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

Free Trade Is Never Free

While it is beginning to look like International Trade Minister Chrystia Freeland's departure from CETA negotiations was more of a ploy than the end of talks, the hiatus at least gives Canadians the opportunity to once more reflect on its dangers, the same dangers that afflict other so-called free trade deals.

The fact is, free trade is never free. The surrender of sovereignty rights, about which I have written previously, is probably the most insidious aspect of such deals, given that corporations are granted the right to sue if national or subnational governments pass legislation that affects a corporation's right to make money. That includes legislation to protect the environment or mitigate climate change.

An analysis of the Trans Pacific Partnership yields this chilling truth:

"The Investor State Dispute Settlement (ISDS) mechanism included in the TPP investment chapter grants foreign investors access to a secret tribunal if they believe actions taken by a government will affect their future profits. This provision is a ticking time-bomb for climate policy, because many government policies needed to address global warming are subject to suits brought before international investment tribunals. ...Other TPP chapters like the one covering trade in goods can be the basis for state-to-state suits challenging climate policies."

Here in Ontario, citizens were recently reminded of the consequences of corporate displeasure via the NAFTA investor dispute settlement provisions. Opting for some sober second thoughts, the province decided to put a moratorium on offshore wind turbine development, a pause that did not sit well with Windstream Energy LLC, the American company that had signed a $5.2 billion deal with Ontario. A fine of $25 million has been imposed after Windstream invoked its investor rights that were granted under NAFTA, but the fine is a mere precursor to future action.

At the end of September, a panel convened by the Netherlands-based Permanent Court of Arbitration awarded $25.2-million in damages and almost $3-million in legal costs to Windstream, saying the province broke rules under the North American free-trade agreement when it put a moratorium on offshore wind developments in February, 2011, effectively scuttling the Windstream project.

The deal is still considered to be in force, and Windstream has every intention of making sure it comes to fruition:

“We have a contract here, and contracts don’t go away,” [Windstream director David] Mars said, even though the moratorium on offshore wind is still in effect.

In other words, taxpayers will have to brace themselves for further, much deeper compensation to the company in the future, unless Ontario gives in to the extortion NAFTA has made possible.

And despite free-trade cheerleader Freeland's ceaseless chatter about making the investor dispute settlement process more transparent, the unalterable fact is that the right of corporations to sue governments remains solidly intact.

I'll leave the final word to Noam Chomsky who, in this brief video, reminds us of some inconvenient truths we would do well to never, ever forget:

The Panama Papers

Marie over at A Puff of Absurdity offers a very good overview of something that is certain to have long-lasting reverberations, The Panama Papers. Be sure to check out her post.

The Toronto Star reports the following:

In the largest media collaboration ever undertaken, more than 370 journalists working in 25 languages dug into 11.5 million documents that revealed Mossack Fonseca’s [a Panamanian law firm renowned internationally for establishing shell companies] inner workings and traced the secret dealings of the firm’s customers. The more than 100 news organizations involved shared information and hunted down leads generated by the leaked files using corporate filings, property records, financial disclosures, court documents and interviews with money laundering experts and law-enforcement officials.

Significantly, the only Canadian media organizations to participate in the consortium undertaking this massive investigation are The Toronto Star and the CBC/Radio Canada. At least someone in our country is concerned about the public good.

Why is this such an important investigation? First and foremost, it identifies a panoply of individuals and companies whose main motivation is tax avoidance. Their allegiance to themselves and, in the case of corporations, their shareholders, is paramount.

It should be stressed here that the vast majority of those involved in these schemes are doing nothing illegal, merely taking advantage of loose tax laws that permit such avoidance. But to me, this points to an incontrovertible truth about some wealthy individuals and many corporations: they feel no obligation to pay the country of their residence their fair share of taxes. In other words, they are putting their own financial security and profits above the land that nourishes and hosts them, the land that provides them with an educated workforce and the infrastructure that make their wealth possible.

