Treatment FAQ

tax treatment for canadian citizens who cross us border daily

by Dale Goldner Published 2 years ago Updated 2 years ago
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For Canadians maintaining their residential times and working in the US, the CRA will allow a credit for the taxes that you pay to the US and its individual states against the Canadian tax that would otherwise be charged. This also holds true for Americans working in Canada and the tax they will pay in Canada.

Full Answer

Should Canadians consider expatriating from Canada for tax purposes?

Accordingly, Canadians who contemplate a long term employment situation in the U.S. should consider expatriating from Canada for tax purposes to prevent inclusion of the U.S. income in Canada at Canadian tax rates.

Is there a lot of cross border activity between Canada and US?

There is a massive amount of cross-border activity between the US and Canada. Complicating matters is the IRS, that has strange and unexpected tax rules.

Do I have to file taxes in Canada if I live abroad?

As mentioned above, in Canada, one’s tax filing requirements depend on residency of the taxpayer, while in the United States, the tax filing requirements are based on your U.S. person status, such as U.S. citizenship. For over one million U.S. citizens living in Canada, they would have to file income tax returns in both countries.

Do you need a cross border tax plan?

If you are moving to the United States from Canada, you need to establish a cross border tax plan to transition your assets and finances. If you live a cross border lifestyle and do business or work in both countries, then you need to establish a cross border tax plan.

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How much can you spend in the US for less than 24 hours?

Staying 24 Hours If you are in the United States for at least 24 but less than 48 hours, you are entitled to a small personal exemption. You are allowed to import up to $200 per person of purchases made in the United States. Infants and young children are also entitled to the exemption.

How much can you claim when crossing the border?

You can claim goods worth up to CAN$200. Tobacco products and alcoholic beverages are not included in this exemption. If the value of the goods you are bringing back exceeds CAN$200, you cannot claim this exemption. Instead, duty and taxes are applicable on the entire amount of the imported goods.

How much can you claim at the Canadian border?

CAN$800You can claim goods worth up CAN$800 without paying any duty and taxes. You must have the goods with you when you enter Canada.

Do Canadian citizens working in us pay taxes to both countries?

1. Yes, U.S./Canada dual citizens file U.S. taxes. As a U.S./Canada dual citizen, taxes can get tricky — dual citizens have few more tax and financial challenges than the typical resident that affect not only taxes on your wages, but taxes on investments, pensions, and properties as well.

What happens if I declare more than 10000?

What happens if you don't declare at customs? Failure to declare monetary instruments in amounts valued more than $10,000 can result in its seizure. If you are caught crossing the border with any amount of undeclared cash in excess of $10,000 USD you will almost certainly have it seized from you.

What happens if you declare more than $10000 Canada?

The CBSA has the authority to seize all currency and monetary instruments if the entire value is not reported. They may be returned after a penalty is paid. Penalties range from Can$250 to Can$5,000.

What do I have to claim at US Customs?

What Must I Declare?Anything you bought (including from duty-free shops or on a ship or airplane)Anything you inherited or received as a gift (you'll have to estimate the fair market price of the gift)Anything you brought home for a friend.Anything you plan to use or sell in your business.More items...

How can I not pay my duties Canada?

Summary of How to Avoid Paying Custom FeesDon't pay taxes/duties and if they try to deliver, refuse the package.Wait for the package to arrive in Canada.Call the courier and let them know you'd like to self-clear. ... Find your closest CBSA Inland Office.At the CBSA office, pay the taxes and duties owed.More items...•

How much can you send to Canada without paying duty?

Value in Canadian dollars Under the provisions of the Postal Imports Remission Order, if someone mails you an item worth CAN$20 or less, there is no duty or tax payable. If the item is worth more than CAN$20, you must pay the applicable duty, the GST or HST, and any PST on the item's full value.

Do Canadians working in US pay Canadian taxes?

Canadians who live or work abroad or who travel a lot may still have to pay Canadian and provincial or territorial income taxes.

Do Canadians living abroad have to pay Canadian taxes?

Resident Status If the CRA establishes your residence status as a Canadian resident, you'll pay income tax on income earned anywhere in the world. Even if you spend some time working outside Canada, you'll still be liable to pay federal and territorial tax.

Do Canadians pay taxes when working in US?

