Compact are far from over, and that the real levers of power are still being exercised behind closed doors.

To get a sense of that power, one has to go back to the nineties, when Edgar Bronfman was allowed to take $2 billion out of Canada tax free:

...a controversial tax ruling by Revenue Canada in 1991 ... allowed the Bronfmans to move more than $2 billion worth of Seagram Co. stock, held in two family trusts, to the United States without paying capital gains tax. The decision allowed the family to avoid as much as $700 million in taxes.

If you go to the 39-minute mark on last night's National, the disturbing mechanics behind this scandalous ruling are revealed, as Revenue Canada's efforts to block the deal gave way to pressure from the Bronfmans, who threatened to "go over their heads." The stench of political interference and corruption by the Mulroney government of the day is hard to ignore:



The revelations now in the public arena thanks to the collective efforts of hardworking journalists reinforce a perception that many, many people have held for a long time: the tax system is gamed, and talk of tax fairness is simply convenient posturing that ultimately means nothing. This perception/reality is very damaging to public morale; those who believe in paying their taxes are now being shown that they are, in fact, the patsies for their betters.

Nothing could be worse for those who believe in a society where all of us pay to maintain a social safety net, programs to help the disadvantaged, and a public medical system where no one is turned away because their wallet is too thin. Just more fodder for the rabid right wing, and governments have no one but themselves to blame.

I began this post with two quotes. The one by Leona Helmsley encapsulates something far too common amongst the monied: an abject contempt for the larger society within which they prosper, and a complete absence of any sense of obligation toward that society. They really believe that they are our betters.

The second quote, from The Bible, is reflective of the distance that great wealth can create from "the kingdom of God," that kingdom, in my interpretation, being a state of spiritual attunement with our fellow human beings. If we are not aligned with other people and have a sense of shared humanity, we cannot hope to have access to transcendent reality, whatever it ultimately is.

The ultra rich may have great wealth, but in other ways they are deeply and fatally impoverished.

The Paradise Papers

The prospect of real tax reform in Canada just got a lot dimmer. Today's release of the Paradise Papers suggests why.

CBC News is reporting this about Justin Trudeau's chief fundraiser, Stephen Bronfman:

In the early summer of 2015, Justin Trudeau was the star attraction at a private fundraiser in Montreal hosted by philanthropist and financier Stephen Bronfman.

Bronfman, an heir to the Seagram family fortune and a close Trudeau family friend, was revenue chair of the Liberal Party. That day, according to news reports, the two men raised $250,000 in under two hours.

Within weeks, the Liberals would launch their federal election campaign, sweeping to power on a "Real Change" platform that focused on the middle class and a promise to tax the rich.

"Our government has long known — indeed, we got elected — on a promise to make sure that people were paying their fair share of taxes," Trudeau said shortly after his election victory. "Tax avoidance, tax evasion is something we take very seriously."

But an investigation by the CBC, Radio-Canada and the Toronto Star has found that Bronfman and his Montreal-based investment company, Claridge Inc., were key players linked to a $60-million US offshore trust in the Cayman Islands that may have cost Canadians millions in unpaid taxes.

It's a 24-year paper trail of confidential memos and private records involving two prominent families with Liberal Party ties that experts say appear to show exploitation of legal tax loopholes, disguised payments and possible "sham" transactions.

You can read much more at the above links.

Enemies Of The People

I hardly think that is too harsh a description of both those who park their money offshore to avoid taxes and those who facilitate such evasions. Indeed, an open letter signed by some of the world's leading economists makes the cost of such selfish and criminal behaviour eminently clear:

As the Panama Papers and other recent exposés have revealed, the secrecy provided by tax havens fuels corruption and undermines countries’ ability to collect their fair share of taxes. While all countries are hit by tax dodging, poor countries are proportionately the biggest losers, missing out on at least $170bn of taxes annually as a result.

... we are agreed that territories allowing assets to be hidden in shell companies or which encourage profits to be booked by companies that do no business there, are distorting the working of the global economy. By hiding illicit activities and allowing rich individuals and multinational corporations to operate by different rules, they also threaten the rule of law that is a vital ingredient for economic success.

To lift the veil of secrecy surrounding tax havens we need new global agreements on issues such as public country by country reporting, including for tax havens. Governments must also put their own houses in order by ensuring that all the territories, for which they are responsible, make publicly available information about the real “beneficial” owners of company and trusts.

