Monday, December 24, 2007

How the Taxman Stole Christmas...

HOW THE TAXMAN STOLE CHRISTMAS
2000, 2001, 2002, 2003, 2004,
2005, 2006, 2007 , 200?
By Victor Drummond (c)
December 24 2007

Just imagine the years of living under a cloud of
deferred, unjustified, unfair, taxable benefit taxes
and the wonderful effect that would be realized
if those taxes were removed.

For starters read the prior posting:- "A FATHER'S LETTER TO THE AUTHORITIES"

Do what you can to bring this punative tax to an end -- and give
thousands of honest hard working Canadians the best Happy New Year ever.

Notify your Member of Parliament you want the defective taxable benefit
legislation corrected and all Canadians unfairly taxed under the existing
taxable benefit laws to be fairly treated.

Otherwise vote for me as a write-in candidate -- i.e. a protest vote.

Victor Drummond (c)

Saturday, December 15, 2007

A FATHERS LETTER...


A FATHER’S LETTER TO THE AUTHORITIES
A GENUINE letter of appeal for Justice and Fairness
by a very concerned Father
To the Government of Canada – and the Canadian Public.
Posted with permission -- by Victor Drummond ©
December 16th 2007


There has been a lingering, insidious, bit of Income tax legislation that has resulted in an outrageous series of rationalizations leading up to the abusive taxation of many honest, hard working Canadians.

This issue has received some publicity – mainly since a few victims of this diabolical scheme were granted a tax remission order as described in the November 14th 2007 issue of the Canada Gazette.

Many victims of the flawed taxable benefit legislation have appealed -- on the basis of their unjustified distress and objections -- to their representative Members of Parliament and to the Prime Ministers -- past and present – mainly to little or no avail.

To his credit -- Gary Lunn, Conservative Member of Parliament for the riding of Saanich and Gulf Islands British Columbia – fought for his victimized constituents – and succeeded in getting a tax remission order issued.

Gary’s efforts unfortunately produced a double edged sword which cut to give a few victims a deal that was a move toward “Fair Taxation” but also cut to produce an ever greater unfairness for thousands of other victims who where, and are still, left out of the deal.

If after reading the Fathers Letter, below, you should think:- “Oh Well -- he is likely the only parent with a child in this kind of situation.” Then read a previous posting titled:- “Canada Remembers – and so do I.” posted for Veterans remembrance day 2007.

Now – “A FATHERS LETTER..”

============================

Gary & Lorraine Hawe
551 Cedar Crescent
Cobble Hill, B.C.
V0R 1L1

Tuesday, December 11, 2007

The Honorable Gordon O’Connor, Minister of National Revenue
157 East Block
Ottawa, ON K1A 0A6

Dear Minister O’Connor:

One of the greatest things about our country, Canada, is that Canadians see each individual as important; a citizens life is not to be forfeited for political expediency.

My son Kevin and his young family are being sacrificed, caught in the ESO/ESPP tax debacle.

Many others, including those from the JDS group have preceded him and their individual tragedies and sacrifices are well known.

You, Mr. Minister must force a change to the obscene tax legislation relative to ESO and ESPP programs.

This remedy is vitally important to all Canadians who stumbled into this tax mess. In addition to doing the right thing this would be a display of conscience, strength, control, fair play, justice, compassion, responsibility, honor and truthfulness, all the things the individual Canadian is expected to be and justify our confidence of you in positions of privilege and power.

Kevin has written you a long letter with which describes in detail his situation. I urge you to read it. Hundreds of letters and emails have preceded this document.

The letter is long, why not? Your letter would be long as well if you, your family and future were being sacrificed for political expediency which someone like yourself Mr. Minister has the responsibility and power to change.

My son and his family are precious and important to me. Apply fully what the Honorable Gary Lunn said last December, “It is not in the interest in the Government to tax people on money they never saw”.

Do not bring tragedy, misery and ruin into our family by forfeiting us to political expediency.

I look forward to your positive response.

Yours truly


Gary L. Hawe

Telephone 250-743-9120
E-Mail garyhawe @shaw.ca lmhawe@shaw.ca

============================

Feel free to call Gary Hawe if you doubt the validity of his letter above.

