US citizen living in Canada and inheritance?

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Question

I’m a US citizen that will be moving to Canada and will be receiving an inheritance from a Canadian relative.

How am I taxed as a US citizen living in Canada and what about the inheritance?

Answer

US citizens living in Canada are subject to taxation in both countries. However, the Canada-US tax treaty helps to prevent double taxation of income by allowing individuals to claim tax credits in one country for taxes paid in the other.

Under the treaty, US citizens living in Canada are generally subject to Canadian tax on their worldwide income, just like any other Canadian resident. However, they are also eligible to claim a foreign tax credit in Canada for any US taxes paid on the same income. This credit can be used to offset their Canadian tax liability, reducing the overall amount of tax they need to pay.

In the United States, US citizens are subject to US tax on their worldwide income, regardless of where they live. However, the treaty also allows US citizens living in Canada to claim a foreign tax credit in the United States for any Canadian taxes paid on the same income. This credit can be used to offset their US tax liability, reducing the overall amount of tax they need to pay.

Overall, the Canada-US tax treaty helps to prevent double taxation of income for US citizens living in Canada by allowing them to claim tax credits in one country for taxes paid in the other. This helps to make it easier for US citizens to live and work in Canada without being unfairly taxed on the same income in both countries.

In Canada, inheritances are generally not subject to income tax. However, capital gains tax may be payable on any appreciated assets that are inherited.

When a person dies, their estate is generally responsible for paying any outstanding taxes, such as income tax or capital gains tax on appreciated assets. The estate may also be responsible for paying probate fees, which are charged by the government for the process of administering the deceased person’s estate.

If an individual inherits cash or assets from the deceased person’s estate, they are not responsible for paying income tax on the inheritance. However, if the inherited assets have appreciated in value since the deceased person acquired them, the inheritor may be required to pay capital gains tax on the appreciation when they sell the assets.

For example, if a person inherits a stock portfolio that has increased in value since the deceased person acquired it, the inheritor may be required to pay capital gains tax on the increase in value when they sell the stocks. The capital gains tax rate in Canada is generally lower than the income tax rate, so the overall tax burden on inherited assets is typically lower than it would be if the assets were subject to income tax.

Overall, inheritances are not subject to income tax in Canada, but capital gains tax may be payable on any appreciated assets that are inherited. This means that the tax burden on inherited assets is generally lower than it would be if the assets were subject to income tax.

The information above is only a general overview of inheritances and a proper review of your situation should be done to assess any tax or investment requirements.

If you need help in planning for your cross-border inheritance please contact me at phil@philhogan.com and I’ll do my best to help.

 

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