tax on inheritance from received by US citizen living in -
Hi David,
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david ingram replies:
There is no Canadian tax on the inheritance because the tax is paid first by the estate.
However, if interest or dividends or rents or capital gains are earned by the estate before it is dispersed to you, you will owe tax on those amounts to both countries.
There is no US tax on the inheritance either. BUT and it is a big BUT, if you receive over $200,000 you must file US form 3520.
The answer would be the same if you were living in the US but this other reply will add to it.
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QUESTION:
My wife and I are both Canadian in the last step of taking on
us citizenship. We but have fathers left in Canada that are
older and would inherit real estate and money. What are the
tax implications cross border. Is our citizenship going to
change the tax implications. Is there anything we can do to
minimize taxes?
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david ingram replies:
Your fathers final returns will determine the Canadian capital gains tax or tax on RRIF accounts, etc. There would not be any tax on pure cash deposits. If there was an estate with multiple heirs, then the estate would likely pay tax on any internal earnings until dispersed although the executors could elect to disperse internal earnings to the heirs until settlement. If the executor did decide to disperse internal earnings by way of a T3 Canadian estate return, the executor would have to withhold 10% tax on any interest, 15% tax on any dividends and 25% tax on any rentals and sale of real estate.
After the final settlement, any capital dispersed to you would be tax free in Canada and the US.
Your new citizenship will not change the eventual taxation. Your residence outside of Canada generates the withholding tax rules above.
You would report the income from the inheritance on forms D, B and E depending on the type and claim credit for the taxes paid to Canada on US form 1116.
However, you do need to file forms 3520 if the amount received is over $200,000 and have to fill in forms TDF 90-22.1 if you had a Canadian (or any other country's) financial account or accounts with more than $10,000 (cumulatively) for even a couple of hours.
Thanks for doing my Canada and US tax
returns this year -- it was a great relief for me to have it taken care
of by someone who clearly cares about knowing and understanding all the
details about tax law and procedures.
Anyway, I have a situation that I hope
you will provide some answers on. As a reminder, my wife and I are both
dual US-Canadian citizens, and we have been living in the Vancouver
area since last year. It appears that I should receive a substantial
inheritance of about $100,000 (Canadian source) sometime in the coming
months. So, will this be part of my worldly income and be subject to
taxation by the IRS (USA)? Is it taxable in Canada? Is there any
special taxation rule for inheritance income? If I am going to be taxed
on it, is there anything I can do in advance or after I get the funds
to reduce the tax owed?
Thanks very much.
david ingram replies:
There is no Canadian tax on the inheritance because the tax is paid first by the estate.
However, if interest or dividends or rents or capital gains are earned by the estate before it is dispersed to you, you will owe tax on those amounts to both countries.
There is no US tax on the inheritance either. BUT and it is a big BUT, if you receive over $200,000 you must file US form 3520.
The answer would be the same if you were living in the US but this other reply will add to it.
---------------------------------------
QUESTION:
My wife and I are both Canadian in the last step of taking on
us citizenship. We but have fathers left in Canada that are
older and would inherit real estate and money. What are the
tax implications cross border. Is our citizenship going to
change the tax implications. Is there anything we can do to
minimize taxes?
-------------------------------------------------------------------------------
david ingram replies:
Your fathers final returns will determine the Canadian capital gains tax or tax on RRIF accounts, etc. There would not be any tax on pure cash deposits. If there was an estate with multiple heirs, then the estate would likely pay tax on any internal earnings until dispersed although the executors could elect to disperse internal earnings to the heirs until settlement. If the executor did decide to disperse internal earnings by way of a T3 Canadian estate return, the executor would have to withhold 10% tax on any interest, 15% tax on any dividends and 25% tax on any rentals and sale of real estate.
After the final settlement, any capital dispersed to you would be tax free in Canada and the US.
Your new citizenship will not change the eventual taxation. Your residence outside of Canada generates the withholding tax rules above.
You would report the income from the inheritance on forms D, B and E depending on the type and claim credit for the taxes paid to Canada on US form 1116.
However, you do need to file forms 3520 if the amount received is over $200,000 and have to fill in forms TDF 90-22.1 if you had a Canadian (or any other country's) financial account or accounts with more than $10,000 (cumulatively) for even a couple of hours.
SUGGESTED PRICE GUIDELINES - May 17, 2008
david ingram's US / Canada Services
US / Canada / Mexico tax, Immigration and working Visa Specialists
US / Canada Real Estate Specialists
My Home office is at:
Calls welcomed from 10 AM to 9 PM 7 days a week Vancouver (LA) time - (please do not fax or phone outside of those hours as this is a home office) expert US Canada Canadian American Mexican Income Tax service help.