The impact of such behaviour is felt everywhere, but never more than in developing countries:

... while estimates put the cost to Canadian tax coffers at between $6- and $7.8-billion per year, the effects on developing countries is far greater, said Haroon Akram-Lodhi an economist and professor of international development at Trent University.

“The amount of capital flight from sub-Saharan Africa is absolutely huge and it’s all going into these tax havens,” said Akram-Lodhi, one of the signatories of the letter. “This is reducing the ability to fight poverty on a global scale.”

Will governments merely go through the motions of doing something, and then go back to the old ways once the fierce glare of the public subsides? I don't know, but I am somewhat dubious of any substantive changes, since the rich and powerful are, well, rich and powerful.

Now that a searchable database is online, this interview with The Star's Marco Chown Oved sheds some light on what can be found there:



One hopes against hope that real change is in the offing.

Wisdom From A 91-Year-Old

Don't worry. This is not one of those bromides on how to live a long and happy life. It is, however, a realistic recipe for social cohesion and progress. The letter, from Joy Taylor of Scarborough, was published in today's Toronto Star:

Today I turned 91. My friends and I celebrated with laughter, and good food. How lucky I am to have had such a good life. I wish that everyone could be as lucky as I.

I often think of the working poor. I think of their struggle to try to make ends meet. I think of the children not having enough to fill their stomachs and no second helpings at mealtime. Of going to bed hungry. Living in places that should be condemned. No TV, no sports or hobbies of any kind to help overcome the sadness and dreariness of their lives. They struggle with education. Some turn to crime.

I think of CEOs and bankers and wealthy people in general. They lack for nothing. Their interests lie in money. Making it, saving it and how to avoid paying taxes.

Many of them admit that they could never exist in the lives of every day people. They are not aware of how some people live — they avoid thinking about them. I cannot avoid thinking of them.

Is it a fantasy or could all Canadian families be given a chance at a decent life. Working people could earn a wage that allows them a decent place to live, good food and education for the children. Those unable to work could be well looked after and not despised by society.

If everyone paid their fair share of taxes and worked together with a major plan, just think that we could become the most perfect country in the world. The envy of people everywhere. It is possible.

Maybe this is what we were intended to do before it is too late. If not, perhaps a meteorite will carry us off to begin again until we get it right.

Millions of dollars is such a waste, lying offshore when it could be helping Canadians realize that there is a better living for us all. Why don’t we try it. We may learn to like it.

A More Realistic Appraisal of Jim Flaherty

If, like me, you were rather appalled by the hypocritical yet predictable enconiums offered to Jm Flaherty by his political foes, you will likely enjoy this letter from Ottawa Star reader Morgan Duchesney, who renders a far more realistic appraisal of the departing Finance Minister:

Re: Chance for a fresh start, Editorial March 19

As Jim Flaherty retires to “private life,” I wish him a speedy recovery from his lingering illness. Missing from the goodbye accolades is any mention of Flaherty’s greatest failure. Whether sick or healthy: Flaherty lacked the will to take any serious steps to collect the billions in unpaid taxes that sit safely in foreign tax shelters.

Flaherty’s tired excuse about not wanting to punish “job creators and innovators” is a bit threadbare in light of abysmal levels of corporate investment in Canada. If Canadian corporations are operating overseas while shifting profits to low-tax jurisdictions, exactly who is benefiting and just how “Canadian” are these companies if they employ foreigners and only benefit arms-length stockholders?

I challenged Flaherty’s flimsy logic whereby pursing elite tax evaders will increase the likelihood of capital flight, higher consumer prices and corporate bankruptcies. The possibility of these eventualities raises an interesting question: what do corporations receive in exchange for their taxes?

Perhaps defenders of offshore tax shelters and corporate tax cuts forget that taxes pay for education, health care, infrastructure, public administration, law enforcement and the military. Without these programs there could be no business and large businesses benefit exponentially from tax-funded public services.

Beyond the fact that he has been busy turning Canada into a tax shelter; there is a more practical reason for Flaherty’s tax shelter reticence. I expect Flaherty, like his colleague Jim Prentiss; will resurface as a banking executive. To complete the circle; his replacement, Joe Oliver shifted from investment banking to the world of politics. Perhaps it is time for some fresh ideas at Finance?