Although our elected representatives should be the one’s to rectify this punitive, unjustified tax legislation it appears – so far – the matter will not be resolved without positive action by the Canadian Voter.

In order to bring about truly “Fair and Just” Income Taxation you the voter will need to act in unison to demand this diabolical Taxable Benefit legislation be amended to:-

(1) Exclude corporate shares from the:- “Taxable Benefit” classification.
And
(2) Allow those already taxed on fictitious “Earned Income” to re-submit their Income Tax Returns for every year they were charged taxes on money they never received. Those share transactions must be treated as “Capital Gains/Losses” if any form of “Fair Taxation” is to be realized.

If no Federal Political Party commits to correcting this outrageous tax situation then make your vote a protest vote.

VOTE FOR VICTOR DRUMMOND – as a Write-in Candidate.

See you at the voting polls – next federal election.

Victor Drummond ©

Wednesday, December 12, 2007

Why didn't someone....

OH MY – IF I HAD ONLY KNOWN
A statement of who knew what when
And what was done about it.
By Victor Drummond ©
December 2007


Everyone who has taken the time to visit this blog page – and read an article or two – will be aware there is a serious problem with the Canadian Income Tax Act, Taxable Benefit Legislation.

Numerous Honest, Hard-working, Conscientious Canadian Taxpayers have been levied exorbitant
Taxes on huge, fictitious, “Earned” Incomes . Money that was never seen, was not “Earned” and never was, or ever will be “Income”.

Any reasonable person would assume that a matter -- as outrageous as this -- would be corrected immediately as soon as someone in authority became aware of the matter.

Well – so long as no one is being hurt – I suppose the corrective action could wait for a month or so – or a year or two – or possibly just left as is. That is as long as no one is being hurt.

If anyone, however, had to borrow money, or re-mortgage their home, or divorce their spouse, or live with a huge tax deferment unto death – well that is another story. Then there is a real requirement to correct the matter As Soon As Possible. That is ASAP. And that is the reality of this scourge.

The problem arrived on my doorstep when I found out my son has been financially decimated by this very flawed legislation. When I looked into the matter I immediately found a young couple who had been forced to mortgage their home AND apply for Tax Deferment via the form T1212.

It took no time at all to find a dozen or so other victims in similar tax situations. My first young couple had written to the Honorable Paul Martin -- Prime Minister of the time – appealing to him for relief from their unjust financial dilemma. They even offered to give all their ESPP acquired shares to the government in exchange for tax relief. No Deal said Paul Martin – in so many words.

Paul Martin’s response was to forward their appeal to the Finance Minister the Honorable Ralph Goodale who in turn acknowledged the letter from the young couple and informed then the issue was under active consideration.

Nothing ever came of that message exchange and the couple are still faced with a heavy deferred tax and are struggling to pay off the mortgage on their home.

While still in office as Prime Minister the Honorable Paul Martin happened to be in the Vancouver Airport at the same time as another seriously overtaxed victim e.g. Mr. Kevin Hawe.

Mr. Hawe had the opportunity to speak with Mr. Martin and made a verbal appeal to him for relief from the unwarranted tax burden that Mr. Hawe was now faced with.

Paul appeared to listen to Kevin’s words and made a verbal commitment to look into the matter and see what could be done to rectify the problem. Kevin is still waiting for something/anything to be done.


In January 2006 when the minority conservative government came into power it gave reason for the taxable benefit victims to have hope that their plight may be recognized and corrective action taken.

The Honorable Gary Lunn, MP for the riding of Saanich Gulf Islands, in British Columbia, recognized the injustice of some JDS Uniphase Employees who were also victims of the insidious taxable benefit legislation.

Gary went to work to find some form of justice for these victims in his riding and by November 2006 had succeeded in getting a Tax Remission order approved – that gave some 40+ former JDS Employees some rebate of their taxable benefit taxes.

Until November 14th 2007, when the Canada Gazette published -- a few meager details – the actual tax relief provide by the remission order was a deep dark secret.

