Dual Citizens And Dual Residents
IRS Compliance Requirements:
- File Form 1040 annually if the individual is a U.S. citizen, generally regardless of where they live.
- Report worldwide income, including Canadian employment, business, rental, investment, pension, and other income.
- File FBAR (FinCEN Form 114) if the aggregate value of qualifying foreign financial accounts exceeds the applicable reporting threshold.
- File Form 8938 (FATCA) if specified foreign financial assets exceed the applicable thresholds.
- File Form 1116 to claim a foreign tax credit for qualifying Canadian income taxes paid, where applicable.
- Consider Form 2555 for the foreign earned income exclusion where the eligibility requirements are met.
- File Form 5471 where applicable for ownership or control of certain Canadian corporations.
- File Form 8865 where applicable for interests in certain Canadian partnerships.
- File Form 8621 where applicable for Canadian investments treated as PFICs for U.S. tax purposes.
- File Forms 3520 and 3520-A, where applicable, for certain Canadian trusts and foreign trust transactions.
- File Form 8858 where applicable for certain foreign disregarded entities or foreign branches.
- Review U.S. reporting and tax treatment of Canadian TFSAs, RESPs, FHSAs, RRSPs, pensions, corporations, partnerships, trusts, and investment accounts.
- Review U.S. estate and gift tax considerations where significant assets, gifts, or inheritances are involved.
- Apply applicable Canada–U.S. Tax Treaty provisions, including residency and tie-breaker rules where relevant.
- Maintain records supporting foreign income, financial accounts, investments, taxes paid, exchange rates, and international information returns.
CRA Compliance Requirements:
- File T1 General annually if the individual is a resident of Canada for Canadian tax purposes.
- Determine Canadian tax residency status, including factual residency, deemed residency, and non-resident status where applicable.
- If resident in Canada, report worldwide income, including U.S. employment, business, rental, investment, pension, and other foreign-source income.
- File Form T1135 (Foreign Income Verification Statement) if specified foreign property exceeds the applicable reporting threshold.
- File Form T1134 where applicable for interests in certain U.S. foreign affiliates.
- Review reporting requirements for foreign trusts, partnerships, corporations, and other foreign entities.
- Report U.S. interest, dividends, capital gains, rental income, business income, pensions, and other foreign-source income, as applicable.
- Claim a foreign tax credit for qualifying U.S. federal and state taxes paid, subject to Canadian foreign tax credit limitations.
- Review the Canadian tax treatment of U.S. IRAs, 401(k)s, Roth IRAs, pensions, and other U.S. retirement arrangements.
- Review the Canadian treatment of U.S. securities and investments, including capital gains, dividends, foreign exchange gains/losses, and investment income.
- Review the tax and reporting treatment of Canadian registered accounts from the U.S. perspective, including RRSPs, TFSAs, RESPs, FHSAs, and other registered plans, where relevant.
- Apply the Canada–U.S. Tax Treaty to determine residency, taxing rights, withholding treatment, pension taxation, and relief from double taxation.
