canadian paying american taxes
QUESTION:
Hi i am a canadian citezen working in the new york area on a r-1 religious visa. I am making aprox. 27 thousand a year. After looking through my first pay stub i realized that i was paying approx. 38% of my income to taxes.( around 550 dollars a month) This includes federal income taxe, social security tax midicare tax and new york state income tax. Being that i will never be able to collect on the social seurity tax or the medicare tax ( my r-1 visa expires in three years and i must return to canada) i was wondering if there was some form of either reinbursment or exemption for these taxes?
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daviid ingram replies:
And if you are in downtown New York, you would be paying A New York City or City of Yonkers Income tax as well.
Interestingly, for a single person living in New York city in a rental unit, their combined city, state and federal taxes are higher than if they lived in Toronto. It is also higher in San Francisco than Vancouver, etc.
Unfortunately, unless you were transferred to New York, your employer must deduct FICA and medicare. If you were transferred for a period of less than five years, your employer may apply to the social Security Administration to exempt you. In that case, your employer would have to pay into the Canada Pension Plan for you.
However, if you were not ransferred, all is not lost. Provided you have paid into the US Social Security System for 6 quarters, you ARE entitled to a US social Security pension. A quarter is three months and essentially what this means is that after you have eaned $6,000 over a two year period you will have put in 6 quarters. It is possible to put in 4 quarters a year. If you work there for 3 years from Jan to Dec, you woul dhave 12 quarters. However, if you worked three years from Sept 2007 to Sept 2010, you will have earned enough to be credited with 16 quarters.
This older Q & A includes a copy of the Totalization Agreement with addresses to write to and will help as well.
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QUESTION: My wife is doing a post-doct on a J1 scholar in xxxxxxxx, and I recently moved from canada to the US 3 months ago under a J2 visa. I just got a job working at a hospital down here, and noticed that I'm getting charged for social security. Looking into it furthur I think I find that I have to pay it while I'm here. Can I get a refund when I move back to canada cause if I can't claim the service I don't understand why I would have to pay into it.
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david ingram replies:
If you only earn $4,000 in one year, you might not get a pension. If you earn $4,000 or more this year and over $2,000 next year, you 'will' get a retirement pension from the US in the future.
Read ON:
QUESTION:
Hi David,
I have been working in USA for last 10 years under TN visa and have been paying FICA etc in US but have not filed return to Canada until 2006.
Can I benefit from all the FICA payments later or should I find a way / if there is any way to transfer it to Canadian retirement?
Thanks
__________________________________________________________________________
david ingram replies:
Answered many times - just last week in fact, and reproduced here with a slight improvement suggested by Andrew Nelson
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QUESTION: My apologies if this questions have asked many times before.I coudnt not find right and easy answer for this.
I am a Canadian citizen working in USA under TN visa for last 2 yrs. I wonder what will happen for social security tax i pay in USA.Does it goes to Canadian social security.Is it possible to get refund ?
Thanks in advance.
__________________________________________________________
david ingram replies;
The US Canada Social security Totalization Agreement means that you will be able to collect Social Security from the US when you retire whether you have 1 year ( technically 6 quarters which can be earned from July to June which is one year but if you started working on Jan 1, you would need to work 1 year and another $2,000 or so to qualify. Fir 2007, you need $1,000 of earnings to qualify for one qhuarter.)
The actual agreement in all its glory CAN BE FOUND AT:
http://www.socialsecurity.gov/international/Agreement_Pamphlets/canada.html
AND IS REPRODUCED HERE:
Hi i am a canadian citezen working in the new york area on a r-1 religious visa. I am making aprox. 27 thousand a year. After looking through my first pay stub i realized that i was paying approx. 38% of my income to taxes.( around 550 dollars a month) This includes federal income taxe, social security tax midicare tax and new york state income tax. Being that i will never be able to collect on the social seurity tax or the medicare tax ( my r-1 visa expires in three years and i must return to canada) i was wondering if there was some form of either reinbursment or exemption for these taxes?
-----------------------------------------------------------------------------------------------------
daviid ingram replies:
And if you are in downtown New York, you would be paying A New York City or City of Yonkers Income tax as well.