There was no lack of trying to get confirmation that a deal existed. There were hundreds of letters, and e-mails, sent to every imaginable authority, from sitting MP’s to Journalists who had published articles on the announcement by Gary Lunn.

Even now it is not clear whether or not those who benefited from this remission order actually received a “Fair Deal”.

From some numbers -- appearing in an article in the December 7th 2007, Victoria Times Colonist Newspaper, it seems there are various degrees of “Fairness” given to different remission order beneficiaries.

None of the deals described look truly fair on the surface. From the data revealed -- so far -- it appears no one was refunded the total amount of taxes levied against them by reason of money they never received. Is this another case of take it or leave it half-way fixes?

The deal fairness issue aside – there is a larger more serious aspect to this tax remission order.
How about equal treatment under the law – as provided by the Canadian Charter of Rights and Freedoms Article 15(1), and also under the more recent Taxpayers Rights Charter Article 8 ?

On the basis of charter violations alone – an Honest, Conscientious, Creditable Politician would raise proper hell until some effective form of corrective action was in place.

Nothing of substance has been initiated by any Canadian political person(s) and/or political parties so far.

There has been a lot of rhetoric on the issue of “Fair Taxation” by the conservative party from the time they were campaigning for election in 2005 right up to the present time.

So far all they have done is to proclaim Fair Taxation for all Canadians and putting a series of patch-up brochures, bulletins, Information circulars etc. ad-infinitum.

The implied overall content of these publications and public speeches is that by utilizing the avenues open to -- any and all -- dissatisfied Canadian taxpayers that Fair Taxation may be achieved.

This is a farce – because the defective legislation is still in place – and still operative.
The flawed taxable benefit legislation and rulings still deny the RIGHT of every Canadian Taxpayer to equal and fair taxation.

It still leaves hard working, honest Canadian Taxpayers to beg for their own money – and it still allows the government the ability to deny victims of unjustified taxation any form of compensation.

Just so you all know who -- in Canadian Political Parties – have been made aware, (repeatedly) of this abusive, punitive and unjust tax legislation here is a list that have been brought to my attention.

Each person named should be credited with the action they took and/or commitment they made to initiate proper corrective action.

The Honorable Stephan Harper – Canada’s Prime Minister.

Notification:- Several dozen E-mails since elected PM.
Messages acknowledge via cookie cutter replies.

Action taken:- Patchwork Appeal Avenues implemented, Taxpayers Ombudsman,
Taxpayers Charter.
Grand speeches on fair taxation, e.g. Toronto Canadian Club.

Results:- Fair and equal taxation – not yet in operation.
This issue is only aggravated by the JDS BC Tax Remission Order.

============================================

The Honorable Jim Flaherty – Canada’s Minister of Finance.

Notification:- Hundreds of letters and E-mails since being elected and appointed.

Action taken:- Some messages acknowledged – many just ignored – issue passed back and forth with
other minister(s) e.g. Carol Skelton Nation Revenue Minister.

Results:- Fair and equal taxation – not yet in operation.
This issue is only aggravated by the JDS BC Tax Remission Order.

============================================

The Honorable Gordon O’Connor, Minister of National Revenue
formerly, The Honorable Carol Skelton, Minister of National Revenue.

Notification:- Hundreds of Letters and E-mails. A dozen or so from Kevin Hawe and couple from
me.

Action taken:- (CS) Endorsed the JDS Tax Remission Order, forwarded letters of Appeal to the
Minister of National Finance.

Results:- Fair and equal taxation – not yet in operation.
This issue is only aggravated by the JDS BC Tax Remission Order

===========================================

Kevin Hawe reports he has sent no less than 53 messages of appeal to every conservative MP from British Columbia to Ontario. Results:- Nil.

===========================================

The Honorable Gary Lunn, MP, Riding of Saanich Gulf Islands, British Columbia.

Notification:- Hundreds of Letters and E-mails. Many never acknowledged.

Action taken:- Initiated a Tax Remission Order for a few of his constituents.