And that should serve as a cautionary tale of great magnitude as we contemplate, for example, signing both the CETA and TPP free trade deals. The Investor-State Dispute Settlement provisions of such trade agreements give priority to corporations over state sovereignty so that should a country's laws impinge upon a company's profits, that company can sue the government. Given that The Panama Papers will confirm that loyalty and patriotism are concepts foreign, indeed, inimical, to those who pursue profit at almost any cost, there is surely reason for real caution.

The investigation is a wake-up call for governments to amend tax laws that in fact aid and abet theft from national treasuries. Here at home,

... Canadians have declared $199 billion in offshore tax haven investments around the world, according to Statistics Canada.But experts say that figure is a small fraction of the Canadian offshore wealth that goes undeclared.

The precise annual cost to Canadian tax coffers is unknowable. But credible estimates peg Canada’s tax losses to offshore havens at between $6 billion and $7.8 billion each year.

One need not have an especially rich imagination to consider how an increase in federal coffers of that size could be used for the benefit of all.

Every so often, thanks to circumstance and the indefatigable efforts of investigative journalists, the curtain is pulled aside and we are able to get a peek at an underlying and ugly reality. Ours is a world in which selfishness and evil often prevail, thanks to the complicity of far too many and the shield of darkness behind which much of this takes place.

Perhaps The Panama Papers can help to bring some much-needed light and eventual reform to this shameful and unjust state of affairs.

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

Remembrances Of Things Past (And Present)

I suspect it is only the very young and the profoundly naive who believe that justice is blind, that all are treated equaly under the law. While a pleasing fiction that governments like to perpetuate, nothing could be further from the truth.

Consider the latest revelations about the Canadian Revenue Agency's shoddy hypocrisy, begun under the Harper regime but showing no signs of abatement under the Trudeau government.

The Canada Revenue Agency offered amnesty to multi-millionaire clients caught using what's been called an offshore tax "sham" on the Isle of Man — a reprieve that was supposed to remain secret and out of the public eye until it was uncovered by a CBC News/Radio-Canada investigation.

Canada Revenue officials demanded, and offered, secrecy in a no-penalty, no-prosecution deal to high net worth clients of accounting giant KPMG involved in a dodgy offshore tax scheme.

The amnesty allows for "high net worth" clients of the accounting giant KPMG to be free from any future civil or criminal prosecution — as well as any penalties or fines — for their involvement in the controversial scheme.

The clients simply had to agree to pay their back taxes and modest interest on these offshore investments, which they had failed to report on their income tax returns.

While this might come as no surprise to many, what compounds this egregious injustice is the fact that the CRA is far less forgiving of ordinary people, many of whom, through no fault of their own, found themselves the victims of very punitive CRA action:

Toronto tax lawyer Duane Milot, who represents middle-income Canadians in disputes with the CRA, says his clients are routinely dragged through the courts for years by Canada Revenue.

"It's outrageous," he told CBC News after reading the leaked document. "The CRA appears to be saying to Canadians, 'If you're rich and wealthy, you get a second chance, but if you're not, you're stuck.'"

Just how much contempt the CRA feels for non-wealthy people is evident in the first four minutes of the following report:



Will relief for such iniquitous inequity be forthcoming from our 'new' government? In his finely-honed prosecutorial style, Thomas Mulcair asked some hard questions of the Prime Minister in the House. I was less than reassured by the answers he was given:


I couldn't help but note that in the response he gave, Mr. Trudeau sounded alarmingly like his predecessor, deflecting the questions by criticizing the questioner and then launching into some pious platitudes.

It seems that in some ways, our new government is getting old very quickly. Consequently, the CRA's foul practices continue apace.

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.

Panama Papers Aftermath

While the revelations thus far about offshore holdings for the purpose of tax avoidance or evasion have provided us with a glimpse into the lives of those well beyond our pay grade, whether or not they have any lasting effect depends largely, not on the reactions of you and me, but rather those of the world's governments. And while public outrage may be high right now, whether those governments will simply ride out that outrage with sanctimonious promises to "go after the tax cheats" and do little, or enact substantive measures to curb this most foul and unpatriotic practice, remains to be seen.

