U.S. Citizens Living In Canada
IRS Compliance Requirements:
- File Form 1040 annually and report worldwide income.
- File FBAR (FinCEN Form 114) if foreign financial accounts exceed the applicable aggregate 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.
- Consider Form 2555 where eligible for the foreign earned income exclusion.
- 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 that are treated as PFICs for U.S. tax purposes.
- File Forms 3520 and 3520-A, where applicable, for certain Canadian trusts and foreign trust transactions.
- Review U.S. reporting requirements for Canadian RRSPs, TFSAs, RESPs, FHSAs, pensions, corporations, partnerships, trusts, and other investments.
- Apply applicable Canada–U.S. Tax Treaty provisions and elections where appropriate.
- Review U.S. estate and gift tax implications where significant assets or gifts are involved.
CRA Compliance Requirements:
- File T1 General annually and report worldwide income if resident in Canada for tax purposes.
- Report U.S. employment, business, rental, investment, pension, and other foreign-source income on the Canadian return, as applicable.
- 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.
- Report foreign investment income and capital gains from U.S. securities and other investments.
- Claim the foreign tax credit for qualifying U.S. income taxes paid, where available.
- Report foreign pensions and other U.S. retirement income according to the applicable Canadian rules and treaty provisions.
- Review Canadian reporting requirements for foreign trusts, partnerships, corporations, and other foreign entities.
- Apply the Canada–U.S. Tax Treaty where relevant to residency, income allocation, withholding, and double-taxation issues.
- Review departure tax and deemed disposition rules if the individual ceases to be a Canadian resident.
- Maintain supporting records for foreign income, taxes paid, financial accounts, investments, and exchange-rate calculations.
