US resident with Canadian Corp - 5471 - TD F-90.22 REV.PROC 2002-23 NOTICE 2003-75
QUESTION:
Hello,
I just recently married and became a US citizen and thus recieved my residency. I have a possible employee/contractor who is a Canadian citizen and who just got married to a US citizen (and is living in the US with his new wife) but does not have his residency status as yet. What the implications for me doing business with this individual through the Canadian corporation and what are the implications if he works for or is contracted by a Canadian corp while he is down here working on getting his residency status?
Thanks
david ingram replies:
You would be hiring an illegal worker which would not do you any good and not do him any good either.
He can not work without a work permit or his resident alien cad or EA (employment authorization).
I presume that when you say you got your US citizen status, you got it through your parents. A recent marriage would not get you citizenship status. If you meant that you just got your green card, you are jeopardizing your status by hiring an illegal worker.
You can hire a Canadian Corporation to do anything in Canada. If the corporation is sending someone to the US to do the work, the employee still needs a working visa which could be a TN or an H1.
Further, your Canadian with the Canadian Corpoaration must file Form 5471 when he gets his residency status. Failure to file Form 5471 has penalties of up to $50,000 a year. The failure to file it is $10,000 for the first 90 days and $10,000 every thirty days after to a maximum of $50,000.
The Instructions for form 5471 can be read here
http://www.irs.gov/pub/irs-pdf/i5471.pdf
The actual form is at:
http://www.irs.gov/pub/irs-pdf/f5471.pdf
Some of the extra schedules are at:
Schedule J
http://www.irs.gov/pub/irs-pdf/f5471sj.pdf
Schedule M
http://www.irs.gov/pub/irs-pdf/f5471sm.pdf
Schedule N
http://www.irs.gov/pub/irs-pdf/f5471sn.pdf
Schedule O
http://www.irs.gov/pub/irs-pdf/f5471so.pdf
Both of you have to report any Canadian Accounts (RRSP, bank, mutual funds) on form TD F-90.22 which has a penalty of up to $500,000 plus five years in jail. (see bottom of schedule B of your 1040).
http://www.irs.gov/pub/irs-fill/f9022-1.pdf
You also have to report the internal earnings of the RRSP as per NOTICE 2003-75 and REV.PROC 2002-23
The following is another question I answered on this subject.
QUESTION:
Hi, You wrote an article addressing the issue of keeping ties to Canada while claiming non-resident status and included a list of items that are red flags if you will. I have lived in the US for 5 years on a TN visa under the assumption that I was a non-resident and am planning on coming back soon but am now really worried about losing my savings. My ties to Canada include an RRSP (untouched since I left), 2 CDN visa cards and several trips to Canada (approx 3-4 per yr (2-3 wks each)with some being to get a new visa, but most to visit). I have a US driver's lic., car, bank account and licensures and no CDN dependants or affiliations. I realize it's not just one or two things, but I'm really freaked out. Do I have a lot to worry about? Thank you for your time and assistance with this matter.
XXX
ps. I understand "This question will be answered without detailed information or consultation and the answer is to be regarded only as general comment".
========================================================
david ingram replies;
You have nothing to worry about. The US is a tax treaty country and you have had more ties to the US than to Canada.
However, I hope you have been reporting your RRSP's and other Canadian Accounts to the US every year.
Read the following -- It has been made less onerous, but the reporting rules still exist. Note that the form has not been released yet as of June 16, 2004.
=============================
Notice 2003-75
RRSP and RRIF Information Reporting
2003 IRB LEXIS 474; 2003-50 I.R.B. 1204; Notice 2003-75
December 15, 2003
[*1]
SECTION 1. BACKGROUND.
Notice 2003-25, 2003-18 I.R.B. 855, and Notice 2003-57, 2003-34 I.R.B. 397, provided guidance to taxpayers regarding their 2002 taxable year information reporting obligations with respect to Canadian registered retirement savings plans ("RRSPs") and registered retirement income funds ("RRIFs"). These Notices stated that Treasury and the IRS intended to develop an alternative, simplified reporting regime for these Canadian retirement plans for future taxable years.
This notice describes the new simplified reporting regime that Treasury and the IRS have developed for taxpayers who hold interests in RRSPs and RRIFs. The new reporting regime, which is effective for taxable years beginning after December 31, 2002, is in lieu of the filing obligations under section 6048 (Form 3520 (Annual Return to Report Transactions with Foreign Trusts and Receipt of Certain Foreign Gifts) and Form 3520-A (Annual Information Return of Foreign Trust with a U.S. Owner)) that otherwise apply to U.S. citizens and resident aliens who hold interests in RRSPs and RRIFs and to the custodians of such plans. The new [*2] simplified reporting regime is designed to permit taxpayers to meet their reporting obligations by using information that is readily available to them.
SECTION 2. NEW REPORTING REGIME.
.01. New Form. Under the authority of section 6001 of the Internal Revenue Code, Treasury and the IRS are designing a new form that a U.S. citizen or resident alien who holds an interest in an RRSP or RRIF must complete and attach to his or her Form 1040. The new form also will coordinate the reporting rules with the procedure set forth in section 4 of Revenue Procedure 2002-23, 2002-1 C.B. 744, for making the election under Article XVIII(7) of the U.S.-Canada income tax convention to defer U.S. income taxation of income accrued in the RRSP or RRIF.