Canada seems to be promising action, with National Revenue Minister Diane Lebouthillier promising substantial resources to go after those who put their own extreme personal wealth above the common good:

With an extra $444 million promised in the March budget, the CRA plans to hire additional staff to target what it dubs “high-risk” taxpayers and corporations. In return, the agency expects to collect an additional $2.6 billion in tax revenues over the next five years.

It also plans to boost its information technology capabilities to better sort the overseas financial transactions to detect tax fraud. The agency already tracks all financial transactions worth more than $10,000 — about a million a month.

Now it plans to focus its attention on all transactions involving individual jurisdictions known to be tax shelters — starting with the Isle of Man, off the west coast of England. Three other jurisdictions will also be targeted this year but agency officials refused to say which ones.

While all of this appears to be a good start, a couple of things puzzle me. It is estimated that between $6 and 7.8 billion is lost to our treasury annually through undeclared offshore holding. Yet, our government is promising only that the initiatives announced will collect an additional $2.6 billion in tax revenues over the next five years. Huh?

Secondly, our government has announced which offshore haven it will be examining first, the Isle of Man:

The first is the Isle of Man, which past transactions involving some KPMG clients have already been flagged by the agency. Quebec Liberal MP François-Philippe Champagne said $860 million in funds were transferred there in the last year along. Sixty audits already underway in relation to investments held in the Isle of Man. The CRA intends to contact another 800 taxpayers and corporations to obtain more information about their holdings.

Now, I know nothing about the arcane world of tax evasion and avoidance, but is it possible that by signaling its intent, the government is also giving the fiscal malefactors an opportunity to move their lucre to other havens not currently under the CRA's scrutiny?

I think these are legitimate questions to ask, given the fact that the CRA has previously treated tax scofflaws with great consideration. A Star editorial provides reasons we should be a bit cynical:

...while agencies such as the CRA and the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC) are happy to name the small fish they catch breaking the laws and regulations, that hasn’t always been the case with bigger fish.

Just last week FINTRAC, which tracks money laundering and terrorist financing among other things, announced it had levied a stiff $1.1-million penalty on a Canadian bank for failing to report a suspicious transaction and various money transfers. But it declined to name the institution involved. Meanwhile it is busy naming players who have been slapped with fines of $15,000 or less.

And CRA has drawn criticism for quietly offering an amnesty deal to unnamed multi-millionaire clients of the KPMG accounting firm who were allegedly involved in tax avoidance on the Isle of Man. The Canadian Broadcasting Corp. reported that the group was required by CRA only to pay back the taxes they owed, plus interest. Yet the CRA routinely prosecutes and names people who fail to file tax returns or otherwise run afoul of the law.

For more details about how the CRA has one approach for most of us and another for the monied class, click here; you may also want to watch the following video:



To close, I'll leave you with this excerpt from the Star editorial that likely sums up how so many of us feel:

If the government hopes to “give Canadians greater confidence that the tax system is fair to everyone,” its agencies should be prepared to publicly name offenders. Cutting deals to spare Ottawa the trouble of prosecuting, or to preserve the “good name” of financial institutions and their wealthy clients, isn’t going to reassure anyone other than the scofflaws themselves.

Ottawa shouldn’t be in the business of shielding those who have gone to extraordinary lengths to insulate themselves and their assets from public scrutiny.

Star Readers Weigh In

I like to regularly post letters-to-the-editor that hit targets concisely and precisely. The following meet those criteria.

On the subject of the Pandora Papers, her is what one writer thinks:

Naive to think any changes will come of Pandora Papers

• Toronto Star
• 10 Oct 2021

Re Opening the Pandora Papers and what they reveal, Oct. 4

As your research on the Pandora Papers shows, Canada has been and continues to be a tax haven for laundered money on both the provincial and federal level with its lax laws. Provinces don’t require residency or even basic identification to register a company, and the end result is millions of illicit money is placed in real estate.