Results:- Fair and equal taxation – not yet in operation.
This issue is only aggravated by the JDS BC Tax Remission Order

============================================

The Honorable Stephen Dion , Leader of the Opposition, Liberal Party Leader.

Notification:- No less than 10 messages of appeal for assistance from Kevin Hawe
Including one request, 17 May 07, to meet with Stephen and/or Keith Martin while
they were visiting Victoria B.C.
Given buyerbeware blog page url.

Action taken:- Not even an acknowledgement of Kevin’s messages.

Results:- Absolutely NONE. Apparently Fair Taxation is not on the Liberal Agenda.

=============================================

The Honorable Michael Ignatief, Deputy Leader of the Liberal Party.

Notification:- Two messages from Kevin Hawe. First 29th Nov. 07
Second 7, Dec, 07. including URL to 7th Dec. 07
Ottawa Citizen Newspaper – “Tories forgive…”

Action taken:- No acknowledgement to date – but time has been relatively short.
Will reserve judgment on this politician’s action to end of 2007

Results:- Absolutely NONE. Apparently Fair Taxation is not on the Liberal Agenda.


==============================================

The Honorable John McCallum, Liberal Finance Critic

Notification:- At least 5 direct messages, plus CC’d on all messages to Stephen Dion
From Kevin Hawe as early as May 17th 2007.
Last message 7th Dec. 07 with URL to Ottawa Citizen Newspaper
banner headline.

Action taken:- Not even an acknowledgement of Kevin’s messages.

Results:- NONE. Apparently Fair Taxation is not on the Liberal Agenda.

=============================================

The Honorable Judy Scro, Liberal Revenue Critic.

Notification:- 1 or 2 direct messages and CC’d on all messages sent to Stephen Dion.

Action taken:- Not even an acknowledgement of Kevin’s messages.

Results:- NONE. Apparently Fair Taxation is not on the Liberal Agenda.

==============================================

The Honorable Jack Layton, Leader of the Federal New Democratic Party.

Notification:- Not less than 11 direct messages in current year.
Last message 7th Dec. 07 with URL to Ottawa Citizen Newspaper
banner headline. Given url to Canada Gazette published 14 Nov. 2007.
Also given the url of this blog page.

Action taken:- None to date

Results:- NONE. Apparently Fair Taxation is not on the NDP Agenda.

==============================================

The Following Federal New Democratic Party MP’s have been CC’d in messages sent to The Honorable Jack Layton.

The Honorable Jean Crowder, MP, NDP Critic Aboriginal Peoples Affairs.

The Honorable Denise Savoie, MP, NDP, Victoria British Columbia.

The Honorable Thomas Mulclair, NDP, MP for Outremont Quebec.

Action taken:- None to date

Results:- NONE. Apparently Fair Taxation is not on the NDP Agenda.

========================================
There has been no record -- come to my attention – of any other persons in the federal political arena who have been sent messages -- of appeal for fair taxation – either directly or via CC’s.

However in light of the recent News media, TV and Newspapers, there is no room to doubt that all federal politicians are well aware there is unfairness in the Canadian Income Tax Legislation as it presently stands.

No Leader of a Canadian Political Party can hide behind the excuse:-
“Oh My – If Only I had Known” – I would have implemented immediate relief for those victimized and taken prompt action to correct the defective legislation that produced this travesty in the first place.

YEAH RIGHT

Now you know – Either acknowledge and state a position on this issue or:-

When the time comes for the Ostriches to appeal to us for our vote – then we will say –
OH My -- If Only you had known.

We intend to reward performance – not hollow promises and/or patchwork fixes.
NOT ONE SINGLE CANADIAN WILL HAVE TO BEG FOR JUSTICE
If the proper corrective action is taken.

Vote for Victor Drummond – if you agree that our present politicians are not worthy to be, or become, our government.

See you at the Federal election voting polls.

Victor Drummond ©

Monday, December 10, 2007

Updated Copyright Notice

COPYRIGHT NOTICE
Issued September 7, 2007
Updated December 10, 2007
By Victor Drummond ©

Be advised hereby that as of this date --all bloggers, publishers of news media and/or business papers and/or magazines, including Readers Digest, are granted free copyright privileges to any article I post to this blog page, (buyerbeware—caveatemptor), both past and future.