Interestingly, for a single person living in New York city in a rental unit, their combined city, state and federal taxes are higher than if they lived in Toronto. It is also higher in San Francisco than Vancouver, etc.
Unfortunately, unless you were transferred to New York, your employer must deduct FICA and medicare. If you were transferred for a period of less than five years, your employer may apply to the social Security Administration to exempt you. In that case, your employer would have to pay into the Canada Pension Plan for you.
However, if you were not ransferred, all is not lost. Provided you have paid into the US Social Security System for 6 quarters, you ARE entitled to a US social Security pension. A quarter is three months and essentially what this means is that after you have eaned $6,000 over a two year period you will have put in 6 quarters. It is possible to put in 4 quarters a year. If you work there for 3 years from Jan to Dec, you woul dhave 12 quarters. However, if you worked three years from Sept 2007 to Sept 2010, you will have earned enough to be credited with 16 quarters.
This older Q & A includes a copy of the Totalization Agreement with addresses to write to and will help as well.
--------------------------
QUESTION: My wife is doing a post-doct on a J1 scholar in xxxxxxxx, and I recently moved from canada to the US 3 months ago under a J2 visa. I just got a job working at a hospital down here, and noticed that I'm getting charged for social security. Looking into it furthur I think I find that I have to pay it while I'm here. Can I get a refund when I move back to canada cause if I can't claim the service I don't understand why I would have to pay into it.
_____________________________________________________
david ingram replies:
If you only earn $4,000 in one year, you might not get a pension. If you earn $4,000 or more this year and over $2,000 next year, you 'will' get a retirement pension from the US in the future.
Read ON:
QUESTION:
Hi David,
I have been working in USA for last 10 years under TN visa and have been paying FICA etc in US but have not filed return to Canada until 2006.
Can I benefit from all the FICA payments later or should I find a way / if there is any way to transfer it to Canadian retirement?
Thanks
__________________________________________________________________________
david ingram replies:
Answered many times - just last week in fact, and reproduced here with a slight improvement suggested by Andrew Nelson
-----------------------
QUESTION: My apologies if this questions have asked many times before.I coudnt not find right and easy answer for this.
I am a Canadian citizen working in USA under TN visa for last 2 yrs. I wonder what will happen for social security tax i pay in USA.Does it goes to Canadian social security.Is it possible to get refund ?
Thanks in advance.
__________________________________________________________
david ingram replies;
The US Canada Social security Totalization Agreement means that you will be able to collect Social Security from the US when you retire whether you have 1 year ( technically 6 quarters which can be earned from July to June which is one year but if you started working on Jan 1, you would need to work 1 year and another $2,000 or so to qualify. Fir 2007, you need $1,000 of earnings to qualify for one qhuarter.)
The actual agreement in all its glory CAN BE FOUND AT:
http://www.socialsecurity.gov/international/Agreement_Pamphlets/canada.html
AND IS REPRODUCED HERE:
International Programs Home |
Totalization Agreement with Canada |
(Based on SSA Publication #05-10198, ICN 480199) |
OMB Approval Number: 0960-0554
Expires 11/30/07
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Table of contents |
Part I -- Introduction
Part II -- Coverage and Social Security taxes
Part III -- Certificate of coverage
Part IV -- Monthly benefits
Part V -- A CPP/QPP pension may affect your U.S. benefit
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Part I -- Introduction |
An agreement effective August 1, 1984, between the United States and Canada improves Social Security protection for people who work or have worked in both countries. It also helps protect the benefit rights of people who have earned Canadian Social Security credits based on residence and/or contributions in Canada. Because the Canadian Social Security system includes a special pension plan operated in the Province of Quebec, an additional understanding has been concluded with Quebec to extend the agreement to that province—also effective August 1, 1984. Terms of the U.S.-Canadian agreement and U.S.-Quebec understanding are very similar, and except where otherwise noted, references in this document to the U.S.-Canadian agreement also apply to the U.S.-Quebec understanding. The agreement with Canada helps many people who, without the agreement, would not be eligible for monthly retirement, disability or survivors benefits under the Social Security systems of one or both countries. It also helps people who would otherwise have to pay Social Security taxes to both countries on the same earnings. For the United States, the agreement covers Social Security taxes (including the U.S. Medicare portion) and Social Security retirement, disability and survivors insurance benefits. It does not cover benefits under the U.S. Medicare program or the Supplemental Security Income program. For Canada, the agreement applies to the Old-Age Security program and the Canada Pension Plan. The understanding with Quebec applies to the Quebec Pension Plan. This document covers highlights of the agreement and explains how it may help you while you work and when you apply for benefits. |