.02. Interim Reporting Rules for Beneficiaries Making the Election to Defer U.S. Income Taxation on Income of an RRSP or RRIF. Until the form referred to in section 2.01 of this notice is available, any U.S. citizen or resident alien who is a beneficiary (as defined in section 2.06 of this notice) of an RRSP or RRIF and who has made the election described in section 4 of Revenue Procedure 2002-23 [*3] with respect to the RRSP or RRIF, or who is making such election effective for the 2003 taxable year and subsequent taxable years, must
(i) attach a copy of each such election to his or her Form 1040;
(ii) indicate the balance in each RRSP or RRIF at the end of the taxable year either on the copy of the election or by attaching a copy of a statement issued by the custodian of the RRSP or RRIF; and
(iii) comply with section 2.05 of this notice if he or she has received any distributions during the taxable year from such RRSP or RRIF.
.03. Interim Reporting Rules for Beneficiaries Not Making the Election to Defer U.S. Income Taxation on Income of an RRSP or RRIF. Until the form referred to in section 2.01 of this notice is available, any U.S. citizen or resident alien who is a beneficiary (as defined in section 2.06 of this notice) of an RRSP or RRIF and who has not made the election described in section 4 of Revenue Procedure 2002-23 with respect to the RRSP or RRIF, and who is not making such election for the 2003 taxable year, must attach a statement to his or her Form 1040 that includes the following information:
(i) The caption [*4] "CANADIAN RRSP" or "CANADIAN RRIF," whichever is applicable;
(ii) The taxpayer's name and taxpayer identification number;
(iii) The taxpayer's address;
(iv) The name and address of the custodian of the RRSP or RRIF and the plan account number, if any;
(v) The amount of contributions to the RRSP or RRIF during the taxable year;
(vi) The undistributed earnings of the RRSP or RRIF during the taxable year in each of the following categories: interest, dividends, capital gains, and other;
(vii) The total amount of distributions received from the RRSP or RRIF during the taxable year; and
(viii) The balance in the RRSP or RRIF at the end of the taxable year.
The taxpayer must provide a separate statement for each RRSP or RRIF of which he or she is a beneficiary. In addition to attaching the statement described in this section 2.03 to his or her Form 1040, the taxpayer must report the undistributed earnings for that taxable year of all such RRSPs and RRIFs on Schedule B (Interest and Ordinary Dividends) or D (Capital Gains and Losses), as appropriate, and on line 8a, 9, 13, or 21 of the Form 1040. The taxpayer must also comply with section 2.05 of this notice if the taxpayer has received [*5] any distributions during the taxable year from such RRSP or RRIF.
.04. Interim Reporting Rules for Annuitants of RRSPs and RRIFs. Until the form referred to in section 2.01 of this notice is available, if a U.S. citizen or resident alien is an annuitant (as defined in section 2.06 of this notice) under an RRSP or RRIF that has no beneficiary (as defined in section 2.06 of this notice), and the annuitant receives a distribution from the RRSP or RRIF, the annuitant must in the year of distribution attach a statement to his or her Form 1040 that includes the following information:
(i) The caption "ANNUITANT UNDER CANADIAN RRSP' or "ANNUITANT UNDER CANADIAN RRIF," whichever is applicable;
(ii) The annuitant's name and taxpayer identification number;
(iii) The annuitant's address;
(iv) The name and address of the custodian of the RRSP or RRIF and the plan account number, if any;
(v) The total amount of distributions received from the RRSP or RRIF during the taxable year; and
(vi) The balance in the RRSP or RRIF at the end of the taxable year.
The annuitant must provide a separate statement for each such RRSP or RRIF from which he or she has received a distribution during the taxable [*6] year. The annuitant must comply with section 2.05 of this notice with respect to such distributions.
.05. Distributions. A U.S. citizen or resident alien who has received any distributions during the taxable year from an RRSP or RRIF must report the total amount of distributions received during the taxable year from all such RRSPs and RRIFs on line 16a of the Form 1040 and the taxable amount of all such distributions (as determined under section 72) on line 16b of the Form 1040.
.06. Definition of Beneficiary and Annuitant. For purposes of the new simplified reporting regime described in this notice, a beneficiary of an RRSP or RRIF is an individual who is subject to current U.S. income taxation on income accrued in the RRSP or RRIF or would be subject to such taxation had the individual not made the election under Article XVIII(7) of the U.S.-Canada income tax convention to defer U.S. income taxation of income accrued in the RRSP or RRIF. For these purposes, an annuitant of an RRSP or RRIF is an individual who is designated pursuant to the RRSP or RRIF as an annuitant.
.07. Record Retention. Taxpayers must retain supporting documentation relating to information required [*7] by the new reporting regime, including Canadian Forms T4RSP, T4RIF, or NR4, and periodic or annual statements issued by the custodian of the RRSP or RRIF.
SECTION 3. SECTIONS 6048 AND 6677 ARE NOT APPLICABLE
The new simplified reporting regime, instituted under the authority of section 6001, provides the information needed for tax compliance purposes. Therefore, pursuant to section 6048(d)(4), no reporting will be required under section 6048 with respect to RRSPs and RRIFs that have beneficiaries or annuitants who are subject to the new simplified reporting regime. Accordingly, the associated penalties described in section 6677 do not apply to such RRSPs and RRIFs and their beneficiaries or annuitants. A beneficiary or annuitant of an RRSP or RRIF may, however, be subject to other penalties.
SECTION 4. EFFECT ON OTHER DOCUMENTS.
Notice 2003-25, Notice 2003-57, and section II.E of Notice 97-34 (pertaining to reporting for certain transfers to RRSPs), 1997-1 C.B. 422, are superseded to the extent inconsistent with this notice.
SECTION 5. EFFECTIVE DATE.