As I am the only person with administrative access to this blog page a copy of this notice is the equivalent of a signed authorization.

While those who utilize this material may either support the intent of these articles – or voice opposing views I -- and those who have been victimized by our defective “Taxable Benefits” laws would greatly appreciate your support.

Victor Drummond ©

Sunday, December 9, 2007

A Protest Vote....

VOTE FOR VICTOR DRUMMOND

Canada’s first all riding candidate for any and all.

DECLARATION
I hereby declare my candidacy for any and all offices, positions and/or ministries that become the subject of a public election – present and or future.—in any and all provinces of Canada, any and all ridings, wards, and for any and all, political parties.


MY PLATFORM
If I receive a majority of the popular vote -- in any election -- then I promise to work tirelessly to bring true Justice, honesty, integrity, credibility, fairness and equality to my constituents.

QUALIFICATIONS:- None. I do not really exist – I am a fictitious identity.
If, however, the government can levy real, and huge, taxes on a non-existent “Earned Income – then you can use your real vote to vote for a non-existent candidate such as myself.

WHY SHOULD I DO THAT?
Because every Canadian’s RIGHT to just, fair and equal taxation has been destroyed by defective taxable benefit legislation. See blog:- www.buyerbeware--caveateemptor.blogspot.com
for all kinds of articles describing the problem

By using my fictitious identity -- as a write-in candidate – on every ballot you are entitled to -- you are registering a protest that tells the Canadian Politicians precisely what you are protesting – and why.

HAS ANYONE DONE ANYTHING TO FIX THIS PROBLEM?
Yes. But the fixes provided so far – by the current Conservative government -- are mostly cosmetic and do absolutely nothing to restore every Canadians RIGHT to Fair taxation.


See you at the voting polls for the next Federal Election.

Victor Drummond ©

Saturday, December 8, 2007

Horrors -- Fair Taxation..

Taxing Canadians Fairly – A DANGEROUS PRECIDENT
A Commentary on recent Newspaper Articles
Re;- the Tax Remission Order
Granting Relief of Taxes and Interest levied on JDS Taxable Benefit Victims.
By Victor Drummond ©
December 2007

December 7th 2007 is a RED LETTER day for victims of the defective taxable benefits legislation.

Whether by accident or design two Canadian Newspapers – with large circulation – published articles on the Tax Remission Order announced in the November 14th 2007 Canada Gazette.

The OTTAWA CITIZEN Newspaper of December 7th carried a front-page Banner Headline declaring:-“TORIES FORGIVE HUGE JDS TAX BILLS” and on this same day the Victoria BC. TIMES COLONIST Newspaper published an article under the title:- JDS High-tech workers off the hook for tax.”

Both articles declared the appreciation of those victims who had been granted at least partial relief and/or refund of a part of the unfair taxes levied against them. And both articles carried negative comments on the approval of this tax remission order over the objections and -- adverse effect -- advice of senior tax officials – and at least one tax lawyer, (Mark Seigle of Ottawa)

The counter arguments go like this:-

(A) Giving special tax consideration to some – but not all victims – is a violation of the governments “Fair Tax” Policy – and unfair to other similar, identical, victims who are excluded from the order. (True)

Those who support that rationale, however, would rather no-one would get fair tax treatment if it is not applied to all such victims.

The All-or-Nothing rationale is not the correct solution – unless it is ALL.

(B) Giving “Fair Taxation” to ALL Canadians is setting a “DANGEROUS PRECIDENT”

Since when has being:- REASONABLE, FAIR, HONEST and JUST with Canadian Taxpayers been a “Dangerous” policy to apply?

It seems to me the opposite policy would be the really DANGEROUS one to apply – if you would like to be re-elected.

But those who rail against truly Fair Taxation do not care what hardships their defective taxable benefit legislation imposes on their victims. All they care about is maintaining the status quo and their own selfish interests.

Haven’t Canadians been told multiple times -- this fall – just how big the government’s income surplus is?

