Taxation of Canadian maternity benefits for US resident working for the Canadian Government - form 8833
question: Hello,
I had a question about Canadian paid maternity benefits. I am a Canadian Government worker who lives in the US and commutes daily. Right now my income is not taxable in the US under section XIX of the tax treaty. My question is, would the maternity benefits that I would receive from Service Canada and the top up that my employer contributes be taxable in the US?
Also I had a question about IRAs. I have read about IRAs becoming taxable once someone moves back to the Canada, but I am assuming it would immediately taxable in my case as I continue to pay taxes to Canada because of my employment?
Thank you
david ingram replies
You are absolutely entitled to your maternity benefits.
However, in my opinion, the maternity benefits are are taxable in the US.
But, in my opinion, the top up benefits are not.
Also, any bank account interest, any dividends, or any rents you receive from either country are taxable on your US tax return.
In the meantime, it is very important that you file a US return and report your Canadian government earnings on the US 1040 and claim the exemption under article 19 of the US Canada Income Tax Convention. You should likely be filing form 8833 to explain the treaty exemption in real black and white.
Form 8833 can be found at http://www.irs.gov/pub/irs-pdf/f8833.pdf
I am assuming that you are married to an American and have a US resident alien (green) card. Your husband and yourself should be filing a joint US return.
Even though exempt, you must file a US return, report the income and claim the exemption.
This is the kind of thing we do for diplomats and government employees for several countries but mostly for US government employees based or living in Canada.
IRA's are taxable in Canada when you cash them in - the internal earnings are not. However, when you cash in the IRA, the US will tax it first and Canada will tax it second. The tax you pay to the US will be a tax credit (usually dollar for dollar) on Canadian forms T2209 and T2036 (there is a different form for Quebec's foreign tax credit) However, if you cash the US IRA in before age 59 1/2, there is a US 10% penalty.
EI rules follow:
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My_question_is: Canadian-specific
question: Dear David,please tell me/us whether Canadians who temporarily work in the USA paying all taxes properly are eligible to receive Canadian EI in case their work in the USA got terminated?
thank you,
Vladimir
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david ingram replies:The answer is yes but the method varies from state to state. You must start your claim with Service Canada however.
You can find out the whole thing at http://www.servicecanada.gc.ca/eng/ei/information/outside_canada.shtml#How
I have reproduced it here - good luck
plo
Employment Insurance (EI) and Workers and/or Residents outside Canada
Employment Insurance (EI) online services
Do you have a question about the EI program? The frequently asked questions might help!
What you should know...
Who can apply
How to file a claim for American Unemployment Insurance benefits
How to file a claim for Canadian EI benefits for people residing outside Canada
Residents of the United States
Maternity, parental, sickness and compassionate care benefits
Canadian government and Armed Forces personnel posted in the United States
Your permanent residence is in a country other than Canada and the United States
You are a commuter
What you should know...
Certain persons working outside Canada may be entitled to benefits under Canada’s EI program. If you are working outside Canada for a Canadian company or the Canadian government, you are usually covered by EI. You will, however, not be insured by Canada’s EI program if your job is covered by the country in which you are working.
If you are not sure whether your job is insured under Canada’s EI program, ask your employer. Ruling on employment insurability is the responsibility of Canada Revenue Agency (CRA) , therefore, please call the toll-free number 1 800 959-5525 for enquiries regarding the insurability of your employment.
Who can apply
Canada EI benefits may be paid to you when you reside outside Canada in the following situations:
- your last employment was in Canada, but you now reside in United States;
- your permanent residence is in a country other than Canada and the United States and you are applying for maternity, parental or compassionate care benefits;
- you are a commuter – a resident of Canada or the United States (U.S.) who regularly crosses the Canada/U.S. border between their residence and workplace.
American Unemployment Insurance benefits may be paid to you if your last employment was in the United States and you now reside in Canada. If you also had previous employment in Canada, you may be able to file a claim for Canadian EI benefits instead. You may be able to receive benefits from either Canada or the United States but not both at the same time.
How to file a claim for American Unemployment Insurance benefits
To file a claim for American Unemployment Insurance benefits, you must contact the Telephone Information Service or go to your Service Canada Centre, you will be asked to give your name, address, phone number, Social Insurance Number (SIN) and Social Security Number (SSN) along with the name of the State from which you want to claim benefits. Depending on the State in which you last worked you may be able to file a claim directly with the State via the Internet or by phone. If the State does not accept claims via the Internet or by phone, information will be forwarded to a designated office responsible for handling such claims based on where you reside in Canada. You may also contact the designated Service Canada Centre directly.
You must provide proof that your employment in the United States was authorized as per American immigration regulations and that you are available for and actively seeking work in Canada. If you are not a Canadian resident you will be asked for proof that you are authorized to work in Canada.
A person who has worked for the American Armed Forces in the United States and wants to move or return to Canada, must file a claim for benefits at the nearest "State Workforce Development Agency" in the United States. Service Canada Centres in Canada cannot accept these claims for benefits.
All residents from: New Brunswick, Nova Scotia, Newfoundland and Prince Edward Island
Service Canada Centre
Sub-Unit of interstate claim processing
120 Harbourview Blvd.
P.O. Box 4000
Bathurst, N.B.