Residents of Canada must pay taxes to the CRA, and if you are residing in the United States, you will pay taxes to the IRS. Remember that there is nuance, such as the relationship to your employer and more.

How much of the gross proceeds are withheld in California?

An additional 3.33% of the gross proceeds will also usually be withheld for state tax purposes in California. These withholding requirements could substantially reduce the amount of money you receive at closing when you sell your U.S. property. And this could significantly affect your cash flow.

What percentage of property taxes must be withheld?

Specifically, the Foreign Investment in Real Property Tax Act (FIRPTA) requires that either 10% or 15% of the gross proceeds of the sale be withheld and remitted to the IRS.

Canada specific tax issues

RRSPs (Registered Retirement Savings Plans) are now exempt from trust reporting, and the contributions can be deferred income.

US-Canada Tax Treaty Information

The US has a tax treaty with Canada. Under tax treaties, residents (not necessarily citizens) of foreign countries are taxed at a reduced rate or are exempt from U.S. taxes on certain items of income they receive from sources within the United States. These reduced rates and exemptions vary among countries and specific items of income.

Are you a US person living in Canada?

The US taxes its persons on a worldwide basis. So what you earn in Canada, even if it is taxed by the Canadian taxing authority, is subject to additional taxes by the IRS. This is true even if you have a "tax-free" account in Canada. However, you are entitled to a credit for taxes paid.

Foreign Earned Income Exclusion

Citizens and residents living and working outside the U.S. may be entitled to a foreign earned income exclusion that reduces taxable income. In addition, you may exclude housing expenses, but with limits. There are limits and special rules about who qualifies for the exclusion, and we can help you understand if you qualify.

Foreign Tax Credits

This is a non-refundable tax credit for income taxes paid to a foreign government as a result of foreign income tax withholdings. The foreign tax credit is available to anyone who either worked in a foreign country or has investment income from a foreign source.

Offshore Voluntary Disclosure Programs

If you have made a mistake in previous IRS tax filings, or haven't filed at all, we can help. We are the nation's premier offshore disclosure firm. We have helped thousands of Canadians and others from around the globe properly disclose to the IRS. We can help you too. Click here to visit our Offshore Disclosure summary page.

How to contact Canadian tax and estate planning?

Please refer to the instructions emailed to registrants for additional information. If you have any questions, please contact Customer Service at 1-800-926-7926 ext. 10.

What is the 41 tax treaty?

41 . •Taxes covered: . –U. S. estate taxes; Canadian gains at death tax; or substantially similar taxes subsequently imposed. –This treaty is unique, because it is the first tax treaty covering U.S. estate tax between the United States and a country that does not impose an estate or inheritance tax.

When is the deadline to file taxes in Canada?

If you reside in Canada, you generally get an automatic 2-month extension to file your return, which is usually June 15-th of the year following the tax year that is being reported.

What is a CFC in tax?

If U.S. shareholders own more than 50 percent by vote or value of a non-U.S. corporation, such corporation is considered a Controlled Foreign Corporation (CFC) and is then subject to another anti-deferral regime – Subpart F rules. This, again, may lead to additional tax and increased tax compliance costs.

What is the IRS streamlined filing procedure?

The program is the Streamlined Filing Compliance Procedures. It aims to help alleviate several tax issues the dual citizenship community has been facing. Only non-willful tax payers, those who were unaware of their tax filing and reporting obligations, are eligible for the Streamlined Filing Compliance Procedures. Taxpayers with willful conduct could address their non-compliance via the IRS Offshore Voluntary Disclosure Program that is set to close on September 28, 2018.

Why do people not file taxes?

Many people neglect to file their tax returns with the IRS because they are unaware of the filing obligations they have. This can be due to the lack of knowledge about the tax filing and reporting obligations required because of the dual citizenship status or due to the lack of knowledge that they are U.S. citizens (Accidental Americans).

What is the best strategy for dual citizens?

One viable strategy for dual citizens is to re-evaluate their investment portfolio and choose those investments that, while providing an acceptable return, do not lead to additional tax and compliance costs. They may also want to restructure their corporate ownership in some cases.

How to reduce tax compliance costs?

One way to reduce one’s tax compliance costs is to re-evaluate your investment strategy and simplify your investment portfolio.

When is the IRS filing tax returns?