When you have a surplus of other people’s money – especially money stolen legally by way of “Income” taxation of fictional “Earned Income” -- wouldn’t that be an ideal time to give it back?

Wouldn’t now – before another Federal election gets under way – be an ideal time to put some substance into the government’s “Fair Tax for ALL Canadians promises and pledges?

The answers are “YES” to all above and to bring the issue to a clear cut end --- stop offering make-do patches to the victims of the defective taxable benefit legislation.

Amend the legislation to restore everyone’s RIGHT to fair taxation and allow a decade for resubmission of past tax returns that contain taxes on fictional “Earned Income”.

When the next Federal Election time arrives – remember those who supported EQUAL TREATMENT UNDER THE LAW. (Canadian Charter of Rights and Freedom’s – article 15(1))


Victor Drummond ©

Wednesday, December 5, 2007

The Pledge of Fair Taxation...


YOU BE THE JUDGE
An illustration of three INCOME Tax Situations
And the relative Fairness of each of them.

A TRUTH IN FICTION

By Victor Drummond ©
December 2007


(1)Donald Thump works for Wireless Gadgets Incorporated, (WGI), and has detailed knowledge of his employers growth prospects – present and future.

He knows his employer is about to introduce a new product that will revolutionize the industry and create a lot of action in the stock market.

So Donald rounds up all the money he can find -- and borrow -- and on
April 1,1999 buys 10,000 shares of WGI from his stock broker.

Donald’s adjusted Cost Base, (ACB), is 5.50 per share --
with brokers commission included – giving a total cost of:- $55,000

On July 12th 2000 the shares of WGI are trading heavily at $1,200 per share.

So Donald decides to sell his shares – pay off his loans –
and retire to the Bahamas.

Donald’s gross return on his 10,000 shares is:- $12,000,000 and his net return
-- with the brokers selling commission, and interest paid on the money borrowed
– all his ACB deducted -- Donald was still left with a clear profit of:- $11,920,000

In March 2001 Donald reports his 2000 Capital Gain Income – at the period II, 66.6%
inclusion rate – as:- $7,946,666

With a bottom line Income Tax level of 43% Donald paid $3,376,066 in Capital Gains
Tax.

Donald is happy to pay this tax and walk away with his remaining $8,543,934
WHAT COULD BE FAIRER THAN THAT?

(2)William Thump, Donald’s brother, is a nere-do-well and was released
from penitentiary for grand larceny a week before Donald made his WGI,
10,000 share stock purchase in April of 1999.

When William discovered how well the WGI shares were doing he began checking up on
Donald’s co-workers.

Especially those having positions in higher management.

William eventually found out that Donald’s immediate superior had several accounts –
with the same broker his brother was dealing with – and this person had some large
blocks of WGI stock in two of his accounts.

By sifting through the documents and papers -- in Donald’s possession – William was
able to acquire all the data and information needed to duplicate his victims
identity – and thereby access his victim’s accounts with the stock broker.

On the same day -- Donald sold his 10,000 WGI shares – and using false identity
documents William liquidated 10,000 WGI shares from his victims accounts.

He then had the proceeds transferred to an un-numbered account off-shore.

As William had only the brokers selling commission to deduct -- he had a clear
profit of some $11,975,000

William decides to report his ill-gotten gains -- to revenue Canada -- under the
umbrella of CRA’s Information document IT 256R.

So in 2001 he reports a Capital Gain of $7,983,332 -- i.e the 66.6% inclusion rate.

Also at a bottom line tax level of 43% William pays $3,342,833 in Capital Gains Tax
and happily walks away with the remaining $8,632,167

The CRA doesn’t ask William how he acquired the WGI shares he sold – they are only
interested in the tax they can collect from him.

NOTE (A) Both Donald and William now have the RIGHT to apply Capital LOSSES from
the past three years and/or any future years against their year 2000, CAPITAL
GAINS TAX, and thereby recover part -- or even all -- of these taxes paid.

(B)Furthermore if William’s theft is discovered – and he is forced to repay the
money he pilfered – the CRA will rebate the taxes William has paid on his now non
-existent Capital Gain. WHAT COULD BE FAIRER THAN THAT?

