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I am a dual citizen living in Canada.  I am a teacher and therefore have employment income.  I also offer private piano lessons (self-employment income).  I an an independent contractor for an organization in the US.  I have filed my Canadian income tax return reporting on and paying taxes on my worldwide income, Canada and US, employment and self-employment.  I know I can choose to exclude my Canadian income with Form 2555 or take a tax credit for taxes paid on my Canadian income but what about the taxes I have paid on my American income (1099MISC) as an independent contractor?  Where do I claim that or can I?  Thank you for your help. 
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Hi there

It can be difficult to hit all the tax planning items without gathering all related fact, however let me give you some guidance below:

- You US taxable accounts will be re-valued for Canadian purposes. You'll want to print off some snapshots of the fair market value of the individual securities to ensure you can adjust each security's ACB to FMV upon arrival

- Yes, best to avoid Canadian mutual funds and TFSA accounts once in Canada. However some mutual funds do provide PFIC reporting that allow US clients to hold Canadian mutual funds while in Canada

- Easiest to sell the California home before you enter Canada

- Might want to review securities with losses that may end up being taxable in Canada is they increase in value and are sold after entry

- IRA accounts could be converted to ROTH IRA accounts. This can be beneficial if you tax rate in the year of entry is relatively low.

Hope that helps.

Phil
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US-Canada Tax Questions / Guidelines for US to Canada move
« Last post by dsugar on January 30, 2019, 12:04:55 PM »
My wife and I are dual US/Canadian citizens currently living in California. We are selling our house in California and moving to and purchasing a house in Victoria this summer. We are selling our California house prior to moving, and the purchase of the Victoria house will probably be completed before we move (assuming we find something).

Are there any general guidelines of things to do or avoid pre/post move from a tax perspective?

Here's what I'm aware of currently:
- For investments in our US taxable account we will transfer them in-kind to a Canadian brokerage shortly after moving.
- We will avoid Canadian mutual funds due to FATCA compliance.
- We will avoid setting up a TFSA account in Canada due to US tax treatment.

Is there anything else along those lines that will make filing our US and Canadian taxes easier going forward?
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Hi J

You have quite a bit going on here so let me try and work through some of your questions:

In order to catch up on your late US returns you'll likely want to take advantage of the IRS streamlined tax filing program. This program, if you meet the eligibility criteria will allow you to catch up by filing the last 3 years of 1040 returns (including all related forms and disclosures) as well as 6 years of FBAR forms (foreign financial reporting forms).

You'll certainly want to plan for the money you intend on receiving. If you are the executor of your parent's estate it could result in a fairly complex final estate transition. Having a Canadian executor of a US estate may change the residency of the estate to a Canadian estate, thus requiring Canadian trust filings. This is something you'll likely want to avoid.

Considering you also have 401k and IRA accounts in the US you'll want to start consolidating your accounts. In most cases, especially considering US brokers either cannot legally manage the funds and that they have very little concept of Canadian investment and tax planning moving the accounts up to Canada is important. Give me a call at the number below and we can discuss your options for transferring the amounts up to Canada.

We do have the ability to transfer some of the IRA and/or 401k money to an RRSP, however in many cases this is unnecessary and you'll only be able to transfer up an amount close to your annual Canadian income.

As discussed above your parents should recognize the implication of having a Canadian executor of their estate. If this is the case they may want to change it to a US resident.

Please give me a call at the number below and we can chat more about your situation.

Cheers

Phil

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