It is not surprising that, on the federal level, billions are placed into offshore accounts.

Much of these activities can take place because of the legal loopholes that allow criminals, millionaires, and corporations to stash billions in offshore accounts around the world.

Since the publishing of the Panama Papers in 2016, not a single charge has been laid.

It would be totally naive for anyone to think that those identified by the Pandora Papers will face consequences.

Canada and the rest of the world needs to close loopholes that allow billions to be stashed in offshore accounts, leaving hard-working Canadians and citizens of other countries shouldering the bulk of the tax burden.

These loopholes allow the rich to continue becoming richer while the rest pay the price. 

Sheila Gaal, Toronto

 A flurry of letters attest to the public reaction of disgust over the insane opposition to vaccines and certificates:

Freedom comes with obligations

• Toronto Star
• 9 Oct 2021

RICHARD LAUTENS TORONTO STAR

A vaccination protester was arrested after refusing to leave nurses alone as the Ontario throne speech was delivered.

Is there no end to anti-vaccination characters complaining about tyranny and coercion of people to get vaccinated?

One argument turns on being forced to get vaccinated or losing their job; if I lose my job, who is going to put food on my family table?

The question they should be asking is: if I don’t get vaccinated and contract the virus and spend weeks or months in hospital or even die, who is going to put food on my family table?

The part that anti-vaccination folk are missing is that, with freedom, come certain obligations. The society you are part of is asking you to step up and join your fellow citizens in an effort to quash the pandemic that has cost thousands of lives in Canada and millions worldwide.

Don’t complain that restrictions, such as the requirement to show a vaccination certificate, make you a second class citizen if you are not vaccinated!

If your definition of freedom is “I do what I please and to hell with everyone else,” then you are a second class citizen all of your own making.

Francis Zita, Scarborough

Venues that follow vax rules deserve support

Re Ontario must enforce its Covid rules, Oct. 2 

Eighty-three per cent of the population has stepped up and been doublevaxxed. It’s time for the majority of us to enjoy our freedom.

And it’s time for the 17 per cent to endure the restrictions that their ignorance has caused.

Stop pandering to the minority! We’ve been a divided community since the vaccine became available.

A vaccine certificate didn’t suddenly become the cause for division in our society.

It’s too bad our premier doesn’t recognize this; so many deaths and hospitalizations could have been prevented.

I am proud to support venues that follow the rules, and will certainly avoid those that flout them. I am certain I am not alone.

Linda Saxe, Toronto

Following COVID-19 rules good for business

No one wants to see businesses like gyms and restaurants suffer any more unnecessarily, but the requirement for proof of vaccination for entry is a necessity, and any owner who openly declares that the rules do not apply at their establishment needs to pay the price

And this disregard to the rules demands a big price be paid.

The unvaccinated are many, but still a minority, so, if the owner feels motivated to cater to the minority of his clients, the majority of them who are the vaccinated will likely stay home.

How is that good for business, never mind the obligation we all have as part of society to protect each other with every tool available against the scourge of COVID-19?

Margaret Perrault, North Bay, Ont.

Kids routinely vaxxed, so why raise objections?

Go to school? Get your shots!, Sept. 26

The problem with this selfish, misinformed bunch is that they are too young to remember all the previous health challenges their ancestors had to live through, and defeat.

Smallpox, diphtheria, polio, not to mention measles, rubella, mumps, all of which are controlled by … vaccines.

All school children get their measles, mumps and rubella vaccination and diphtheria, pertussis (whooping cough), and tetanus vaccination.

These anti-vaccination people all had these when they were children.

Yet they insist on listening to the those who spread unscientific misinformation and blame the various governments with infringing their rights.

The only right, when it comes to pandemics, is the right to do the right thing to protect themselves, their kids, their parents and their neighbours.