(3) Doreen Thump -- Donald and Williams sister -- is employed by WGI and being a
highly valued employee has been given the opportunity to participate in the WGI
Employee Share Purchase Plans, (ESPP’s)

Upon the advice of her brother Donald -- to purchase all the shares in WGI that her
ESPP allows -- Doreen applies to purchase the 1999 maximum of 10,000 shares under
the plan.

Doreen’s application is vested in April of 1999 and the shares are to be exercised,
(delivered) one year later.

Until the shares purchased are actually delivered Doreen has absolutely no control
over them.

Under terms of her ESPP Doreen is allowed to purchase WGI shares at a discount of 15%
from the Fair Market Value, (FMV), the shares are deemed to be worth as of the day
of vesting.

As the shares were estimated to have an FMV of $5,20, (before commission), Doreen paid $44,200 for her 10,000 shares – plus a $0.20 commission per share.

This gave Doreen an Adjusted Cost Base, (ACB), of $46,200 for her 10,000 share
purchase of WGI stock.

In April of year 2000, -- when her WGI shares were exercised, (delivered), -- Doreen
was thrilled to see her 10,000 shares were now trading at $875.00 each and worth an estimated $8,750,000.

Doreen consulted Donald who advised her to hold on to her shares as they were gaining in value daily with no downturn in sight.

A few of Doreen’s co-workers and close friends were also enjoying the potential windfall of a few million dollars and decided to celebrate by taking their summer
vacation together touring around Europe.

So on July 2nd 2000 they each sold 5 shares of WGI stock which was then trading at $1,050.00 per share and took the approximately $5,000 cash to buy their European
tour tickets.

The happy party left for Europe on July 5th and would not return to Canada until July 30th 2000.

Unfortunately while Doreen and her party were away a major stock market correction got under way. By the time they all returned to Canada – on July 30th – WGI shares were trading at less than $100,00 per share.

Doreen was very disappointed but decided half a loaf was better than none so she sold her 9,995 shares via an at-market order and received $98.00 per share. This gave her a return of $975,125 after paying the broker a selling commission.

The nearly $12,000,000 drop in her potential profit was not of great concern to Doreen as a gross gain of $980,125 -- (allowing for the $5,000 received from the earlier sale of 5 shares), --gave her a rather warm and fuzzy feeling.

With her ACB of $46,200 deducted Doreen was left with a net gain of $933,925 which still left her quite pleased and content.

That is until Doreen’s year 2000, T4 was received showing an “Earned Income” of over $8,700,000

The WGI payroll department had submitted Doreen’s T4 for year 2000 showing an FMV for her 10,000 WGI shares -- as of April 1, 2000 the date they were delivered to her -- as being $875.00 per share. This produced a gross taxable benefit of:- $8,750,000 – less her adjusted cost base of $46,200 – leaving Doreen with a false net taxable benefit gain of:- $8,703.800.

At the year 2000, period II inclusion rate of 66.6% the taxable benefit added to
Doreen’s “Earned Income” was:-$5,802,054

With a bottom line tax level of 43% applied to this fictitious “Earned Income” Doreen was levied a “taxable benefit” tax of:- $2,494,883

The so called taxable benefit tax exceeded Doreen’s real Gross income by:- $1,560,958
i.e. 2,494,883 minus 933,925

Canada Revenue Agency, however, generously provided Doreen with a tax unto death deferral via form T1212.

If Doreen had any WGI shares left in her possession, -- that were acquired via an ESPP’s process – she could not dispose of them -- in any way -- without causing her deferred taxable benefit taxes to become payable on the very next taxation return date.

Furthermore as long as the deferred taxes are not paid Doreen can not move out of Canada.

Last but not least – If Doreen had any prior year, or following years LOSSES on any shares investment of any kind – she can not apply any of those losses against the real taxes already levied on the fictitious taxable benefits.

She is much worse off than William who stole his shares.
HOW IS THIS AS FAIR TAXATION FOR ALL CANADIAN TAXPAYERS?

