U.S. Residents Earning Canadian Income
IRS Compliance Requirements:
- File Form 1040 annually if the individual is a U.S. citizen or U.S. resident for tax purposes.
- Report worldwide income, including Canadian rental income, interest, dividends, pensions, employment income, business income, and capital gains.
- Report Canadian rental income and deductible expenses on Schedule E, where applicable.
- Report Canadian interest and dividend income on the appropriate schedules, including Schedule B where required.
- File Form 1116 to claim a foreign tax credit for qualifying Canadian income taxes paid or accrued, subject to U.S. foreign tax credit limitations.
- Review whether Canadian-source income qualifies for a foreign tax credit or other treaty-based relief.
- Report the disposition of Canadian real estate and other Canadian investments, including any applicable capital gains.
- Review U.S. tax treatment of Canadian pensions, RRSPs, TFSAs, RESPs, FHSAs, and other Canadian registered accounts.
- Review FBAR (FinCEN Form 114) requirements for Canadian financial accounts where the applicable aggregate account-value threshold is exceeded.
- Review Form 8938 (FATCA) requirements for specified Canadian financial assets exceeding the applicable thresholds.
- File Form 3520/3520-A, Form 5471, Form 8865, Form 8621, Form 8858, or other international information returns where applicable based on Canadian trusts, corporations, partnerships, investments, or other foreign entities.
- Review Schedule 3 and other applicable forms for capital gains and losses arising from Canadian property or investments.
- Apply applicable Canada–U.S. Tax Treaty provisions, including rules concerning residence, income from real property, pensions, employment income, and other Canadian-source income.
- Maintain documentation for Canadian tax paid, T-slips, rental statements, property transactions, investment statements, exchange rates, and foreign financial accounts.
CRA Compliance Requirements:
- Determine whether the individual is a resident or non-resident of Canada for Canadian tax purposes.
- If a Canadian resident, file T1 General and report worldwide income.
- If a non-resident, determine whether a Canadian tax return is required based on the type of Canadian-source income and the applicable Canadian rules.
- Report Canadian rental income and allowable expenses in accordance with Canadian tax rules.
- Consider a Section 216 return where a non-resident earns rental income from Canadian real property and wishes to have Canadian tax calculated on net rental income rather than the applicable gross withholding regime.
- Review Canadian non-resident withholding tax requirements, including the general 25% withholding rate on certain types of Canadian-source income, subject to treaty reductions.
- Review Form NR6 where applicable for non-resident rental property owners who wish to have withholding based on estimated net rental income, subject to CRA approval.
- Report Canadian interest, dividends, pension income, employment income, business income, and other Canadian-source income, as applicable.
- Review Canadian tax obligations on the sale of Canadian real estate, including non-resident withholding requirements and the Section 116 certificate of compliance process.
- File the applicable forms relating to the disposition of taxable Canadian property, which may include Form T2062 or other applicable forms depending on the property and circumstances.
- Review Canadian capital gains tax on the disposition of Canadian real estate, shares, or other taxable Canadian property.
- Review whether Form T1135 applies based on the individual’s Canadian residency status and ownership of specified foreign property. Note: T1135 is generally a Canadian-resident reporting requirement and does not ordinarily apply merely because a U.S. resident owns Canadian assets.
- Review Canadian tax treatment of Canadian pensions and retirement arrangements and applicable treaty provisions.
- Apply the Canada–U.S. Tax Treaty to determine Canadian taxing rights, withholding rates, residency treatment, and relief from double taxation.
- Maintain records of Canadian-source income, expenses, withholding taxes, rental property documents, investment statements, property purchase and sale documents, and taxes paid.