Roll up your sleeves and help defeat this disease!

George McCaig, Kitchener

Ontario needs system for reviewing exemptions

Re NDP leader calls out PC vaccine exemptions, Oct. 5

The recent furor over medical exemptions given to two government MPPs reminded me that, according to the news, medical exemptions in PEI must be approved by that province’s chief medical officer. Granted, there is a huge difference in scale between PEI and Ontario, but it illustrates the need to have those exemptions vetted by someone other than one’s own family doctor.

This is a matter of public health, and should be reviewed accordingly, with questionable exemptions reported to the Ministry of Health as well as to the College of Physicians and Surgeons.

The knowledge that such decisions of family doctors would be reviewed would ensure exemptions would only be granted for specific and relevant medical conditions.

Doug Lewis, Clarington

UPDATE: A Lack Of Appetite: The Canadian Government, The CRA, And Tax Avoidance

 

While I have written extensively in the past about tax evasion and avoidance in light of the revelations of both the Panama and Paradise Papers, I felt it was time to do an update. To summarize what I wrote previously, there has been a striking reluctance on the part of our government, compared to other jurisdictions, to go after the entitled who have sheltered so much income in offshore accounts.

Consider, for example, France. as reported in La Monde.

Seven years [after the Panama Papers release] and hundreds of audits later, France has already recovered €195.5 million in tax revenue for the state budget... 

Rendered invisible in offshore arrangements, this money corresponds to 219 taxpayer files, both individuals and companies, caught in the net of the Panama Papers. It's the sum of all financial audits completed by December 31, 2022, as well as regularizations made.

This sum

place[s] France in the club of five countries to have recovered more than €100 million in taxes and penalties thanks to the Panama Papers, along with the UK, Germany, Spain and Australia.

Moreover, the cumulative amount recovered is greater:

All told, from the Offshore Leaks (2013) to the Pandora Papers (2021), the sum recovered today stands at over €450 million. However, this figure will remain incomplete until all checks have been completed.

By contrast, it would appear that the pursuit of tax scofflaws by Canada has been far less vigorous. While is is difficult to find any current reports, two Senate of Canada reports do not paint a rosy picture. The first, from 2019 and written by Senator Percy Downe, has this to say:

The Canada Revenue Agency (CRA) is up to its old tricks: misleading Canadians and not upholding its responsibilities to collect taxes owed to our country by those hiding their money overseas. When tax cheats are not caught, charged and convicted, and money owed isn’t collected, we have less money to invest in our priorities while the rest of us pay higher taxes to make up the shortfall.

Why the federal government allows this state of affairs to continue year after year remains a mystery. The government talks tough, “overseas tax evasion is a high priority”, “we will catch you if you cheat” and other reassuring words. Their results, however, speak for themselves: they have none.

Recently, on the third anniversary of the release of the Panama Papers, we learned that other countries have recovered more than $1.2 billion dollars in fines and back taxes. Australia has recouped $92,880,415, Spain is counting $164,104,468 in their coffers, the United Kingdom has recovered $252,762,000, and even tiny Iceland was able to recover $25,525,959. Some 894 Canadians (individuals, corporations and trusts) were revealed to have accounts in the Panama Papers, but Canada’s Revenue Agency hasn’t recovered a dollar.

A second piece by Downe, written two years later, reported no progress. 

In the immortal words of the Parliamentary Budget Officer, "there are hundreds of millions, if not billions, of dollars in taxes that go undeclared, unreported and that escape Canadian tax authorities, probably on an annual basis...”

The Canada Revenue Agency (CRA) has failed when it comes to collecting any of this money hidden overseas. Notwithstanding the CRA’s highly effective domestic tax collection, they have been an utter disaster on overseas tax evasion. Canadians are allowed to have accounts overseas but it is illegal not to declare the proceeds of those accounts.