So how would you rate Canada’s current government’s -- Fair Taxation Pledge to ALL Canadians – On a Scale of ONE to TEN? ( 1 meaning “non-existent” and 10 “truly Fair”)

If you said ZERO then you are right on target.

Kindly give your support for truly fair “Income Taxation” when the polls open for the next Federal election.

Victor Drummond ©

Authors comments:-

Although the persons named are fictional -- the scenarios are not.

The scenarios related in this article represent many typical,
real tax situations that have -- and still are -- causing severe
financial distress and totally destroying the peace of mind of many
Honest, Hard Working Canadian Taxpayers.

Fair Taxation for “All Canadians” remains a myth as long as
defective “taxable benefit” Legislation remains in operation.

Shares traded on a stock exchange are NOT A TAXABLE BENEFIT no matter how
they are acquired.

Sunday, December 2, 2007

Lets not Pretend....

PLAYING – LET’S PRETEND
A story to illustrate Unfair Taxation of Canadians
By Victor Drummond ©
December 2007


As I recall my early year’s one of childhoods favourite past-times was playing fantasy games such as Cops and Robbers, Train Engineer, Airline Pilot, and a variety of Super Hero’s such as Buck Rogers and The Lone Ranger.

Those were some of the happiest times in memory – and as I grew older it seemed
the pretend fantasies were a thing of the past.

Recently, however I realized that adults continue to play such games inter-mixed with interludes of reality.

Among the most prolific “Let’s Pretend” players are members of the Canadian Political Parties and the government agencies they create and/or support.

Leaders in the “Let’s Pretend” arena are the federal party in power, (at any given time), and the Canada Revenue Agency, (CRA).

Currently the party in power has declared the intention of providing ALL Canadians with “Fair” and “Equal” taxation?

Is that a “Lets Pretend” scenario?

If you have any doubts -- on this new government initiative -- just read the speech made by the Honourable Jim Flaherty, Minister of Finance, when he addressed the House of Commons, Standing Committee on Finance – January 30th 2007.

Mr. Flaherty’s concluding remarks alone should convince the most confirmed sceptic that “Fair Taxation” for ALL Canadians is just around the corner.

In concluding his speech Mr. Flaherty said:-

“A few finals thoughts to conclude.”
“In the end, our government was faced with a hard choice, and now this Parliament is faced with a big decision: to make the Tax Fairness Plan a reality.”
“We chose not only to recognize a growing problem occurring in Canada’s tax system, but to fix that problem.”
“We made our decision based not on political calculations, as did the previous government, but on principles of tax fairness, balancing the needs of individual investors with the interests of taxpayers and their families.”
“And we acted responsibly and decisively. It is not tax fairness if it is only for a few.”


Those are the kind of words we victims of the taxable benefit -- “Tax on Fictitious Profits” -- are waiting to see put into action.

“We chose not only to recognize a growing problem occurring in Canada’s Tax System but to fix that problem.”

Well Mr. Flaherty lets stop pretending the problem with the Canada Taxable Benefit legislation doesn’t exist.

When honest hard-working Canadian taxpayers are taxed on “Earned Income” that never was -- and never will-be – believe me there is still a BIG PROBLEM in the Canada Tax system.

How about recognizing that problem and acting decisively to fix it?

As you declared:- “It is not tax fairness if it is only for a few.”

I could not have said it better -- myself -- or in plainer language.

Believe me -- if I had the authority to do something about it – and I said that I would do something about it – it would be fixed ASAP come hell and/or high water.

What does it mean when you say it?

So how long is going to take for you to recognize and correct this problem?

Or are we other victimized Canadians expected to pretend the favouritism given the SDL (JDS) victims of this same legislation – via the SDL Employee’s Tax Remission Order -- is all the “Fairness” required?

None of us – that have been left out of the SDL, (JDS), deal -- has that good an imagination.

But we do have 100 percent recall when the next Federal election gets under way.

So let’s stop pretending – fix this problem properly – amend the defective legislation and restore the RIGHT of every Canadian to truly fair REAL INCOME taxation.


Victor Drummond ©