The US is
the only western country in the world that imposes tax on its citizens
regardless of where they live and no matter where income is earned. Most
countries require only residents to pay tax. If you exit Canada, for
example, you don’t have to file any more Canadian tax returns.
The US policy is different. Moving away from the homeland doesn’t
mean you are free from the Internal Revenue Service (IRS). You are
required to file your US tax returns every year, report your worldwide
income to the IRS and pay any tax imposed by the US tax laws.
Since
Canadian residents report worldwide income to the Canada Revenue
Agency, US citizens living in Canada have heavy compliance requirements
in order to keep up with filings in both countries on income from every
source.
US citizens must file personal income tax returns on Form
1040 each year. All worldwide employment income, interest, dividends and
gains are reported. US tax rules, which often differ from Canadian
rules, apply to determine whether US tax is payable in a given year.
Thankfully,
there are a number of mechanisms available that prevent double taxation
on most of these types of income. As discussed below, most US citizens
living in Canada can stay compliant merely by filing correctly.
Generally there is no excess tax payable in the US.
Foreign Earned Income Exclusion
The
Foreign Earned Income Exclusion (FEIE) is available to exclude up to
$99,200 (in 2014) of employment or business income earned outside the
US. As long as you are actually living and working most of the time in
Canada, the IRS will not tax even a very good wage. However, unearned
income, such as interest, dividends and capital gains, cannot be
excluded under the FEIE.
For those living a more cross-border
lifestyle, the residency limitations of the FEIE could pose problems as
well. The FEIE is only available if you meet the “bona fide foreign
resident” (BFFR) test or the “physical presence test” (PPT).
To
demonstrate status as a BFFR in Canada, an individual would most often
have to file a Canadian tax return as a resident of Canada throughout
the whole year. There are special relieving provisions for people who
move to or from the US in a year.
The physical presence test requires the individual spend at least 330 days in a twelve-month period outside the United States.
To
take the FEIE, an individual must have his or her “tax home” outside
the United States throughout the year (for a BFFR), and for the 330-day
period (under the PPT). A tax home is generally the main place that an
individual works, if he or she works, and the main residence, otherwise.
Foreign Tax Credits (FTCs)
Where
annual income is greater than the FEIE exclusion amount or non-wage
income is received, FTCs are fundamental to ensuring that most kinds of
income don’t get taxed twice. Generally, taxes paid to a foreign country
on income earned will generate a nonrefundable credit in the US,
canceling out the US tax on that item of income.
Canadian personal
tax rates are, for the overwhelming majority of people, higher than US
rates, so the FTC regime will almost always ensure that Americans in
Canada who have no US-source income pay no US tax.
Those who have
US income will usually find that the Canadian FTC will offset the US
tax, so there is no double taxation. In these cases, the total tax is
the same as if all the income were earned in Canada; all one is doing is
allocating how much goes to each revenue authority.
However,
there are many complicated rules related to the source, timing and
character of income that can limit the amount you can claim. Therefore,
especially when entities such as companies or trusts are involved,
careful planning is important to maximize the FTCs available.
Problems Remain
The
biggest problems arise when an item of income is taxed in one country
and not in the other. A good example is when a US citizen sells their
principal residence in Canada for a substantial gain. Under the Income
Tax Act of Canada, the transaction is exempt from capital gains tax. The
historic increase in property values, especially in big Canadian
cities, means that baby boomers looking to downsize their homes will
receive windfalls of tax-free cash.
However, under US law, each
person can only claim $250,000 as a capital gains exemption for a
principal residence, with any excess taxed by the IRS at rates up to
23.4 per cent. So, if Jane, a US citizen, sells her home for a $500,000
gain, she may have to write a cheque to the IRS for more than $57,000 of
tax without credits in Canada. If Jane co-owned the home as a joint
tenant with her husband, she would usually only claim her half of the
gains, so that a total capital gain of $500,000 could occur without tax.
This exclusion of capital gains tax only applies if Jane has owned the
home and lived in it for at least two years in the past five year
period. Again, there are exceptions to this rule, such as for people who
are required to move for their work.
There are other instances
where the mechanisms in place intended to prevent double taxation fall
short. As discussed in later chapters, the tax treatment of certain
types of entities can complicate tax planning for a US citizen living in
Canada.
As well, fluctuations in the relative values of the
Canadian and US dollar can result in disproportionately high capital
gains in one country with tax owing as a consequence.
For the most
part, maintaining compliance with US tax requirements is little more
than paperwork. Nonetheless, as discussed in the next chapter, the
paperwork can be quite burdensome all by itself. And then there is the
estate planning that should be implemented to keep US tax exposure as
low as legally possible.
