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RRSP's, The Tax Treaty, The Mess(Information supplied on this topic is from experience only, and in no way reflects
policies, regulations, or laws from either Canada, USA, Manitoba, or Minnesota). Even though I have researched this topic for hundreds
of hours, do NOT treat the below as professional advice. I think you
will find the below information, however, to be quite accurate. |
General:
There is a false belief that monies held in a Canadian RRSP plans are
completely safe from Uncle Sam. After all, they are in a safe place in
Canada, and we have a tax treaty to protect us from getting ourselves screwed
from loosing this money. Right? Wrong. The Tax Treaty, also
called the "Convention" is a huge document that exists between Canada
and the USA (and Canada and various other countries, and the US and various
other countries). When I refer to the Tax Treaty, I am referring to the
specific document created for use between the USA and Canada. When I refer
to one being a "resident" of either country, I am using this term
"for taxation purposes" only - not for immigration or other purposes.
There are 4, or possibly 6 steps that need to be completed if you have RRSP accounts in the USA come tax filing time. Some of these steps are also needed to report general foreign accounts as well. They are:
Four possible situations can arise for a Canadian taxpayer, and the information that you provide with form 8891 is slightly different for each possible situation, each described below. An election needs to be filed for each and every RRSP or Pension account (each on a separate piece of paper), each and every year for as long as you are living in the USA - or until such account no longer exists.
Straight
Forward Type Election
If you have an account into which you have not transferred another account,
nor have taken a distribution, use this form.
Although not explicitly mentioned in the Rev. Proc. It would be useful to indicate these on the Rev.Proc statement for that account.
Transferor
Type Election
When rolling over one TRANSFEROR account into an other TRANSFEREE, one must
provide a Statement on which the final total deferred income is to be indicated.
This Statement must be attached to your return (unchanged) until
your the tranferEE account is eventually closed
Transferee Type
Election
Any account, either new or already existing, INTO which another RRSP has been
rolled, is known as a TRANSFEREE account. As well as indicating the basic
information for this acount, one must also "repeat" the information from the
transferOR account(s) statement. This transferOR information should remain
listed on the statement every year.
Note that these statements do not cover all circumstances, however the above 4
basic statements can be "combined" to cover any of these.
Note also that this is the 1st year rhat these are being used, and any
modifications, particularly arising from feedback from IRS, will be communicated
here.
Conclusions:
I hope this information was useful. Compiling it was the effort of many hundreds of hours of research, meetings, e-mails, and phone calls. However, as stated above, I am NOT a taxation expert. Please consider consulting with an experienced accountant familiar with taxation laws that are applicable to Canadians working in the USA.
An excellent document that you should download is
called the Taxation of
Canadians Living and/or Working in the United States by Mark
Serbinski, C.A.
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