| FAQ Keyword |
2005 Tax Year |
Keyword: Canada/Canadian Issues
This is archived information that pertains only to the 2005 Tax Year. If you
are looking for information for the current tax year, go to the Tax Prep Help Area.
For an American citizen residing in Canada using Form 1040A, is
the taxable amount of U.S. social security benefits $0.00 due to the Canada-U.S.
tax treaty?
Under the 1997 protocol to the Canada - U.S. tax treaty, the Canadian and
U.S. governments agreed to return to a residence-based system under which
social security benefits are taxable exclusively in the country where the
recipient resides. As a result, the entry for taxable social security is $0.00.
References:
- Tax Topic 423, Social Security and Equivalent Railroad Retirement
Benefits
- Publication 597, Information on the United States-Canada Income
Tax Treaty
- Publication 915, Social Security and Equivalent Railroad Retirement
Benefits
I am a U.S. citizen. If I move to Canada to live and work there
as a Canadian permanent resident, do I pay both U.S. and Canadian Taxes?
United States citizens living abroad are required to file annual U.S.
income tax returns and report their worldwide income if they meet the minimum
income filing requirements for their filing status and age. You must contact
the Canadian Government to determine whether you must file a Canadian tax
return and pay Canadian taxes. For the United States income tax return, you
will have several options available to you regarding claiming a foreign tax
credit or excluding some or all of your foreign earned income.
I am a Canadian citizen living and working in the U.S. for a U.S.
employer on a visa. Do I need to file both a U.S. tax return and a Canadian
tax return?
You must comply with both U.S. and Canadian filing requirements, if any.
In the United States, you generally are required to file a return if you have
income from the performance of personal services within the United States.
However, under certain circumstances, that income may be exempt from payment
of U.S. tax pursuant to the U.S.-Canada income tax treaty. You need to determine
what type of visa you have, and how that impacts your residency status in
the United States. If, based on the tax code and your visa status you are
treated as a U.S. resident, then your entitlement to treaty benefits will
be impacted. You must contact the Canadian government to determine whether
you must file a Canadian tax return and pay Canadian taxes.
Are the Canada Pension Plan and Canadian Old Age Security Benefits
taxable? If they are, please tell me where they should be entered on Form
1040.
Benefits paid under the Canada Pension Plan (CPP), Quebec Pension Plan
(QPP), and Old Age Security (OAS) program to a U.S. resident are taxable,
if at all, only in the United States. According to the U.S. - Canada income
tax treaty, taxation of these benefits is based on residence. U.S. citizens
or green card holders who reside in Canada are not subject to U.S. tax on
this income.
These Canadian benefits are treated as U.S. social security benefits for
U.S. tax purposes. Thus, under section 86 of the Internal Revenue Code, the
portion of the benefits that is taxable will depend on your income and filing
status. If your modified adjusted gross income is above certain limits, a
maximum of 85% of your benefits will be subject to U.S. tax. Refer to Tax Topic 423 for information about determining the taxable amount of your benefits.
Any benefit under the social security legislation of Canada that would not
be subject to Canadian tax if paid to a resident of Canada is not subject
to U.S. tax.
Canadian benefits that are treated as U.S. social security benefits are
reported onForm 1040 (PDF) , U. S. Individual
Income Tax Return or Form 1040A (PDF).
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