E2A 1R6
Phone: 506 548-7405 — Fax: 506 548-7186
Quebec Region
All Quebec residents
Service Canada Centre
Sub-Unit of interstate claim processing
2327 Bl du Versant Nord
Sainte-Foy, QC
G1N 4C2
Phone: 1 877 228-9769 — Fax: 418 681-4810
Ontario Region
Service Canada Centre
Sub-Unit of interstate claim processing
1 North Front St.
P.O. Box 4800
Belleville, Ontario
Phone: 1 877 486-1650 - Fax: 613 969-4017
Alberta Region
All residents from: Manitoba, Alberta, Nunavut, Saskatchewan and Northwest Territories
Service Canada Centre
Sub-Unit of interstate claim processing
6712 Fisher St SE
Calgary, AB
T2H 2A7
Phone: 1 866 483-6466 - Fax 403 509-1690
British Columbia Region
All residents from: British Columbia and Yukon
Service Canada Centre
Sub-Unit of interstate claim processing
6712 Fisher St SE
Calgary, AB
T2H 2A7
Phone: 1 866 483-6466 - Fax 403 509-1690
How to file a claim for Canadian EI benefits for people residing outside Canada
You may file your claim for Canadian EI benefits online.
If you are residing in the United States and claiming regular benefits you must be available and actively seeking work and, most importantly, you must provide proof that you are legally authorized to work in the United States. You will also need to submit your Record of Employment from your Canadian employer.
If your employers issue ROEs in paper format, you will need to submit your ROEs from all your Canadian employers who issued ROEs in paper format in the last 52 weeks. However, if your employer submits your ROE to Service Canada electronically, you do not need to submit a copy of your ROE to Service Canada, since we will have received it from your employer. On the same day your employer submits it, you will be able to view and print copies of your ROE online using My Service Canada Account
If you are residing outside Canada in a country other than the United States, you may be eligible for maternity, parental or compassionate care benefits only. Regular benefits are not payable to a person residing in a country other than Canada or the United States.
All claims received from people residing outside of Canada are processed by the office in Belleville, Ontario. For more information, please call the toll-free number 1 877 486-1650.
Residents of the United States
Regular benefits:
If you are living in the United States, Regular benefits can be paid to you up to a maximum of 36 weeks. The number of weeks payable is based on the number of insurable hours that you have accumulated in Canada during the last 52 weeks or since your last claim.
To be eligible for regular benefits you must show that you:
- have worked in a job that is insured under Canada’s EI Program; and
- in the last 52 weeks or since your last claim, you have worked between 420 and 700 hours.
- In some instances, a minimum of 910 hours may be required to qualify. For example:
- if you are in the work force for the first time;
- if you are re-entering the work force after an absence of two years. However, if you have received at least one week of maternity or parental benefits in the 208 weeks preceding the 52-week period prior to the qualifying period, you will require between 420 and 700 hours to qualify for regular benefits. For more information, please call the toll-free number 1 800 206-7218 ; - You must also provide proof that you are legally authorized to work in the United States.
The number of hours required is based on the regional rate of unemployment in the economic region where you last worked in Canada.
Particular situations : Effective December 11, 2005, if you are living in one of the 23 participating economic regions, you could qualify for regular benefits with a minimum of 840 hours instead of 910 hours. To know more...
Maternity, parental, sickness and compassionate care benefits
Maternity, parental, sickness and compassionate care benefits can be paid to you if you are living in the United States as long as you meet the requirements for these benefits.
To be eligible for maternity, parental, sickness or compassionate care benefits you must show that you:
- have worked in a job that is insured under Canada’s EI Program; and
- have worked for 600 hours in the last 52 weeks or since your last claim.
You may file your claim for Canadian EI maternity, parental, sickness and compassionate care benefits online. For more information, please call the toll-free number : 1 800 206-7218 .
Canadian government and Armed Forces personnel posted in the United States
You may be entitled to regular, maternity, parental, sickness and compassionate care benefits if you or your dependants are posted in the United States and working for the Canadian government or for the Armed Forces. Dependants include your spouse, unmarried children under 21, unmarried full-time students under 25, and unmarried disabled children.
You may file your claim for Canadian EI benefits online. For more information, please call the toll-free number : 1 800 206-7218 .
Your permanent residence is in a country other than Canada and the United States
If you are permanently residing in a country other than Canada or the United States, you may be eligible for maternity, parental & sickness and compassionate care benefits if you have worked in a job in your country of residence that is insurable under Canada's EI program.
For example, you may be a spouse of a member of the Canadian Armed Forces and working abroad for the Canadian government. If you become ill and are unable to work, you can apply for sickness benefits if you meet the requirements.
You may file a claim for Canadian EI maternity, parental, sickness or compassionate care benefits online. For more information, please call the toll-free number 1 800 206-7218 or write to the following address:
Service Canada Centre
Sub-Unit of interstate claim processing
1 North Front St.
P.O. Box 4800
Belleville, Ontario
K8N 5E2
If you normally reside outside Canada or the United States and your last employment was in Canada, you are eligible for maternity, parental or compassionate care benefits only.
You are a commuter
Commuters are Canadian or American persons who regularly cross the Canada/United States border between their residence and workplace.
If you are an American living near the Canadian border and you usually commute to Canada to work, you must file a claim for Canadian EI benefits at the nearest Service Canada Centre. Your claim will be treated like that of any resident of Canada, therefore, you may be entitled to receive regular benefits or maternity, parental & sickness or compassionate care benefits.
As well, if you are a Canadian living near the American border and you usually commute to the United States to work, you must file a claim for American Unemployment Insurance benefits at the nearest "State Workforce Development Agency".
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Canadian-USA-Global tax help - david ingram expert US CANADA cross border non-resident income tax help and preparation by five tax experts with years of experience with Divorce, Real Estate and Mutual Fund investment matters for Canada, Panama, America and other cross border real estate and investment decisions such as for mutual funds, ETF's, etc.
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