This notice is effective for taxable years beginning after December 31, 2002.
SECTION 6. PAPERWORK REDUCTION [*8] ACT.
The collection of information contained in this notice has been reviewed and approved by the Office of Management and Budget in accordance with the Paperwork Reduction Act (44 U.S.C. 3507) under control number 1545-1865.
An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number.
The collection of information in this notice is in section 2. This information will be used to compute and collect the right amount of tax. The likely respondents are individuals.
The estimated total annual reporting burden under the new simplified reporting regime for taxpayers who hold interests in RRSPs and RRIFs is 1,500,000 hours. The estimated annual burden per respondent varies from 0.5 hour to 5 hours, depending on individual circumstances, with an estimated average of 2 hours. The estimated number of respondents is 750,000.
The estimated annual frequency of responses is once per respondent per plan.
The new simplified reporting regime substantially reduces the reporting burden of taxpayers who hold interests in RRSPs and RRIFs. Under [*9] the prior regime, the average estimated reporting burden was more than 50 hours per Form 3520 (more than 100 hours per respondent). In addition, the new simplified reporting regime eliminates the requirement to file Form 3520-A, reducing the burden of a custodian by more than 40 hours per RRSP or RRIF.
Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103.
SECTION 7. DRAFTING INFORMATION.
The principal author of this notice is Willard W. Yates of the Office of Associate Chief Counsel (International). For further information regarding this notice contact Willard W. Yates on (202) 622-3880 (not a toll-free call).
Send To: YATES, WILLARD
IRS CHIEF COUNSEL
1111 CONSTITUTION AVE NW RM 2116IR
WASHINGTON, DISTRICT OF COLUMBIA 20224-0002
==========================
REV-PROC 2002-23
Send to: YATES, WILLARD
IRS CHIEF COUNSEL
1111 CONSTITUTION AVE NW RM 2116IR
WASHINGTON, DISTRICT OF COLUMBIA 20224-0002
LEXSEE REV PROC 2002-23
Rev. Proc. 2002-23
26 CFR 601.602: Tax forms and instructions.
(Also Part I, Section 894; Part II, United States-Canada Income Tax Convention.)
2002-1 C.B. 744; 2002 IRB LEXIS 136; 2002-15 I.R.B. 744; REV. PROC. 2002-23
April 15, 2002
[*1]
SECTION 1. PURPOSE
This revenue procedure provides guidance for applying Article XVIII(7) of the United States-Canada Income Tax Convention, signed on September 26, 1980, as amended by Protocols signed on June 14, 1983, March 28, 1984, March 17, 1995, and July 29, 1997 (the "Convention"). It supersedes Revenue Procedure 89-45, 1989-2 C.B. 596, which provided guidance for applying former Article XXIX(5) of the Convention. Article XVIII(7), which was added to the Convention by the Protocol that was signed on March 17, 1995, expanded and replaced Article XXIX(5).
SEC. 2. BACKGROUND
.01 Domestic Rules. Under the domestic law of the United States, an individual who is a citizen or resident of the United States and a beneficiary of a Canadian retirement plan will be subject to current United States income taxation on income accrued in the plan even though the income is not currently distributed to the beneficiary, unless the plan is an employees' trust within the meaning of section 402(b) of the Internal Revenue Code and the individual is not a highly compensated employee subject to the rule of section 402(b)(4)(A). However, if the plan satisfies [*2] certain requirements under the domestic law of Canada, the income accrued in the plan will not be subject to Canadian income taxation until it is actually distributed from the plan (or from another plan to which it is transferred in a tax-free rollover). Thus, there may be a mismatch between the timing of the United States tax and the Canadian tax, with the result that the individual may be subject to double taxation for which no relief is available under Article XXIV of the Convention.
.02 Former Article XXIX(5). Former Article XXIX(5) of the Convention addressed the timing mismatch in respect of a U.S. citizen who was a resident of Canada and a beneficiary of a Canadian registered retirement savings plan ("RRSP") by providing that such a U.S. citizen could elect, under rules established by the competent authority of the United States, to defer United States taxation with respect to any income accrued in the RRSP but not distributed by the RRSP, until such time as a distribution was made from such RRSP or any plan substituted therefor. The rules for making an election under former Article XXIX(5) were set forth in Revenue Procedure 89-45. [*3] Additional guidance was set forth in Revenue Ruling 89-95, 1989-2 C.B. 131, which provided that if the proceeds of a RRSP were rolled over to a Canadian registered retirement income fund ("RRIF"), the RRIF would be treated as a plan substituted for the RRSP, with the result that both the proceeds that were rolled over from the RRSP and the income subsequently accrued in the RRIF could qualify for deferral under former Article XXIX(5).
.03 Article XVIII(7). Article XVIII(7) of the Convention now provides, effective for taxable years beginning on or after January 1, 1996, that a natural person who is a citizen or resident of either the United States or Canada and a beneficiary of a trust, company, organization, or other arrangement that is a resident of the other country that is generally exempt from income taxation in the other country (a "plan"), and is operated exclusively to provide pension, retirement, or employee benefits, may elect to defer taxation in the person's country of citizenship or residence, under rules established by the competent authority of that country, with respect to any income accrued in the plan but not distributed [*4] by the plan, until such time as and to the extent that a distribution is made from the plan or any plan substituted therefor.