Harper Lies: The Dismal Truth About Corporate Tax Evasion

My friend Gary recently alerted me to this, which should sicken all Canadian citizens. It is a story of corporate greed, massive amounts of lost tax revenues, and a government that aids and abets both. After viewing it, be sure to read the missive from Star letter-writer Robert Bahlieda that follows, and think about it when you hear the empty rhetoric from the Harper cabal about its 'tough on crime' agenda:



Recently, a Global TV investigative report on offshore tax havens indicated that as much as $20 billion of uncollected taxes are owed by major Canadian corporations and other wealthy individuals who employ these tax loopholes to evade/avoid taxes in Canada.

To add insult to injury these same individuals are given generous tax credits for moving their businesses offshore, leading many corporations like Gildan and the Toronto-Dominion Bank to pay little or no taxes year after year while making millions and billions in profits. This is not new — it has been going on for decades and there are thousands of companies doing this.

In effect, the Canadian government is subsidizing Canadian companies for moving jobs offshore to other countries, killing jobs in Canada and raising everyone else’s taxes in the process while implementing austerity measures here to supposedly stimulate the economy.

The final insult is all this is legal. While federal Finance Minister Jim Flaherty talks a good game on tax cheats, it appears he has intentional blindness about these egregious abuses of his own tax policy and no interest in pursuing his corporate friends.

Even more disturbing is the complete lack of interest and deafening silence on this important issue by government, business, academia or the public and particularly the media as indicated by the recent headlines. The antics of Rob Ford, senators like Mike Duffy who have evaded a few thousand dollars or selected abuses by a few nursing homes are deemed to be a more salacious and newsworthy headline than $20 billion in missing tax money owed by the corporate elite of Canada.

The self-righteous opposition parties are also silent on this issue. Better not to bite the hand that feeds them. Academics and economists who regularly opine on the abuses of unions have nothing to say about this unrealized multi-billion dollar tax windfall.

The massive amount of money owed by these upstanding Canadian tax cheats is a serious issue and should be top of the agendas of all in Canadian society. It is unfair, unjust and illegal despite what the tax law says. These “loopholes” (a polite term for legal corporate tax fraud) are quietly put in place and ignored by governments of all stripes to maintain their cozy relationships with powerful big business interests who have them in their hip pockets.

This is how capitalist democracy works. Powerful special interests lobby the government to get special treatment that ensures they remain powerful special interests. Meanwhile we prevaricate about increasing the Canada pension by a niggling amount or introducing a Guaranteed Income Supplement that would massively reduce social support costs in the long run, saving taxpayers additional billions.

Capitalist economics isn’t about making democracy work better, its about making it work better for the select few. Let’s start getting angry and take action on things that really matter in this world and relegate Rob Ford and the Senate scandal to the comics section.

Robert Bahlieda, Newmarket

A Rogue's Gallery

Just two pictures, so perhaps not a real gallery, but I think the descriptor is accurate.

More On Wealthy Tax Cheats

As noted in a previous post, many of our more prosperous citizens feel no obligation to the country that made their great wealth possible. Rather, they are quite happy to hide it in offshore financial institutions, which, while being ethically questionable, is not illegal. However, many of them are also committing crimes by not declaring profits that accrue to them in those faraway places, and tax evasion is most definitely illegal.

Today's Star readers weigh in on the issue in their usual insightful manner. I am taking the liberty of reproducing their letters below:

Rich can no longer hide millions; Crack down on tax havens, Editorial, April 5

Regarding the recent articles about tax havens and governments world-wide saying they will now put more effort into getting those public monies back from the super-affluent. Well, the world’s supposed democratic governments have been aware of these billions of dollars illegally absconded by the rich and powerful for a long time. It has only been through the efforts of private citizens (journalists, authors, the Tax Justice Network) that this information has become common knowledge. Why is it that, as the editorial states, “. . . until recently there has been little political will to crack down on the super-affluent”?

The U.S. Republican party, our own Conservative government and democratic governments world-wide have been crying their “austerity” mantra ad nauseam, claiming massive shortfalls in revenues as their reason for cannibalizing tax-funded social programs. Yet they cogently and deceitfully failed to mention or address the flagrant abuse (tax evasion) by the world’s 1 per cent in causing these monetary shortfalls. Collusion between our elected officials and the super-rich is common knowledge. So now the question is why do the super-affluent and their political lackeys seem so determined to undermine the finances, wealth, health and security of The People (99 per cent) in our democratic systems of society?

Al Dunn, Kingston

Any Canadian with money in tax havens should be treated like the holders of accounts in Cyprus banks — charge them 60 per cent when they are found out. Tax havens should be made impossible through international laws. They work to the detriment of society.

Tony ten Kortenaar, Toronto