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The agreement may help you, your family and your employer |
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Part II -- Coverage and Social Security taxes |
Before the agreement, employees, employers and self-employed persons could, under certain circumstances, be required to pay Social Security taxes to both the United States and Canada for the same work. Under the agreement, if you work as an employee in the United States, you normally will be covered by the United States, and you and your employer will pay Social Security taxes only to the United States. If you work as an employee in Canada, you normally will be covered by Canada, and you and your employer will pay Social Security taxes (contributions) only to Canada. On the other hand, if your employer sends you from one country to work for that employer or an affiliate in the other country for five years or less, you will continue to be covered by your home country and you will be exempt from coverage in the other country. For example, if a U.S. company sends an employee to work for that employer or an affiliate in Canada for no more than five years, the employer and the employee will continue to pay only U.S. Social Security taxes and will not have to pay in Canada. Even if your occupation (such as truck driver or professional athlete) requires you to make frequent short trips from one country to the other over a period of more than five years, each trip can be considered separately so that you remain covered only by the country from which you are sent. If you are self-employed and residing in the United States or Canada, you generally will be covered and taxed only by the country where you reside. |
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Summary of agreement rules |
The following table shows whether your work is covered under the U.S. or Canadian Social Security system. If you are covered under U.S. Social Security, you and your employer (if you are an employee) must pay U.S. Social Security taxes. If you are covered under the Canadian system, you and your employer (if you are an employee) must pay Canadian Social Security taxes (contributions). Part III explains how to get a form from the country where you are covered that will prove you are exempt in the other country. |
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NOTE: As the table indicates, a U.S. worker employed in Canada can be covered by U.S. Social Security only if he or she works for a U.S. employer. A U.S. employer includes a corporation organized under the laws of the United States or any state, a partnership if at least two-thirds of the partners are U.S. residents, a person who is a resident of the U.S. or a trust if all the trustees are U.S. residents. The term also includes a foreign affiliate of a U.S. employer if the U.S. employer has entered into an agreement with the Internal Revenue Service (IRS) under section 3121(l) of the Internal Revenue Code to pay Social Security taxes for U.S. citizens and residents employed by the affiliate. |
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Part III -- Certificate of coverage |
A certificate of coverage issued by one country serves as proof of exemption from Social Security taxes on the same earnings in the other country. Generally, you will need a certificate only if you will be working in the other country for more than 183 days in a calendar year. If you will be in the other country for 183 days or less, a certificate will not be needed unless the other country requests that you obtain one. |
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III.A. Certificates for employees |
To establish an exemption from compulsory coverage and taxes under the Canadian system, your employer must request a certificate of coverage (form USA/CAN 101 or USA/ QUE 101) from the U.S. at this address:Social Security Administration The request may be sent by FAX, if preferred, to (410) 966-1861. Please note this FAX number is only for requesting certificates of coverage. No special form is required to request a certificate but the request must be in writing and provide the following information:
Your employer can also request a certificate of U.S. coverage for you over the Internet using a special online request form available at www.socialsecurity.gov/coc. Only an employer can use the online form to request a certificate of coverage. A self-employed person must submit a request by mail or fax. To establish your exemption from coverage under the U.S. Social Security system, your employer in Canada must request a certificate of coverage from Canada as follows:
The same information required for a certificate of coverage from the United States is needed to get a certificate of coverage from Canada or Quebec except that you must show your Canadian social insurance number rather than your U.S. Social Security number. |
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III.B. Certificates for self-employed people |
If you are self-employed and would normally have to pay Social Security taxes to both the U.S. and Canadian systems, you can establish your exemption from one of the taxes.