SEC. 3. SCOPE
This revenue procedure applies to an individual who is a citizen or resident of the United States and a beneficiary of one of the following Canadian plans (an "eligible plan"): a RRSP, a RRIF, a registered pension plan, or a deferred profit sharing plan. This revenue procedure applies regardless of whether the individual was a resident of Canada at the time contributions were made to the eligible plan. For purposes of this revenue procedure, a "beneficiary" of an eligible plan is an individual who would, in the absence of an election under Article XVIII(7) of the Convention, be subject to current United States income taxation on income accrued in the plan. The revenue procedure applies only to income accrued in an eligible plan and not to any contributions to the plan.
SEC. 4. ELECTION PROCEDURES
.01 In General. If income accruing in an eligible plan would otherwise be subject to current United States income taxation, a beneficiary of the eligible plan may elect for the beneficiary's taxable year (the "current year") and all subsequent [*5] years to defer United States income tax on the beneficiary's share of income accrued in the plan until that income is distributed to the beneficiary. Beneficiaries shall make the election by attaching to their timely filed (including extensions) United States federal income tax return for the current year, a statement that includes the following information:
(i) A statement that the taxpayer is claiming the benefit of Article XVIII(7) of the Convention under this revenue procedure;
(ii) The name of the trustee of the plan and the plan account number, if any; and
(iii) The balance in the plan at the beginning of the current year.
.02 Reporting. Beneficiaries shall attach a copy of the statement required in paragraph 4.01 to their timely filed (including extensions) United States federal income tax return for each year subsequent to the current year, until the tax year in which a final distribution is made from the plan (or from any transferee plan within the meaning of paragraph 4.03).
.03 Rollovers. If an eligible plan for which an election has been made pursuant to paragraph 4.01 ("transferor plan") is rolled over to another eligible plan ("transferee plan") in a transfer [*6] that does not result in the current imposition of Canadian income tax (e.g., a transfer such as that described in Revenue Ruling 89-95), the previous election is deemed to carry over to the transferee plan.
.04 Transferee Plan Reporting. In the case of a transferee plan, in addition to a copy of the statement required for the transferor plan under paragraph 4.02, in the tax year of the transfer ("transfer year"), beneficiaries shall attach an additional statement that includes the following information:
(i) A statement that the taxpayer is claiming the benefit of Article XVIII(7) of the Convention under this revenue procedure;
(ii) The name of the trustee of the transferee plan and the plan account number, if any;
(iii) The name of the trustee of the transferor plan and the plan account number, if any;
(iv) The total amount of income accrued in the transferor plan on which United States income tax was deferred under either Article XVIII(7) or former Article XXIX(5); and
(v) The initial balance in the transferee plan.
Beneficiaries of a transferee plan shall attach a copy of the statement required in paragraph 4.02 (transferor plan) and [*7] a copy of the statement required in this paragraph 4.04 (transferee plan) to their timely filed (including extensions) United States federal income tax return for each year subsequent to the transfer year, until the tax year in which a final distribution is made from the transferee plan.
.05 Multiple Plans. An individual who is a beneficiary of more than one eligible plan must make a separate election and file a separate statement for each eligible plan.
.06 Extension Of Time For Making Elections. An extension of time for making an election under paragraph 4.01 may be available under the procedures applicable under sections 301.9100-1 and 301.9100-3 of the Procedure and Administration Regulations.
.07 Prospective Change of Election. An election once made cannot be revoked except with the consent of the Commissioner.
SEC. 5. DISTRIBUTIONS FROM AN ELIGIBLE PLAN
Distributions received by a beneficiary from an eligible plan shall be included in gross income by the beneficiary in the manner provided under section 72 of the Internal Revenue Code, subject to any other applicable provision of the Convention.
SEC. 6. EFFECT ON OTHER DOCUMENTS
This revenue procedure supersedes [*8] Revenue Procedure 89-45, 1989-2 C.B. 596.
SEC. 7. EFFECTIVE DATE
This revenue procedure is effective for taxable years ending on or after December 31, 2001. For taxable years ending before such date and beginning on or after January 1, 1996, taxpayers may elect to apply either this revenue procedure or Revenue Procedure 89-45.
SEC. 8. PAPERWORK REDUCTION ACT
The collection of information contained in this revenue procedure has been reviewed and approved by the Office of Management and Budget in accordance with the Paperwork Reduction Act (44 U.S.C. 3507) under control number 1545 -1773.
An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number.
The collection of information in this revenue procedure is in section 4. This information is required to enable taxpayers to claim a benefit under the Convention. This information will be used to compute and collect the right amount of tax. The likely respondents are individuals.
The estimated total [*9] annual reporting burden is 10,000 hours. The estimated annual burden per respondent varies from 0.1 hour to 1 hour, depending on individual circumstances, with an estimated average of 0.5. The estimated number of respondents is 20,000.
The estimated annual frequency of responses is once per respondent.
Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103.
DRAFTING INFORMATION
The principal authors of this revenue procedure are M. Grace Fleeman and Amanda A. Ehrlich of the Office of the Associate Chief Counsel (International). For further information regarding this revenue procedure, contact Amanda A. Ehrlich at (202) 622-3880 (not a toll-free call).
Send To: YATES, WILLARD
IRS CHIEF COUNSEL
1111 CONSTITUTION AVE NW RM 2116IR
WASHINGTON, DISTRICT OF COLUMBIA 20224-0002
=====
After perusing the foregoing, you should also look at form TD F-90.22. You will find the reference to this on the bottom of schedule B of your US 1040. Penalties for filing the TD F-90 forms to report your foreign accounts is up to $500,000 US PLUS 5 years in jail.