This inaction costs all of us, considering how the foregone tax revenue would provide a healthy injection into a myriad of much-needed programs in Canada. 

In Canada, there is no risk to hiding your money overseas because your chances of being charged or convicted range from slim to none. The "hundreds of millions, if not billions, of dollars in taxes that go undeclared ... probably on an annual basis” identified by the PBO will not, by itself, solve our financial problems — but it will go a long way to restore prosperity for Canadians.

The failure to collect taxes owed undermines confidence that everyone is being treated equally. If we are all in this together, then we all pay taxes. Otherwise, there is special treatment for some Canadians with the resources to hide their money, while the rest of us must pay more to make up that shortfall.

There is much work to do. Since nothing else has worked, it’s time for solid action rather than empty words from the Government of Canada.

One is naive to believe that the CRA is truly independent of government influence. One may recall, for example, that Stephen Harper siced it on NGOs that were critical of his government, and despite the promising rhetoric at the beginning of Justin Trudeau's tenure, it is clear that certain entities (think corporate and individual titans) are essentially off-limits. 

I have said it several times here, that Mr. Trudeau has never met a powerful entity he doesn't admire. Perhaps he picked it up through his upbringing or his reported forays to Davos to meet with the world's elite. 

One thing is undeniable, however. His bromance is costing the rest of us plenty, both in terms of a loss of faith in the fairness of our tax system, and the underfunding of programs that could benefit all of us, if only we had access to Canadian elites' tax on their concealed wealth.

UPDATE: The G20 wants to impose a minimum global tax on billionaires. Keir Starmer, Britain's Labour leader, promises no new taxes on the wealthy if elected. I suspect Justin Trudeau shares Starmer's aversion to holding the ultra wealthy to account.

 

 

The Scourge of Wealth- UPDATED

I often think of the famous line from the New Testament in which Jesus says "It is easier for a camel to go through the eye of a needle than for someone who is rich to enter the kingdom of God." Some say the reference is to a gate in Jerusalem called the Needle''s Eye through which a camel could enter only by getting on its knees. Many progressive biblical scholars regard the term 'kingdom of heaven' as the inner peace and happiness that arises when we are in harmony with the will of God, treating our fellow humans with compassion and justice.

Whatever the precise intended meaning, the analogy proclaims a truth that is hard to deny: the more affluent one becomes, the more difficult it is to resist the impulse to expand that wealth at the expense of others. This is, of course, a truth that the Occupy Movement recognized, and it is a truth that is getting widespread exposure thanks to recent news stories. For example, prominent Canadian lawyer Tony Merchant and his wife, Liberal Senator Pana Merchant, have been discovered to have set up an offshore account with $1.7-million in the Cook Islands.

According to documents obtained by the Washington, D.C.-based International Consortium of Investigative Journalists, the Merchants were among 130,000 people from around the world to have stashed money in accounts in the Cook Islands, a self-governing New Zealand territory in the South Pacific.

While there is nothing illegal in such set-ups, they are often used as mechanisms of tax avoidance, usually through the illegal failure to report income accruing from those assets. According to the Consortium of Investigative Journalists,

A recent report by the Tax Justice Network found that the equivalent to the total combined GDP of U.S. and Japan is being hidden away by those rich enough to use offshore accounts.

As revealed in today's Star editorial,

The Tax Justice Network, based in London, estimates that some $21 trillion to $31 trillion is stashed away worldwide in unreported income. That’s a potential tax loss of $190 billion to $280 billion, based on a 3-per-cent return and assuming a 30-per-cent tax rate, the network reckons. The “black hole” of unreported wealth is vast and it has a major impact on public finances, political influence, the distribution of the tax burden and inequality.

