US inheritance for Canadian resident 1041 Estate Trust Return - taking money across the border E677 E667 FINTRAC 104 or 105 -
QUESTION:
I am Canadian and have inherited money from my Aunt who lived in the U.S.
It is all in U.S. CD's and through a trust of which I am now the sole trustee.
The trust now has it's own U.S. tax number and I was told I would have to pay
taxes on the interest only. When I cash them as they come due I would like
to transfer the money to my Canadian Bank. Would I be taxed on the money
transferred here as
well?
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david ingram replies:
You will need to file US form 1041 for the Income from the Trust
Find the form at: http://www.irs.gov/pub/irs-pdf/f1041.pdf
Find the 52 pages of instructions for the form at : http://www.irs.gov/pub/irs-pdf/i1041.pdf
As a non-resident beneficiary of the money, your tax on any interest to the US should be limited to 10% under Article XI of the US / Canada Income Tax Treaty.
You will claim credit for the tax paid to the US on Canadian form T2209 and maybe T2036.
There is no Canadian tax to you on the principal amount of the CD's. When you cash them in, you can bring the principal to Canada Income Tax Free but there will be tax on any interest earned as described above.
Remember though that there are big penalties for transporting more than $10,000 out of the US or $10,000 into Canada without reporting it to the respective authorities.
If you transfer it through a bank transfer, the banks do it for you.
If you have cash in your car and do not report it and it is discovered at the border, the money AND the car can be confiscated.
-------------------------------------
-------------------------------------------------
david ingram replies:
You will need to file US form 1041 for the Income from the Trust
Find the form at: http://www.irs.gov/pub/irs-pdf/f1041.pdf
Find the 52 pages of instructions for the form at : http://www.irs.gov/pub/irs-pdf/i1041.pdf
As a non-resident beneficiary of the money, your tax on any interest to the US should be limited to 10% under Article XI of the US / Canada Income Tax Treaty.
You will claim credit for the tax paid to the US on Canadian form T2209 and maybe T2036.
There is no Canadian tax to you on the principal amount of the CD's. When you cash them in, you can bring the principal to Canada Income Tax Free but there will be tax on any interest earned as described above.
Remember though that there are big penalties for transporting more than $10,000 out of the US or $10,000 into Canada without reporting it to the respective authorities.
If you transfer it through a bank transfer, the banks do it for you.
If you have cash in your car and do not report it and it is discovered at the border, the money AND the car can be confiscated.
-------------------------------------
Hi David, I'm wondering if you could help me out. I'm an American citizen who became a "permanent resident" of Canada about 4 years ago. I recently sold property in Montreal and am thinking about returning to the US to live permanently. What would be the best way for me to transfer the money to the states? Thanks so much for your help! Robin Tajiouti------------------------------------
david ingram replies:
First, get your Canadian citizenship. You have been here long enough and there are absolutely NO disadvantages to your having dual citizenship.
The BIG advantage is that you can return to Canada anytime you want in the future with no questions and / or paperwork.
The easiest way to transfer the money is to have a Canadian Bank or the Caisse Populaire transfer it electronically to your bank in the US.
This older Q & A might help as well.
--------------------------
David:
Thanks
for the minutes you just spent with me on the phone about taking money to
Seattle to pay for a car I have already ordered and put a deposit
on.
Please
send me the links for the forms for both the Canadian side and the
What
happens to this information after I provide the forms? Just record-keeping
for both countries to determine how much money is going in each
direction?
Thanks,
david ingram replies:
Taking money across the border to buy a car is an interesting experience. The last time I did it, I handed the form in to the US person at the border and he looked at it and said "it's wrong", go inside.
So in I went and it was wrong.
I was going down to buy a used Cadillac and had $15,000 US with me and had declared it.
Unfortunately, I also had some Canadian money with me and had neglected to include it. The border guard looked at the $15,000 US and instinctively knew i had some Canadian cash as well and the inside fellow gave me royal hell for not declaring "everything"
The US forms eventually go to Detroit and the Canadian forms go to FINTRAC in Ottawa. However, YOU hand them in at the border.
FINTRAC
24th floor, 234 Laurier Avenue West
Ottawa, ON
K1P 1H7
CANADA
Email
[email protected]
Telephone
1-866-346-8722 (toll
free)
Facsimile
(613) 943-7931
This older Q & A will give you the forms needed:
----------------------------------------------------------------------
I just saw a question you answered about a Canadian living in the
US as a permanent resident selling a home and wanting to transfer the money to a
US bank. (
http://www.david-ingram.com/CEN-TAPEDE/archive/Week-of-Mon-20061009/002904.html) I'm
in the same situation, except I want to keep most of the money in Canada. You
said, below, that the banks will notify the treasury on amounts over $10,000. Is
this $10,000 at any one time, or per calendar year?