Be sure to provide the following information in your letter:
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III.C. Effective date of coverage exemption |
The certificate of coverage you receive from one country will show the effective date of your exemption from paying Social Security taxes in the other country. Generally, this will be the date you began working in the other country. Certificates of coverage issued by either the Department of National Revenue in Ottawa or the Bureau des ententes de sécurité sociale in Montreal should be retained by the employer in the United States in case of an audit by the IRS. No copy should be sent to IRS unless specifically requested by IRS. However, a self-employed person must attach a photocopy of the certificate to his or her income tax return each year as proof of the U.S. exemption. Copies of certificates of coverage issued by the United States will be provided for both the employee and employer. It will be their responsibility to present the certificate to the Canadian or Quebec authorities when requested to do so. To avoid any difficulties, your employer (or you, if you are self-employed) should request a certificate as early as possible, preferably before your work in the other country begins. If you or your employer request a certificate of coverage, you should read the Privacy Act and Paperwork Reduction Act Statements below. |
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Part IV -- Monthly benefits |
The following table shows the various types of Social Security benefits payable under the U.S. and Canadian Social Security systems and briefly describes the eligibility requirements for each type of benefit. If you do not meet the requirements for these benefits, the agreement may help you to qualify (see Part IV.A below). We should point out that Canada provides old-age, survivors and disability benefits through two different programs. The Old-Age Security (OAS) program pays a flat-rate benefit to people age 65 or older based on periods of residence in Canada. The Canada Pension Plan (CPP) and the Quebec Pension Plan (QPP) pay retirement, survivors and disability pensions based on a worker’s earnings and total years of coverage beginning January 1, 1966 (when CPP and QPP started). This table is only a general guide. You can get more specific information about U.S. benefits here on our web site, at any U.S. Social Security office or by calling our toll-free number at 1-800-772-1213. More detailed information about the Canadian system may be obtained by writing to the appropriate Canadian address in Part VIII or by visiting the Department of Human Resources Canada or the Régie des rentes de Québec. Under U.S. Social Security, you may earn up to four credits each year depending on the amount of your covered earnings. For example, in 2005, you get one credit for each $920 of your covered annual earnings up to a maximum of four credits for the year. Under the Canadian system, credits are measured in years. To simplify the information in the table, U.S. requirements are shown in years of credits. |
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Monthly benefits and eligibility requirements |
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IV.A. How benefits can be paid |
If you have Social Security credits in both the United States and Canada, you may be eligible for benefits from one or both countries. If you meet all the basic requirements under one country’s system, you will get a regular benefit from that country. If you do not meet the basic requirements, the agreement may help you qualify for a benefit as explained below. |
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IV.A.1. Benefits from the U.S |
If you do not have enough work credits under the U.S. system to qualify for regular benefits, you may be able to qualify for a partial benefit from the United States based on both U.S. and Canadian (CPP/ QPP) credits. However, to be eligible to have your Canadian credits counted, you must have earned at least six credits (generally one and one-half years of work) under the U.S. system. If you already have enough credits under the U.S. system to qualify for a benefit, the United States cannot count your Canadian credits. |
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IV.A.2. Benefits from Canada |
Canada provides retirement, survivors and disability benefits through two separate programs.