Will these crimes of tax avoidance soon be addressed? While the editorial acknowledges that Jim Flaherty has recently declared his intention of going after these tax cheats, the fact is that the Canada Revenue Agency is expected to be substantially downsized over the next three years, calling into question the Finance Minister's sincerity. And the editorial makes clear how serious a problem this is for our country:

Canadians for Tax Fairness, a group that campaigns for sharing the burden equitably, estimates affluent Canadians have stashed $160 billion into offshore havens, costing us nearly $8 billion a year in foregone tax revenues. That’s many times what Ottawa hopes to recapture. And even that may understate the problem.

All of which brings to mind something Leona Helmsley once said: “We don’t pay taxes. Only the little people pay taxes.” Her view, I suspect, epitomizes the kind of disdainful and contemptuous thinking that many of the rich in their splendid isolation fall prey to. We should be equally wary of their enablers.

So I think we are right to be very suspicious and cynical about Ottawa's intentions. Recovering billions in tax avoidance dollars might not only disrupt its very cozy relationship with the corporate world, but also derail the Harper regime's relentless drive to reduce government's presence by starving it of the tax revenue needed to fund the many programs that help to define the Canadian quality of life, a quality of life that may not resemble that of the rich and famous but does frequently offer surprising and profound moments of grace.

H/t Alex Himelfarb

UPDATE: Click here for Linda McQuaigs lacerating assessment of the Harper regime's 'efforts' at recovering the aforementioned lost monies.

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.

The Perspective Of Age

I suspect that much of the wisdom attributed to old age is the perspective that the years bestow. Having lived a certain length of time, it seems inevitable that people will more easily see through rhetoric and facades, much of them perpetrated by democratic governments who claim to represent the interests of the people. One example would surely be Tax Information Exchange Agreements (TIEAs) involving what many would say are a massive fraud perpetrated on Canadian taxpayers.

Under the guise of combating tax evasion, the federal government opened up dozens of tax loopholes that have allowed Canadian corporations to avoid paying tax on $55 billion in international profits over the last five years.

The money is funnelled into offshore tax havens and can be brought back to Canada tax free by multinationals based in Toronto, Vancouver and Calgary.

These offshore manoeuvres translate into billions of dollars in lost tax revenue for Canada, not because companies are cheating, but because they are encouraged to avoid taxes by government policies.

Not surprisingly, the abuses the treaties allow were engineered by the Harper government at the behest of corporations.

In 2010, Canada joined an initiative launched by the Organization of Economic Co-operation and Development to make tax havens more transparent and started signing Tax Information Exchange Agreements (TIEAs) with notorious tax havens like the Cayman Islands, Jersey, the Isle of Man and the British Virgin Islands.

At the same time, the tax code was altered to allow any Canadian multinational corporation doing business in a TIEA partner country to bring profits home tax free.

Says Arthur Cockfield, a professor of tax law at Queen’s University,

“The corporate lobby is alive and well...“Why did (the government) do it? They were persuaded by industry that it was necessary to be globally competitive.”

Yielding to the corporate lobby has proven quite costly.

A joint investigation by the Star and the CBC has found that, since the first TIEAs were signed in 2011, the deals have allowed corporations working in low- or no-tax zones like Bermuda, the Bahamas and Panama to avoid paying taxes on some $55 billion in profits. If earned in Ontario, that money would have yielded more than $14 billion in tax revenue. That’s the equivalent of nearly half of this year’s projected federal deficit.

It is, of course, quite easy to demonize the Harper government that engineered these loopholes, starving much-needed programs and placing an even heavier burden on us, Leona Helmsley's 'little people.' Moreover, the true test of whether our new government is any better will be whether or not it revokes these obscene deals.

As one who has come to the conclusion that government is not really there to represent our interests, its rhetoric notwithstanding, I'm betting that Mr. Trudeau will opt for the status quo.

More Harper Acquiescence To The Corporate Agenda

As much as it is said that the Harper regime is planning to buy votes for the 2015 election by giving income-splitting to families, the reality is that Canadians are increasingly being called upon to aid and abet its agenda of 'starving the beast' while at the same time subsidizing corporate profits.

