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Form 1040ezForm 1040ez Publication 597 - Main Content Table of Contents Application of Treaty Personal Services Pensions, Annuities, Social Security, and AlimonyRoth IRAs. Form 1040ez Tax-deferred plans. Form 1040ez Investment Income From Canadian Sources Other Income Charitable ContributionsQualified charities. Form 1040ez Income Tax Credits Competent Authority Assistance How To Get Tax HelpText of Treaty U. Form 1040ez S. Form 1040ez Taxation Canadian Taxation Application of Treaty The benefits of the income tax treaty are generally provided on the basis of residence for income tax purposes. Form 1040ez That is, a person who is recognized as a resident of the United States who has income from Canada, will often pay less income tax to Canada on that income than if no treaty was in effect. Form 1040ez Article IV provides definitions of residents of Canada and the United States, and provides specific criteria for applying the treaty in cases where a taxpayer is considered by both countries to be a resident. Form 1040ez Saving clause. Form 1040ez In most instances, a treaty does not affect the right of a country to tax its own residents (including those who are U. Form 1040ez S. Form 1040ez citizens) or of the United States to tax its residents or citizens (including U. Form 1040ez S. Form 1040ez citizens who are residents of the foreign country). Form 1040ez This provision is known as the “saving clause. Form 1040ez ” For example, an individual who is a U. Form 1040ez S. Form 1040ez citizen and a resident of Canada may have dividend income from a U. Form 1040ez S. Form 1040ez corporation. Form 1040ez The treaty provides a maximum rate of 15% on dividends received by a resident of Canada from sources in the United States. Form 1040ez Even though a resident of Canada, the individual is a U. Form 1040ez S. Form 1040ez citizen and the saving clause overrides the treaty article that limits the U. Form 1040ez S. Form 1040ez tax to 15%. Form 1040ez Exceptions to the saving clause can be found in Article XXIX, paragraph 3. Form 1040ez Treaty-based position. Form 1040ez If you take the position that any U. Form 1040ez S. Form 1040ez tax is overruled or otherwise reduced by a U. Form 1040ez S. Form 1040ez treaty (a treaty-based position), you generally must disclose that position on Form 8833, Treaty-Based Return Position Disclosure Under Section 6114 or 7701(b), and attach it to your return. Form 1040ez Personal Services A U. Form 1040ez S. Form 1040ez citizen or resident who is temporarily present in Canada during the tax year is exempt from Canadian income taxes on pay for services performed, or remittances received from the United States, if the citizen or resident qualifies under one of the treaty exemption provisions set out below. Form 1040ez Income from employment (Article XV). Form 1040ez Income U. Form 1040ez S. Form 1040ez residents receive for the performance of dependent personal services in Canada (except as public entertainers) is exempt from Canadian tax if it is not more than $10,000 in Canadian currency for the year. Form 1040ez If it is more than $10,000 for the year, it is exempt only if: The residents are present in Canada for no more than 183 days in any 12-month period beginning or ending in the year concerned, and The income is not paid by, or on behalf of, a Canadian resident and is not borne by a permanent establishment in Canada. Form 1040ez Whether there is a permanent establishment in Canada is determined by the rules set forth in Article V. Form 1040ez Example. Form 1040ez You are a U. Form 1040ez S. Form 1040ez resident employed under an 8-month contract with a Canadian firm to install equipment in their Montreal plant. Form 1040ez During the calendar year you were physically present in Canada for 179 days and were paid $16,500 (Canadian) for your services. Form 1040ez Although you were in Canada for not more than 183 days during the year, your income is not exempt from Canadian income tax because it was paid by a Canadian resident and was more than $10,000 (Canadian) for the year. Form 1040ez Pay received by a U. Form 1040ez S. Form 1040ez resident for work regularly done in more than one country as an employee on a ship, aircraft, motor vehicle, or train operated by a U. Form 1040ez S. Form 1040ez resident is exempt from Canadian tax. Form 1040ez Income from self-employment (Article VII). Form 1040ez Income from services performed (other than those performed as an employee) are taxed in Canada if they are attributable to a permanent establishment in Canada. Form 1040ez This income is treated as business profits, and deductions similar to those allowed under U. Form 1040ez S. Form 1040ez law are allowable. Form 1040ez If you carry on (or have carried on) business in both Canada and the United States, the business profits are attributable to each country based on the profits that the permanent establishment might be expected to make if it were a distinct and separate person engaged in the same or similar activities. Form 1040ez The business profits attributable to the permanent establishment include only those profits derived from assets used, risks assumed, and activities performed by the permanent establishment. Form 1040ez You may be considered to have a permanent establishment if you meet certain conditions. Form 1040ez For more information, see Article V (Permanent Establishment) and Article VII (Business Profits). Form 1040ez Public entertainers (Article XVI). Form 1040ez The provisions under income from employment or income from self-employment do not apply to public entertainers (such as theater, motion picture, radio, or television artistes, musicians, or athletes) from the United States who receive more than $15,000 in gross receipts in Canadian currency, including reimbursed expenses, from their entertainment activities in Canada during the calendar year. Form 1040ez However, this provision for public entertainers does not apply (and the other provisions will apply) to athletes participating in team sports in leagues with regularly scheduled games in both the United