$1,700 would be for two people with income from two countries
Catch - up returns for the US where we use the Canadian return as a guide for seven years at a time will be from $150 to $600.00 per year depending upon numbers of bank accounts, RRSP's, existence of rental houses, self employment, etc. Note that these returns tend to be informational rather than taxable. In fact, if there are children involved, we usually get refunds of $1,000 per child per year for 3 years. We have done several catch-ups where the client has received as much as $6,000 back for an $1,800 bill and one recently with 6 children is resulting in over $12,000 refund.
Email and Faxed information is convenient for the sender but very time consuming and hard to keep track of when they come in multiple files. As of May 1, 2008, we will charge or be charging a surcharge for information that comes in more than two files. It can take us a valuable hour or more to try and put together the file when someone sends 10 emails or 15 attachments, etc. We had one return with over 50 faxes and emails for instance.
david ingram's US / Canada Services
US / Canada / Mexico tax, Immigration and working Visa Specialists
US / Canada Real Estate Specialists
My Home office is at:
4466 Prospect Road
North Vancouver, BC, CANADA, V7N 3L7
Cell (604) 657-8451 -
(604) 980-0321 Fax (604) 980-0325
North Vancouver, BC, CANADA, V7N 3L7
Cell (604) 657-8451 -
(604) 980-0321 Fax (604) 980-0325
Calls welcomed from 10 AM to 9 PM 7 days a week Vancouver (LA) time - (please do not fax or phone outside of those hours as this is a home office) expert US Canada Canadian American Mexican Income Tax service help.
pert US Canada
Canadian American
Mexican Income Tax service and help.
David Ingram
gives expert income tax service & immigration help to non-resident
Americans & Canadians from New York to California to Mexico
family, estate, income trust trusts Cross border, dual citizen - out of
country investments are all handled with competence & authority.
Phone consultations
are $450 for 15 minutes to 50 minutes (professional hour). Please note
that GST is added if product remains in Canada or is to be returned to
Canada or a phone consultation is in Canada. ($472.50 with GST for in
person or if you are on the telephone in
Canada) expert US Canada Canadian American
Mexican
Income Tax service and help.
This is not intended to be definitive
but in general I am quoting $900 to $3,000 for a dual country tax
return.
$900 would be one T4 slip one W2 slip
one or two interest slips and you lived in one country only (but were
filing both countries) - no self employment or rentals or capital gains
- you did not move into or out of the country in this year.
$1,200 would be the same with one
rental
$1,300 would be the same with one
business no rental
$1,300 would be the minimum with a
move in or out of the country. These are complicated because of the
back and forth foreign tax credits. - The IRS says a foreign tax credit
takes 1 hour and 53 minutes.
$1,600 would be the minimum with a
rental or two in the country you do not live in or a rental and a
business and foreign tax credits no move in or out
$1,700 would be for two people with income from two countries
$3,000 would be all of the above and
you moved in and out of the country.
This is just a guideline for US /
Canadian returns
We will still
prepare Canadian only
(lives in Canada, no US connection period) with two or three slips and
no capital gains, etc. for $200.00 up. However, if
you have a stack of
1099, or T3 or T4A or T5 or K1 reporting forms, expect to pay an
average of $10.00 each with up to $50.00 for a K1 or T5013 or T5008 or
T101 --- Income trusts with amounts in box 42 are an even larger
problem and will be more expensive. - i.e.
20 information slips will be
at least $350.00
With a Rental for $400, two or three
rentals for $550 to $700 (i.e. $150 per rental) First year Rental -
plus $250.
A Business for $400 - Rental and
business likely $550 to $700
And an American only (lives in the US
with no Canadian income or filing period) with about the same things in
the same range with a little bit more if there is a state return.
Moving in or out of the country or
part year earnings in the US will ALWAYS be $900 and up.
TDF 90-22.1 forms are $50 for the
first and $25.00 each after that when part of a tax return.
8891 forms are generally $50.00 to
$100.00 each.
18 RRSPs would be $900.00 - (maybe
amalgamate a couple)
Capital gains *sales) are likely
$50.00 for the first and $20.00 each after that.
Catch - up returns for the US where we use the Canadian return as a guide for seven years at a time will be from $150 to $600.00 per year depending upon numbers of bank accounts, RRSP's, existence of rental houses, self employment, etc. Note that these returns tend to be informational rather than taxable. In fact, if there are children involved, we usually get refunds of $1,000 per child per year for 3 years. We have done several catch-ups where the client has received as much as $6,000 back for an $1,800 bill and one recently with 6 children is resulting in over $12,000 refund.
Email and Faxed information is convenient for the sender but very time consuming and hard to keep track of when they come in multiple files. As of May 1, 2008, we will charge or be charging a surcharge for information that comes in more than two files. It can take us a valuable hour or more to try and put together the file when someone sends 10 emails or 15 attachments, etc. We had one return with over 50 faxes and emails for instance.
This is a
guideline not etched in stone. If you do
your own TDF-90 forms, it is to your advantage. However, if we put them
in the first year, the computer carries them forward beautifully.
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