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.
Selling Canadian Rental Property
  • 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.
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