The tax return deadline is usually April 15-th of the year following the tax year that is being reported (unless it falls on a weekend or a holiday). For example, the general U.S. tax filing deadline for the 2017 tax year was April 18-th , 2018 (the IRS has extended the April 17-th deadline by one day due to some technical issues related to electronic filing).

Plan Ahead to Save on Your Taxes

Cross Border tax is real and if you don’t plan for it, you will likely pay more taxes. When working across the border in Canada or the US most people do not think to learn about what they can do to minimize their cross border taxes before the April filing deadline.

Blunder 1: The US and Canada are Foreign Countries

This might sound like an incredibly juvenile statement for a website read by professionals but when it comes to tax law, many cross border workers forget that they are dealing with an entirely different set of tax laws when they work in another country.

Blunder 2: Filing Cross Border Taxes Separately

Many cross-border workers do not recognize the impact that residency has on income tax. As mentioned earlier, the nation in which you maintain your residence has the primary right to tax all the income that you earn whether within its borders or outside of its borders.

Blunder 3: Maintaining Proper Residency Status on Your Tax Return

Only a small number of US tax professionals regularly deal with cross border tax issues. The same can often be said for many Canadian tax professionals.

Tax Treatment of US Traditional IRA Withdrawal in Canada

The decision to withdraw funds from a US IRA will lead to an income inclusion in the US. Individuals who are also taxed in Canada as a resident, will also report this income on a Canadian tax return. If the US funds withdrawn are transferred to a Canadian RRSP, a special deduction may be available.

Tax Treatment of Roth IRAs in Canada

While it is possible to transfer a traditional IRA to a Canadian RRSP using special provisions under Canadian tax law, this option is not available for Roth IRAs.There are some unique considerations on the Canadian end for a US Roth IRA.

Need Help from a Cross-Border Tax Accountant in Oakville, Ontario?

Contact Cross-Border Financial Professional Corporation – When Perspectives Matter!

What is death tax in Canada?

In Canada, death taxation consists of a capital gains tax imposed on all the assets owned by the deceased person (other than those qualifying for a rollover to a surviving spouse). Therefore, if a person’s assets have no unrealized gains, the Canadian tax consequences of passing away are generally not significant.

How many US citizens live in Canada?

An estimated one million US citizens are living in Canada as permanent residents or dual citizens. These individuals face extraordinary challenges in their tax and estate planning, and deserve planning support from professionals who specialize in issues that affect them.

How much estate tax is on $1 million?

Under current rules, the federal estate tax rate applies at up to 40% on assets over $1 million.

Does Canada have a tax treaty with the US?

Fortunately, Canada and the US have a very advantageous tax treaty, which goes a long way toward avoiding double taxation for those subject to tax in both countries. This means that for many people, compliance simply requires filing returns in both countries each year. However, there are a few instances in which the Treaty does not provide complete ...

Do you have to file taxes when you die?

Annual income tax returns are required throughout their lives, and there may be tax filings required on death to complete the settlement of their estates. In recent years, the IRS has been increasingly vigilant in pursuing Americans with assets outside the US.

Do US citizens have to file taxes?

US citizens are required to file annual income tax returns to the Internal Revenue Service (IRS) regardless of where they live and earn their income. This fact comes as a surprise to many US citizens living in Canada, who (incorrectly) understood that their US tax obligations ended when they left the US.

Can Canadians freeze estates?

Estate freezes are excellent plans for Canadians, but the US has enacted tax rules that can result in an immediate gift tax on the entire value of the company when a typical Canadian freeze is implemented. For US citizens, a different procedure is required to accommodate these US rules.

Before you travel to Canada

All travellers entering Canada must follow testing and quarantine requirements to keep everyone safe. Under certain conditions, you may be exempt from some of these requirements.

You need to use ArriveCAN

Use ArriveCAN to provide mandatory travel information required for entry into Canada.

Prepare your documents with care

There are documents you must have to cross the border into Canada. Without these documents, we won’t allow you into the country.

Disclosure of funds

Tell a Canadian official when you arrive in Canada if you’re carrying more than CAN $10,000. If you don’t, you may be fined, and your funds could be seized.

Health documentation

Children in Canada are vaccinated (immunized) starting when they are newborns. Vaccinations help to prevent serious infections or diseases.

Customs declaration card

Before you arrive in Canada, you may be asked to complete a Customs Declaration Card. Complete this card before meeting with customs and immigration officials, even if you aren’t a Canadian citizen.

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