As reported in The Globe and Mail, our Finance Department has quietly shelved plans to crack down on so-called “treaty shopping” by multinationals. The surprise move suspends a long campaign by Ottawa to stop what it says is rampant “abuse” of international tax treaties by companies seeking to duck Canadian taxes.

Treaty-shopping was most recently in the news when Burger King engineered a merger with Tim Hortons so it could pay a much lower corporate tax rate that Canada offers. Despite the fact that the late Finance Minister Jim Flaherty wanted to curb the practice, 'Uncle' Joe Oliver is embracing it:

Facing intense lobbying from resources companies and their tax advisers, Mr. Oliver apparently bought the argument that curbing treaty shopping would put a chill on foreign investment in places such as the Alberta oil sands, leaving Canada at a competitive disadvantage.

In other words, the argument goes, the rapacious appetite for massive corporate profits, along with the refusal to accept any responsibility to the country that makes those profits possible, is the business imperative that must be yielded to:

In a prebudget submission to the House of Commons Finance committee, Deloitte & Touche LLP had this to say:

“To attract foreign capital, Canadian projects generally must support higher potential yields than comparative investments located in the home country of a capital source,” Deloitte tax policy leader Albert Baker said in the submission. “This is a particular issue for the energy and resource sector.”

The flip side is that not squeezing corporations means individual Canadians must bear a disproportionate share of the country’s tax load. Unlike companies, ... hard-working Canadians can’t use complex offshore tax structures.

The message therefore seems to be that all other Canadian taxpayers – you and I – should subsidize the inflated profits of offshore oil sands investors.

So much for the rhetoric and propaganda the Harper regime fosters about its concern for 'working families.'

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

Coastal Concerns

As I wrote earlier this year, I have pledged not to visit the United States until, at the very least, the Donald Trump presidency is history. That does not mean, however, that my attraction to the west coast, in particular, California, has diminished. Were these better times, I likely would have paid a second visit to a state that appeals to me on many levels.

It is therefore heartening to see that there is no lessening of resistance in the Golden State to Trump and his mad policies of unleashing more fossil fuels to generate economic growth. Long known for its progressive environmental policies, California has no intention of acquiescing in the Orange Ogre's mad plans:

President Donald Trump painted a golden future of “great wealth” and “great jobs” powered by oil pumped from the ocean floor as he signed an executive order on Friday to consider new offshore drilling around the country.

But his efforts could splash harmlessly against the hardened barricades that California has been fortifying for decades with regulation and legislation to prevent additional drilling along its treasured coast.

Traumatized by past oil spills, Californians are in no mood for Trump's disdain for the environment:

“We will fight to the end,” said Susan Jordan, executive director of the California Coastal Protection Network, an environmental group. “They will not get any new oil on these shores."

“Californians will not stand for this,” said Jennifer Savage, a spokeswoman for the Surfrider Foundation, a nonprofit conservation group. “We love our coast. It's our playground, the driving force of our economy, the place where we find solace, joy and sustenance.”

California Atty. Gen. Xavier Becerra, along with Gov. Jerry Brown and top lawmakers, promised to fight any oil drilling.

“Instead of taking us backward, the federal government should work with us to advance the clean energy economy that’s creating jobs, providing energy and preserving California’s natural beauty,” he said.

State Sen. Hannah-Beth Jackson (D-Santa Barbara) quickly announced new legislation Friday that would bar state commissions from allowing any new oil infrastructure along the coast, from piers to pipelines.

The legislation, scheduled to be introduced next week, would buttress opposition to offshore drilling from the California Coastal Commission and the State Lands Commission, who have jurisdiction over the coastline and the waters stretching three miles into the ocean.

"California’s door is closed to President Trump’s Pacific oil and gas drilling,” said Lt. Gov. Gavin Newsom, who is chairman of the state’s lands commission.

While others, including our prime minister, suggest that exploitation of fossil fuels and environmental protection are not mutually exclusive, Californians, it would seem, are in no mood for either hollow rhetoric or risk-taking.