Find and read and then fill out Form TD F-90 here. By the way, I am always here to look after you RRSP reporting and the TD F-90 forms.
http://www.irs.gov/pub/irs-fill/f9022-1.pdf
Hello,
I just recently married and became a US citizen and thus recieved my residency. I have a possible employee/contractor who is a Canadian citizen and who just got married to a US citizen (and is living in the US with his new wife) but does not have his residency status as yet. What the implications for me doing business with this individual through the Canadian corporation and what are the implications if he works for or is contracted by a Canadian corp while he is down here working on getting his residency status?
Thanks
david ingram replies:
You would be hiring an illegal worker which would not do you any good and not do him any good either.
He can not work without a work permit or his resident alien cad or EA (employment authorization).
I presume that when you say you got your US citizen status, you got it through your parents. A recent marriage would not get you citizenship status. If you meant that you just got your green card, you are jeopardizing your status by hiring an illegal worker.
You can hire a Canadian Corporation to do anything in Canada. If the corporation is sending someone to the US to do the work, the employee still needs a working visa which could be a TN or an H1.
Further, your Canadian with the Canadian Corpoaration must file Form 5471 when he gets his residency status. Failure to file Form 5471 has penalties of up to $50,000 a year. The failure to file it is $10,000 for the first 90 days and $10,000 every thirty days after to a maximum of $50,000.
The Instructions for form 5471 can be read here
http://www.irs.gov/pub/irs-pdf/i5471.pdf
The actual form is at:
http://www.irs.gov/pub/irs-pdf/f5471.pdf
Some of the extra schedules are at:
Schedule J
http://www.irs.gov/pub/irs-pdf/f5471sj.pdf
Schedule M
http://www.irs.gov/pub/irs-pdf/f5471sm.pdf
Schedule N
http://www.irs.gov/pub/irs-pdf/f5471sn.pdf
Schedule O
http://www.irs.gov/pub/irs-pdf/f5471so.pdf
Both of you have to report any Canadian Accounts (RRSP, bank, mutual funds) on form TD F-90.22 which has a penalty of up to $500,000 plus five years in jail. (see bottom of schedule B of your 1040).
http://www.irs.gov/pub/irs-fill/f9022-1.pdf
You also have to report the internal earnings of the RRSP as per NOTICE 2003-75 and REV.PROC 2002-23
The following is another question I answered on this subject.
QUESTION:
Hi, You wrote an article addressing the issue of keeping ties to Canada while claiming non-resident status and included a list of items that are red flags if you will. I have lived in the US for 5 years on a TN visa under the assumption that I was a non-resident and am planning on coming back soon but am now really worried about losing my savings. My ties to Canada include an RRSP (untouched since I left), 2 CDN visa cards and several trips to Canada (approx 3-4 per yr (2-3 wks each)with some being to get a new visa, but most to visit). I have a US driver's lic., car, bank account and licensures and no CDN dependants or affiliations. I realize it's not just one or two things, but I'm really freaked out. Do I have a lot to worry about? Thank you for your time and assistance with this matter.
XXX
ps. I understand "This question will be answered without detailed information or consultation and the answer is to be regarded only as general comment".
========================================================
david ingram replies;
You have nothing to worry about. The US is a tax treaty country and you have had more ties to the US than to Canada.
However, I hope you have been reporting your RRSP's and other Canadian Accounts to the US every year.
Read the following -- It has been made less onerous, but the reporting rules still exist. Note that the form has not been released yet as of June 16, 2004.
=============================
Notice 2003-75
RRSP and RRIF Information Reporting
2003 IRB LEXIS 474; 2003-50 I.R.B. 1204; Notice 2003-75
December 15, 2003
[*1]
SECTION 1. BACKGROUND.
Notice 2003-25, 2003-18 I.R.B. 855, and Notice 2003-57, 2003-34 I.R.B. 397, provided guidance to taxpayers regarding their 2002 taxable year information reporting obligations with respect to Canadian registered retirement savings plans ("RRSPs") and registered retirement income funds ("RRIFs"). These Notices stated that Treasury and the IRS intended to develop an alternative, simplified reporting regime for these Canadian retirement plans for future taxable years.
This notice describes the new simplified reporting regime that Treasury and the IRS have developed for taxpayers who hold interests in RRSPs and RRIFs. The new reporting regime, which is effective for taxable years beginning after December 31, 2002, is in lieu of the filing obligations under section 6048 (Form 3520 (Annual Return to Report Transactions with Foreign Trusts and Receipt of Certain Foreign Gifts) and Form 3520-A (Annual Information Return of Foreign Trust with a U.S. Owner)) that otherwise apply to U.S. citizens and resident aliens who hold interests in RRSPs and RRIFs and to the custodians of such plans. The new [*2] simplified reporting regime is designed to permit taxpayers to meet their reporting obligations by using information that is readily available to them.
SECTION 2. NEW REPORTING REGIME.
.01. New Form. Under the authority of section 6001 of the Internal Revenue Code, Treasury and the IRS are designing a new form that a U.S. citizen or resident alien who holds an interest in an RRSP or RRIF must complete and attach to his or her Form 1040. The new form also will coordinate the reporting rules with the procedure set forth in section 4 of Revenue Procedure 2002-23, 2002-1 C.B. 744, for making the election under Article XVIII(7) of the U.S.-Canada income tax convention to defer U.S. income taxation of income accrued in the RRSP or RRIF.
