Canadian Tax Expert Out There?

Apr 13, 2011 4 Replies

Another one of my US-Canada questions...



(For those who aren't bored to death by it yet, I live in the USA, had a long-time girlfriend in Canada whom I just married this year. Most of my past questions pertained to tax implications of our situation living in different countries.)



What happens if I move to Canada and live and work there?



Two general categories of questions:


1) Do I still have to file a U.S. return as long as I am a citizen? My income would exceed the foreign earned income exclusion. Would we be in the bizarre situation of having to both file in the USA (assuming I don't want to pay the higher rates for married filing separately) even though neither of us lives in the USA? How would that all work?


2) What happens to my IRA's? I have significant assets in both traditional and Roth IRA's.



Thanks.


If you have income, of course you do. We're special. I'd expect you can credit your Canadian taxes against your US taxes and probably reduce them to zero. I believe you can credit your provincial taxes (which you usually pay on the same return) as well.

They're yours to keep no matter where you live. I don't understand the rules well enough to know if you'll be allowed to make contributions to them. If you plan to stay in Canada you'd probably prefer to contribute to an RSP.

R's, John

If I could claim provincial taxes, then the foreign tax credit would probably reduce my tax to zero. Also, I will almost definitely buy a house in Canada, and I am pretty sure the mortgage interest would still be deductible on my U.S. return but not on my Canadian.

The bizarre part would be if I have to treat my wife as a U.S. resident to avoid the MFS penalty, and subject her income to U.S. tax also.

My question about IRA's has more to do with treatment going forward. I've read something indicating that as a Canadian resident, I would have to pay tax to Canada on the increment in value, but that I can defer it until I take the money out. That would be OK for the traditional IRA's, but it could make anything I earn on the Roth's taxable later on, when it wouldn't be if I stayed in the USA. I wonder if I could be in a bizarre situation where I have to come back to the USA for a tax year just to avoid that penalty.

You also have the foreign tax credit. You can use both the FEIC and FTC, or just the FTC.

They are still yours. The age limit rules still apply.

If you renounce your US citizenship then I'm not sure what happens. I think that include that you can close out your IRA's without penalty, and have to include IRA's in your net asset value for calculating the expatriation tax.

1 - Yes. As mentioned earlier by me, take the FTC as it is better. Don't worry about filing MFS since the FTC will handle it. 2 - You get taxed in both jurisdiction on the same taxable amount.

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