Under the agreement, U.S. Social Security credits completed after 1965 may be considered along with CPP or QPP work credits, if necessary, to meet the minimum requirements for CPP or QPP disability or survivors benefits. However, to be eligible to have your U.S. credits counted, you must have earned at least one year of credit under the CPP or QPP. It is not necessary to consider U.S. Social Security credits in determining eligibility for CPP or QPP retirement benefits since anyone who has made at least one contribution to either plan can qualify for a retirement benefit at 65 or a reduced retirement benefit as early as 60. |
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IV.B. How credits get counted |
You do not have to do anything to have your credits in one country counted by the other country. If we need to count your credits under the Canadian system to help you qualify for a U.S. benefit, we will get a copy of your Canadian record directly from Canada when you apply for benefits. If Canadian officials need to count your U.S. credits to help you qualify for a Canadian benefit, they will get a copy of your U.S. record directly from the Social Security Administration when you apply for the Canadian benefit. Although each country may count your credits in the other country, your credits are not actually transferred from one country to the other. They remain on your record in the country where you earned them and can also be used to qualify for benefits there. |
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IV.C. Computation of U.S. benefit Under the agreement |
When a U.S. benefit becomes payable as a result of counting both U.S. and Canadian Social Security credits, an initial benefit is determined based on your U.S. earnings as if your entire career had been completed under the U.S. system. This initial benefit is then reduced to reflect the fact that Canadian credits helped to make the benefit payable. The amount of the reduction will depend on the number of U.S. credits: the more U.S. credits, the smaller the reduction; and the fewer U.S. credits, the larger the reduction. |
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Part V -- A CPP/QPP pension may affect your U.S. benefit |
If you qualify for Social Security benefits from the United States based only on U.S. credits and a CPP/QPP benefit from Canada, the amount of your U.S. benefit will be reduced. This is a result of a provision in U.S. law which can affect the way your benefit is figured if you also receive a pension based on work that was not covered by U.S. Social Security. Receipt of a Canadian Old-Age Security pension, which is based on residence in Canada, will not affect the way your benefit is figured. For more information, call our toll-free number, 1-800-772-1213, and ask for the publication, Windfall Elimination Provision (Publication No. 05-10045). If you are outside the United States, you may write to us at the address in Part VIII. |
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Part VI -- What you need to know about Medicare |
Medicare is the U.S. national health insurance system for people age 65 or older or who are disabled. Medicare has two parts: hospital insurance (also called "Part A" Medicare) and medical insurance (called "Part B" Medicare). You are eligible for free hospital insurance at age 65 if you have worked long enough under U.S. Social Security to qualify for a retirement benefit. People born in 1929 or later need 40 credits (about 10 years of covered work) to qualify for retirement benefits. Although the agreement between the United States and Canada and the understanding between the United States and Quebec allows the Social Security Administration to count your CPP or QPP credits to help you qualify for U.S. retirement, disability or survivor benefits, the agreement does not cover Medicare benefits. As a result, we cannot count your credits in Canada or Quebec to establish entitlement to free Medicare hospital insurance. For more information about Medicare, call our toll-free number, 1-800-772-1213, and ask for the publication, Medicare (Publication No. 05-10043) or visit Medicare’s website at www.medicare.gov. |
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Part VII --Claims for benefits |
If you live in the United States and wish to apply for U.S. or Canadian benefits:
You can apply for Canadian benefits (OAS, CPP or QPP) at any U.S. Social Security office by completing application form CDN-USA 1 (for OAS and CPP benefits) or QUE/USA-1 (for QPP benefits). If you live in Canada and wish to apply for U.S. benefits:
You can apply with one country and ask to have your application considered as a claim for benefits from the other country. In that case, your application will be sent to the other country. Each country will process the claim under its own laws––counting credits from the other country when appropriate––and notify you of its decision. If you have not applied for benefits before, you may need to provide certain information and documents when you apply. These include the worker’s U.S. and Canadian Social Security numbers, proof of age for all claimants, evidence of the worker’s U.S. earnings in the past 24 months and information about the worker’s coverage under the Canadian system. You may wish to call the Social Security office before you go there to see if any other information is needed. |
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VII.A. Payment of benefits |
Each country pays its own benefits. U.S. payments are made by the U.S. Department of Treasury each month and cover benefits for the preceding month. Benefits under Canada’s OAS and CPP systems and Quebec’s QPP system are paid near the end of each month and represent payment for that month. |
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VII.B Absence from U.S. territory |
Normally, people who are not U.S. citizens may receive U.S. Social Security benefits while outside the U.S. only if they meet certain requirements. Under the agreement, however, you may receive benefits as long as you reside in Canada, regardless of your nationality. If you are not a U.S. or Canadian citizen and live in another country, you may not be able to receive benefits. The restrictions on U.S. benefits are explained in the publication, "Your Payments While You Are Outside The United States" (Publication #05-10137). |
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VII.C Appeals |
If you disagree with the decision made on your claim for benefits under the agreement, contact any U.S. or Canadian Social Security office. The people there can tell you what you need to do to appeal the decision. The appropriate Canadian Social Security authorities (i.e., OAS, CPP or QPP) will review your appeal if it affects your rights under the Canadian system, while U.S. Social Security authorities will review your appeal if it affects your rights under the U.S. system Story Options |
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