.02. Interim Reporting Rules for Beneficiaries Making the Election to Defer U.S. Income Taxation on Income of an RRSP or RRIF. Until the form referred to in section 2.01 of this notice is available, any U.S. citizen or resident alien who is a beneficiary (as defined in section 2.06 of this notice) of an RRSP or RRIF and who has made the election described in section 4 of Revenue Procedure 2002-23 [*3] with respect to the RRSP or RRIF, or who is making such election effective for the 2003 taxable year and subsequent taxable years, must
(i) attach a copy of each such election to his or her Form 1040;
(ii) indicate the balance in each RRSP or RRIF at the end of the taxable year either on the copy of the election or by attaching a copy of a statement issued by the custodian of the RRSP or RRIF; and
(iii) comply with section 2.05 of this notice if he or she has received any distributions during the taxable year from such RRSP or RRIF.
.03. Interim Reporting Rules for Beneficiaries Not Making the Election to Defer U.S. Income Taxation on Income of an RRSP or RRIF. Until the form referred to in section 2.01 of this notice is available, any U.S. citizen or resident alien who is a beneficiary (as defined in section 2.06 of this notice) of an RRSP or RRIF and who has not made the election described in section 4 of Revenue Procedure 2002-23 with respect to the RRSP or RRIF, and who is not making such election for the 2003 taxable year, must attach a statement to his or her Form 1040 that includes the following information:
(i) The caption [*4] "CANADIAN RRSP" or "CANADIAN RRIF," whichever is applicable;
(ii) The taxpayer's name and taxpayer identification number;
(iii) The taxpayer's address;
(iv) The name and address of the custodian of the RRSP or RRIF and the plan account number, if any;
(v) The amount of contributions to the RRSP or RRIF during the taxable year;
(vi) The undistributed earnings of the RRSP or RRIF during the taxable year in each of the following categories: interest, dividends, capital gains, and other;
(vii) The total amount of distributions received from the RRSP or RRIF during the taxable year; and
(viii) The balance in the RRSP or RRIF at the end of the taxable year.
The taxpayer must provide a separate statement for each RRSP or RRIF of which he or she is a beneficiary. In addition to attaching the statement described in this section 2.03 to his or her Form 1040, the taxpayer must report the undistributed earnings for that taxable year of all such RRSPs and RRIFs on Schedule B (Interest and Ordinary Dividends) or D (Capital Gains and Losses), as appropriate, and on line 8a, 9, 13, or 21 of the Form 1040. The taxpayer must also comply with section 2.05 of this notice if the taxpayer has received [*5] any distributions during the taxable year from such RRSP or RRIF.
.04. Interim Reporting Rules for Annuitants of RRSPs and RRIFs. Until the form referred to in section 2.01 of this notice is available, if a U.S. citizen or resident alien is an annuitant (as defined in section 2.06 of this notice) under an RRSP or RRIF that has no beneficiary (as defined in section 2.06 of this notice), and the annuitant receives a distribution from the RRSP or RRIF, the annuitant must in the year of distribution attach a statement to his or her Form 1040 that includes the following information:
(i) The caption "ANNUITANT UNDER CANADIAN RRSP' or "ANNUITANT UNDER CANADIAN RRIF," whichever is applicable;
(ii) The annuitant's name and taxpayer identification number;
(iii) The annuitant's address;
(iv) The name and address of the custodian of the RRSP or RRIF and the plan account number, if any;
(v) The total amount of distributions received from the RRSP or RRIF during the taxable year; and
(vi) The balance in the RRSP or RRIF at the end of the taxable year.
The annuitant must provide a separate statement for each such RRSP or RRIF from which he or she has received a distribution during the taxable [*6] year. The annuitant must comply with section 2.05 of this notice with respect to such distributions.
.05. Distributions. A U.S. citizen or resident alien who has received any distributions during the taxable year from an RRSP or RRIF must report the total amount of distributions received during the taxable year from all such RRSPs and RRIFs on line 16a of the Form 1040 and the taxable amount of all such distributions (as determined under section 72) on line 16b of the Form 1040.
.06. Definition of Beneficiary and Annuitant. For purposes of the new simplified reporting regime described in this notice, a beneficiary of an RRSP or RRIF is an individual who is subject to current U.S. income taxation on income accrued in the RRSP or RRIF or would be subject to such taxation had the individual not made the election under Article XVIII(7) of the U.S.-Canada income tax convention to defer U.S. income taxation of income accrued in the RRSP or RRIF. For these purposes, an annuitant of an RRSP or RRIF is an individual who is designated pursuant to the RRSP or RRIF as an annuitant.
.07. Record Retention. Taxpayers must retain supporting documentation relating to information required [*7] by the new reporting regime, including Canadian Forms T4RSP, T4RIF, or NR4, and periodic or annual statements issued by the custodian of the RRSP or RRIF.
SECTION 3. SECTIONS 6048 AND 6677 ARE NOT APPLICABLE
The new simplified reporting regime, instituted under the authority of section 6001, provides the information needed for tax compliance purposes. Therefore, pursuant to section 6048(d)(4), no reporting will be required under section 6048 with respect to RRSPs and RRIFs that have beneficiaries or annuitants who are subject to the new simplified reporting regime. Accordingly, the associated penalties described in section 6677 do not apply to such RRSPs and RRIFs and their beneficiaries or annuitants. A beneficiary or annuitant of an RRSP or RRIF may, however, be subject to other penalties.
SECTION 4. EFFECT ON OTHER DOCUMENTS.
Notice 2003-25, Notice 2003-57, and section II.E of Notice 97-34 (pertaining to reporting for certain transfers to RRSPs), 1997-1 C.B. 422, are superseded to the extent inconsistent with this notice.
SECTION 5. EFFECTIVE DATE.
This notice is effective for taxable years beginning after December 31, 2002.