What I want to do is bring enough money to pay off my US credit
cards. Through several bank withdrawals and cheque deposits I've already put
about $9600 Canadian into my US bank (not at the same time) to pay bills. Do I
need to wait until next year to bring more in, or is it okay to continue
doing this? I would need maybe another $11,000 to pay everything off here.
Thanks!
david ingram replies:
If you have transferred $9.600 so far and have paid it out already, there is no problem. If you are transferring smaller amounts because you are trying to amass an amount over $10,000 for a single purpose, then you have to report the transfer of more than $10,000 AND the financial institution you have transferred the money to in the USA should be reporting the transaction as well. In fact making several transfers for a total of $12,000 could make you look like a suspicious person whereas one $15,000 transfer would never raise a suspicious person report, especially if the money was then paid out to credit card companies.
The rules for reporting take place for both countries when there is a transfer (or series of transfers) of more than $10,000.
If you do it as a bank transfer, you do not need to worry. The bank will do the reporting for you.
If you take cash out in Canada and take it across the border yourself, YOU have to do the reporting to both countries.
This older series of questions will help
This last question just
gave me an idea for a new question:
What if I bring say $15
000 US into Canada but I do it at several trips and
every time I carry less then $10 000 (3000-5000)? Any forms to fill or
report? Thanks.
every time I carry less then $10 000 (3000-5000)? Any forms to fill or
report? Thanks.
PxXXXX
---------------------------------
---------------------------------
david ingram
replies:
Both countries make the
transportation of more than $10,000 in pieces a crime as
well.
However, if you were
sending a $1,000 a month to a savings plan or something, that would not
matter.
The crime would be trying
to assemble the more than $10,000 in the other country when you had the ability
to send it all at once.
I.E. You have
$25,000 in a bank in Seattle and send $5,000 every couple of days until it is
all in Canada.
In that case, if your
banks spotted what was going on, "they" would report
you.
The bank will also report
when several cheques arrive from different sources and they add up to
significant amounts whether the source is from the US or not. This is to
stop people from keeping their money in other people's accounts and assembling
it when they need it.
All part of anti money
laundering legislation.
=============
the original question and
answer follows
What forms do I have to
fill out if I am transporting more than $10,000 across the Canadian
Border
==============================
david ingram
replies: The forms are E677 and E667 for Canada and 104 and
105 for the US if you are bringing the money out of the US into Canada..
The US bank will
report the deposit or withdrawal to the US FINCEN on form 104 which
you can find at: http://www.irs.gov/pub/irs-pdf/ffc104.pdf
When you then move
the money to Canada by money order or check, the bank or financial institution
will report it again.
The US penalties for failure to fill in these simple forms is up to
$500,000 PLUS 5 years in jail.
If you remove more
than $10,000 at any one time, the bank will report those transactions as
well.
If you decide to
carry the cash or transport it out of the USA as a cashier's cheque, you have to
file form 105. You can find the form at: http://www.irs.gov/pub/irs-pdf/ffc105.pdf
Canada has moved its forms
in the last few days and i had a devil of a time trying to find them. You
can find both E677 and E667
below.
http://www.cbsa-asfc.gc.ca/E/pbg/cf/e667/e667-fill-06b.pdf
The E667 is filled out by the Bank or financial institution and you do not usually see it.
The following E677 is filled in by yourself and handed in at the airport OR LAND BORDER to CANADIAN CUSTOMS AS YOU LEAVE OR AS YOU ENTER
SUGGESTED PRICE GUIDELINES - Aug 5,
2008
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:
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.
--IRS Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, please be advised that any U.S. tax advice contained in this communication (including any attachments) is not intended or written to be used or relied upon, and cannot be used or relied upon, for the purpose of (i) avoiding penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.--
-Disclaimer: This question has been answered without detailed information or consultation and is to be regarded only as general comment. Nothing in this message is or should be construed as advice in any particular circumstances. No contract exists between the reader and the author and any and all non-contractual duties are expressly denied. All readers should obtain formal advice from a competent and appropriately qualified legal practitioner or tax specialist for expert help, assistance, preparation, or consultation in connection with personal or business affairs such as at www.centa.com or www.garygauvin.com. If you forward this message, this disclaimer must be included." -
--IRS Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, please be advised that any U.S. tax advice contained in this communication (including any attachments) is not intended or written to be used or relied upon, and cannot be used or relied upon, for the purpose of (i) avoiding penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.--
-Disclaimer: This question has been answered without detailed information or consultation and is to be regarded only as general comment. Nothing in this message is or should be construed as advice in any particular circumstances. No contract exists between the reader and the author and any and all non-contractual duties are expressly denied. All readers should obtain formal advice from a competent and appropriately qualified legal practitioner or tax specialist for expert help, assistance, preparation, or consultation in connection with personal or business affairs such as at www.centa.com or www.garygauvin.com. If you forward this message, this disclaimer must be included." -
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