Do’s and Don’ts for Cross-border Investment Considerations
Adrian C. Spitters FCSI?, CFP?, CEA? President, Author, Private Wealth Advisor
I Execute Tax-Efficient Investment Portfolio Solutions So That Your Business, Family, And Estate Assets Are De-Risked And Protected Against Financial Risk, Economic Threats, Inflation And Higher Taxes.
Guest Contributor: Peter J. Merrick, TEP
Canadians, here are the Do’s and Don’ts for Cross-border Investment Considerations for the U.S Citizens. Persons Living in Canada: Understanding the tax intricacies when living cross-border, especially between Canada and the U.S., is crucial for efficient financial planning. Here are some do's and don'ts for U.S. Persons residing in Canada.
DO’s: Understand Your Tax Status: Determine if you're a Canadian resident for tax purposes. Factors include residential ties like having a home, spouse, or dependents in Canada. Canadian residents are taxed on worldwide income.
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Consider RRSP Contributions: If you generate an RRSP contribution room, think about investing. While RRSPs need FBAR and FATCA reporting, the Canada-United States Tax Convention offers tax relief. The U.S. gives an automatic tax deferral on income or gains earned in these plans.
Seek Cross-Border Tax, Investment and Insurance Specialists: Especially when juggling both Canadian and U.S. tax laws, it's crucial to get advice from experts well-versed in both systems. This is particularly vital for U.S. business owners residing in Canada.
DON'Ts: Assume Your U.S. Status Doesn’t Matter: The U.S. is unique in taxing expatriates. If identified as a U.S. Person due to citizenship, green card status, or the “substantial presence” test, you'll need to report Canadian-source income to the IRS.
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Overlook Reporting Obligations: U.S. Persons must be mindful of obligations like the Statement of Specified Foreign Financial Assets (Form 8938) and FinCEN Form 114.
Invest Blindly in TFSAs: For U.S. Persons in Canada, Tax-Free Savings Accounts (TFSA) can be tricky. While TFSAs are tax-free in Canada, the U.S. may tax the income earned. Moreover, depending on the investment, another Form 8621 might be necessary.
Ignore RESP & RDSP Implications: Both RESPs and RDSPs can be taxable for U.S. Persons, with additional U.S. filing and reporting requirements. If a U.S. Person contributes to an RESP, it might be seen as a foreign grantor trust, complicating tax matters further.
Gray Areas: REITs and Segregated Funds: They lie in a gray area regarding their definition as a PFIC.
Revenue Procedure 2020-17: While this provides relief for U.S. Persons with RESPs and RDSPs, it’s still debated if TFSAs qualify as tax-favoured trusts under this procedure.
Remember: Cross-border investments and tax implications can be overwhelming. It’s essential for U.S. Persons living in Canada to be aware of the intricacies involved and seek expert advice to navigate this challenging landscape. While opportunities abound for smart investments, caution and knowledge are key.
If you need Peter Merrick's invaluable expertise in Executing Tax Solutions Through Life Insurance so that your Business, Family, Wealth, and You are De-Risked and Protected, let's schedule an introduction to Peter J. Merrick by CLICKING HERE.
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Who is Peter J. Merrick, CFP, TEP?
Peter J. Merrick, TEP, is a Commentator, Keynote Speaker, and expert in US/ Canadian/International cross-border Estate Planning and Insurance and annuity Planning.
Over three decades, Peter specialized in de-risking and saving his clients up to 40% of their wealth that would have otherwise been paid out because of poor planning. These proven solutions effectively shelter income, reduce taxes on income and estates and defer or eliminate tax on investments and creditor-proof assets for domestic and international clients.
Peter is also an author.
Peter has written three comprehensive LexisNexis business, legal, tax, succession and estate planning textbooks. For 18 years, Peter wrote a column for LexisNexis called "The Bottom Line," one of the largest professional tax and accounting publications.?Peter was also a university and college finance and financial planning lecturer for over 12 years.
Peter is also the author of The Business Novel - The King of Main Street. To read reviews, please click here.
To receive a complimentary digital copy of "The King of Main Street," email me at [email protected]
In 2019, Peter relocated to San Diego, California, from Toronto, Canada. Right now, he sees a number of wealth-saving opportunities resolving long-ignored issues for Canadians in corporate planning, cross-border US and international planning, financial, philanthropic, and estate planning implementation, utilizing Canadian/US Life Insurance and Canadian/US Annuity strategies.
Peter works with high-net-worth individuals and their legal, tax and financial professionals performing Canadian estate freezes and terminal tax planning, as well as those who seek to relocate to the US or have financial interests in the US from places like Canada and other national jurisdictions.
It is absolutely essential that you partner with and work with an expert familiar with the Canadian Income Tax Act, the IRS Tax Code, and US/International Tax Treaties before implementing any strategy in the areas of Canadian estate freezes, terminal tax planning, and cross-border planning.
If you are a professional advising a client who falls in this situation or if you personally have cross-border interests in the US and you want to review your situation, schedule an introduction to Peter J. Merrick by CLICKING HERE.
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Adrian C. Spitters FCSI?, CFP?, CEA? President, Author, Private Wealth Advisor
I Execute Tax-Efficient Investment Portfolio Solutions So That Your Business, Family, And Estate Assets Are De-Risked And Protected Against Financial Risk, Economic Threats, Inflation And Higher Taxes.
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