SECTION 6. PAPERWORK REDUCTION [*8] ACT.
The collection of information contained in this notice has been reviewed and approved by the Office of Management and Budget in accordance with the Paperwork Reduction Act (44 U.S.C. 3507) under control number 1545-1865.
An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number.
The collection of information in this notice is in section 2. This information will be used to compute and collect the right amount of tax. The likely respondents are individuals.
The estimated total annual reporting burden under the new simplified reporting regime for taxpayers who hold interests in RRSPs and RRIFs is 1,500,000 hours. The estimated annual burden per respondent varies from 0.5 hour to 5 hours, depending on individual circumstances, with an estimated average of 2 hours. The estimated number of respondents is 750,000.
The estimated annual frequency of responses is once per respondent per plan.
The new simplified reporting regime substantially reduces the reporting burden of taxpayers who hold interests in RRSPs and RRIFs. Under [*9] the prior regime, the average estimated reporting burden was more than 50 hours per Form 3520 (more than 100 hours per respondent). In addition, the new simplified reporting regime eliminates the requirement to file Form 3520-A, reducing the burden of a custodian by more than 40 hours per RRSP or RRIF.
Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103.
SECTION 7. DRAFTING INFORMATION.
The principal author of this notice is Willard W. Yates of the Office of Associate Chief Counsel (International). For further information regarding this notice contact Willard W. Yates on (202) 622-3880 (not a toll-free call).
Send To: YATES, WILLARD
IRS CHIEF COUNSEL
1111 CONSTITUTION AVE NW RM 2116IR
WASHINGTON, DISTRICT OF COLUMBIA 20224-0002
==========================
REV-PROC 2002-23
Send to: YATES, WILLARD
IRS CHIEF COUNSEL
1111 CONSTITUTION AVE NW RM 2116IR
WASHINGTON, DISTRICT OF COLUMBIA 20224-0002
LEXSEE REV PROC 2002-23
Rev. Proc. 2002-23
26 CFR 601.602: Tax forms and instructions.
(Also Part I, Section 894; Part II, United States-Canada Income Tax Convention.)
2002-1 C.B. 744; 2002 IRB LEXIS 136; 2002-15 I.R.B. 744; REV. PROC. 2002-23
April 15, 2002
[*1]
SECTION 1. PURPOSE
This revenue procedure provides guidance for applying Article XVIII(7) of the United States-Canada Income Tax Convention, signed on September 26, 1980, as amended by Protocols signed on June 14, 1983, March 28, 1984, March 17, 1995, and July 29, 1997 (the "Convention"). It supersedes Revenue Procedure 89-45, 1989-2 C.B. 596, which provided guidance for applying former Article XXIX(5) of the Convention. Article XVIII(7), which was added to the Convention by the Protocol that was signed on March 17, 1995, expanded and replaced Article XXIX(5).
SEC. 2. BACKGROUND
.01 Domestic Rules. Under the domestic law of the United States, an individual who is a citizen or resident of the United States and a beneficiary of a Canadian retirement plan will be subject to current United States income taxation on income accrued in the plan even though the income is not currently distributed to the beneficiary, unless the plan is an employees' trust within the meaning of section 402(b) of the Internal Revenue Code and the individual is not a highly compensated employee subject to the rule of section 402(b)(4)(A). However, if the plan satisfies [*2] certain requirements under the domestic law of Canada, the income accrued in the plan will not be subject to Canadian income taxation until it is actually distributed from the plan (or from another plan to which it is transferred in a tax-free rollover). Thus, there may be a mismatch between the timing of the United States tax and the Canadian tax, with the result that the individual may be subject to double taxation for which no relief is available under Article XXIV of the Convention.
.02 Former Article XXIX(5). Former Article XXIX(5) of the Convention addressed the timing mismatch in respect of a U.S. citizen who was a resident of Canada and a beneficiary of a Canadian registered retirement savings plan ("RRSP") by providing that such a U.S. citizen could elect, under rules established by the competent authority of the United States, to defer United States taxation with respect to any income accrued in the RRSP but not distributed by the RRSP, until such time as a distribution was made from such RRSP or any plan substituted therefor. The rules for making an election under former Article XXIX(5) were set forth in Revenue Procedure 89-45. [*3] Additional guidance was set forth in Revenue Ruling 89-95, 1989-2 C.B. 131, which provided that if the proceeds of a RRSP were rolled over to a Canadian registered retirement income fund ("RRIF"), the RRIF would be treated as a plan substituted for the RRSP, with the result that both the proceeds that were rolled over from the RRSP and the income subsequently accrued in the RRIF could qualify for deferral under former Article XXIX(5).
.03 Article XVIII(7). Article XVIII(7) of the Convention now provides, effective for taxable years beginning on or after January 1, 1996, that a natural person who is a citizen or resident of either the United States or Canada and a beneficiary of a trust, company, organization, or other arrangement that is a resident of the other country that is generally exempt from income taxation in the other country (a "plan"), and is operated exclusively to provide pension, retirement, or employee benefits, may elect to defer taxation in the person's country of citizenship or residence, under rules established by the competent authority of that country, with respect to any income accrued in the plan but not distributed [*4] by the plan, until such time as and to the extent that a distribution is made from the plan or any plan substituted therefor.
SEC. 3. SCOPE
This revenue procedure applies to an individual who is a citizen or resident of the United States and a beneficiary of one of the following Canadian plans (an "eligible plan"): a RRSP, a RRIF, a registered pension plan, or a deferred profit sharing plan. This revenue procedure applies regardless of whether the individual was a resident of Canada at the time contributions were made to the eligible plan. For purposes of this revenue procedure, a "beneficiary" of an eligible plan is an individual who would, in the absence of an election under Article XVIII(7) of the Convention, be subject to current United States income taxation on income accrued in the plan. The revenue procedure applies only to income accrued in an eligible plan and not to any contributions to the plan.
SEC. 4. ELECTION PROCEDURES
.01 In General. If income accruing in an eligible plan would otherwise be subject to current United States income taxation, a beneficiary of the eligible plan may elect for the beneficiary's taxable year (the "current year") and all subsequent [*5] years to defer United States income tax on the beneficiary's share of income accrued in the plan until that income is distributed to the beneficiary. Beneficiaries shall make the election by attaching to their timely filed (including extensions) United States federal income tax return for the current year, a statement that includes the following information:
(i) A statement that the taxpayer is claiming the benefit of Article XVIII(7) of the Convention under this revenue procedure;
(ii) The name of the trustee of the plan and the plan account number, if any; and
(iii) The balance in the plan at the beginning of the current year.
.02 Reporting. Beneficiaries shall attach a copy of the statement required in paragraph 4.01 to their timely filed (including extensions) United States federal income tax return for each year subsequent to the current year, until the tax year in which a final distribution is made from the plan (or from any transferee plan within the meaning of paragraph 4.03).
.03 Rollovers. If an eligible plan for which an election has been made pursuant to paragraph 4.01 ("transferor plan") is rolled over to another eligible plan ("transferee plan") in a transfer [*6] that does not result in the current imposition of Canadian income tax (e.g., a transfer such as that described in Revenue Ruling 89-95), the previous election is deemed to carry over to the transferee plan.
.04 Transferee Plan Reporting. In the case of a transferee plan, in addition to a copy of the statement required for the transferor plan under paragraph 4.02, in the tax year of the transfer ("transfer year"), beneficiaries shall attach an additional statement that includes the following information:
(i) A statement that the taxpayer is claiming the benefit of Article XVIII(7) of the Convention under this revenue procedure;
(ii) The name of the trustee of the transferee plan and the plan account number, if any;
(iii) The name of the trustee of the transferor plan and the plan account number, if any;
(iv) The total amount of income accrued in the transferor plan on which United States income tax was deferred under either Article XVIII(7) or former Article XXIX(5); and
(v) The initial balance in the transferee plan.
Beneficiaries of a transferee plan shall attach a copy of the statement required in paragraph 4.02 (transferor plan) and [*7] a copy of the statement required in this paragraph 4.04 (transferee plan) to their timely filed (including extensions) United States federal income tax return for each year subsequent to the transfer year, until the tax year in which a final distribution is made from the transferee plan.
.05 Multiple Plans. An individual who is a beneficiary of more than one eligible plan must make a separate election and file a separate statement for each eligible plan.
.06 Extension Of Time For Making Elections. An extension of time for making an election under paragraph 4.01 may be available under the procedures applicable under sections 301.9100-1 and 301.9100-3 of the Procedure and Administration Regulations.
.07 Prospective Change of Election. An election once made cannot be revoked except with the consent of the Commissioner.
SEC. 5. DISTRIBUTIONS FROM AN ELIGIBLE PLAN
Distributions received by a beneficiary from an eligible plan shall be included in gross income by the beneficiary in the manner provided under section 72 of the Internal Revenue Code, subject to any other applicable provision of the Convention.
SEC. 6. EFFECT ON OTHER DOCUMENTS
This revenue procedure supersedes [*8] Revenue Procedure 89-45, 1989-2 C.B. 596.
SEC. 7. EFFECTIVE DATE
This revenue procedure is effective for taxable years ending on or after December 31, 2001. For taxable years ending before such date and beginning on or after January 1, 1996, taxpayers may elect to apply either this revenue procedure or Revenue Procedure 89-45.
SEC. 8. PAPERWORK REDUCTION ACT
The collection of information contained in this revenue procedure has been reviewed and approved by the Office of Management and Budget in accordance with the Paperwork Reduction Act (44 U.S.C. 3507) under control number 1545 -1773.
An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number.
The collection of information in this revenue procedure is in section 4. This information is required to enable taxpayers to claim a benefit under the Convention. This information will be used to compute and collect the right amount of tax. The likely respondents are individuals.
The estimated total [*9] annual reporting burden is 10,000 hours. The estimated annual burden per respondent varies from 0.1 hour to 1 hour, depending on individual circumstances, with an estimated average of 0.5. The estimated number of respondents is 20,000.
The estimated annual frequency of responses is once per respondent.
Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103.
DRAFTING INFORMATION
The principal authors of this revenue procedure are M. Grace Fleeman and Amanda A. Ehrlich of the Office of the Associate Chief Counsel (International). For further information regarding this revenue procedure, contact Amanda A. Ehrlich at (202) 622-3880 (not a toll-free call).
Send To: YATES, WILLARD
IRS CHIEF COUNSEL
1111 CONSTITUTION AVE NW RM 2116IR
WASHINGTON, DISTRICT OF COLUMBIA 20224-0002
=====
After perusing the foregoing, you should also look at form TD F-90.22. You will find the reference to this on the bottom of schedule B of your US 1040. Penalties for filing the TD F-90 forms to report your foreign accounts is up to $500,000 US PLUS 5 years in jail.
Find and read and then fill out Form TD F-90 here. By the way, I am always here to look after you RRSP reporting and the TD F-90 forms.
http://www.irs.gov/pub/irs-fill/f9022-1.pdf
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