States and Canada. Form 1040ez Compensation paid by the U. Form 1040ez S. Form 1040ez Government (Article XIX). Form 1040ez Wages, salaries, and similar income (other than pensions) paid to a U. Form 1040ez S. Form 1040ez citizen by the United States or any of its agencies, instrumentalities, or political subdivisions for discharging governmental functions are exempt from Canadian income tax. Form 1040ez The exemption does not apply to pay for services performed in connection with any trade or business carried on for profit by the United States, or any of its agencies, instrumentalities, or political subdivisions. Form 1040ez Students and apprentices (Article XX). Form 1040ez A full-time student, apprentice, or business trainee who is in Canada to study or acquire business experience is exempt from Canadian income tax on remittances received from any source outside Canada for maintenance, education, or training. Form 1040ez The recipient must be or must have been a U. Form 1040ez S. Form 1040ez resident immediately before visiting Canada. Form 1040ez An apprentice or business trainee can claim this exemption only for a period of one year from the date the individual first arrived in Canada for the purpose of training. Form 1040ez Pensions, Annuities, Social Security, and Alimony Under Article XVIII, pensions and annuities from Canadian sources paid to U. Form 1040ez S. Form 1040ez residents are subject to tax by Canada, but the tax is limited to 15% of the gross amount (if a periodic pension payment) or of the taxable amount (if an annuity). Form 1040ez Canadian pensions and annuities paid to U. Form 1040ez S. Form 1040ez residents may be taxed by the United States, but the amount of any pension included in income for U. Form 1040ez S. Form 1040ez tax purposes may not be more than the amount that would be included in income in Canada if the recipient were a Canadian resident. Form 1040ez Pensions. Form 1040ez A pension includes any payment under a pension or other retirement arrangement, Armed Forces retirement pay, war veterans pensions and allowances, and payments under a sickness, accident, or disability plan. Form 1040ez It includes pensions paid by private employers and the government for services rendered. Form 1040ez Pensions also include payments from individual retirement arrangements (IRAs) in the United States, registered retirement savings plans (RRSPs) and registered retirement income funds (RRIFs) in Canada. Form 1040ez Pensions do not include social security benefits. Form 1040ez Roth IRAs. Form 1040ez A distribution from a Roth IRA is exempt from Canadian tax to the extent it would be exempt from U. Form 1040ez S. Form 1040ez tax if paid to a U. Form 1040ez S. Form 1040ez resident. Form 1040ez In addition, you may elect to defer any tax in Canada on income accrued within the Roth IRA but not distributed by the Roth IRA. Form 1040ez However, you cannot defer tax on any accruals due to contributions made after you become a Canadian resident. Form 1040ez Tax-deferred plans. Form 1040ez Generally, income that accrues in a Canadian RRSP or RRIF is subject to U. Form 1040ez S. Form 1040ez tax, even if it is not distributed. Form 1040ez However, a U. Form 1040ez S. Form 1040ez citizen or resident can elect to defer U. Form 1040ez S. Form 1040ez tax on income from the plan until the income is distributed. Form 1040ez Form 8891 is used to make the election. Form 1040ez Annuities. Form 1040ez An annuity is a stated sum payable periodically at stated times, during life, or during a specified number of years, under an obligation to make the payments in return for adequate and full consideration (other than services rendered). Form 1040ez Annuities do not include: Non-periodic payments, or An annuity the cost of which was deductible for tax purposes. Form 1040ez Special rules. Form 1040ez Special rules apply to pensions and annuities with respect to: Short-term assignments, Cross-border commuters, and Individuals who participate in a Canadian qualifying plan. Form 1040ez Generally, distributions in such cases are deemed to be earned in the country in which the plan is established, without regard to where the services were rendered. Form 1040ez Social security benefits. Form 1040ez U. Form 1040ez S. Form 1040ez social security benefits paid to a resident of Canada are taxed in Canada as if they were benefits under the Canada Pension Plan, except that 15% of the amount of the benefit is exempt from Canadian tax. Form 1040ez Alimony. Form 1040ez Alimony and similar amounts (including child support payments) from Canadian sources paid to U. Form 1040ez S. Form 1040ez residents are exempt from Canadian tax. Form 1040ez For purposes of U. Form 1040ez S. Form 1040ez tax, these amounts are excluded from income to the same extent they would be excluded from income in Canada if the recipient was a Canadian resident. Form 1040ez Investment Income From Canadian Sources The treaty provides beneficial treatment for certain items of Canadian source income that result from an investment of capital. Form 1040ez Dividends (Article X). Form 1040ez For Canadian source dividends received by U. Form 1040ez S. Form 1040ez residents, the Canadian income tax generally may not be more than 15%. Form 1040ez A 5% rate applies to intercorporate dividends paid from a subsidiary to a parent corporation owning at least 10% of the subsidiary's voting stock. Form 1040ez However, a 10% rate applies if the payer of the dividend is a nonresident-owned Canadian investment corporation. Form 1040ez These rates do not apply if the owner of the dividends carries on, or has carried on, a business in Canada through a permanent establishment and the holding on which the income is paid is effectively connected with that permanent establishment. Form 1040ez Interest (Article XI). Form 1040ez Generally, Canadian source interest received by U. Form 1040ez S. Form 1040ez residents is exempt from Canadian income tax. Form 1040ez The exemption does not apply if the owner of the interest carries on, or has carried on, a business in Canada through a permanent establishment and the debt on which the income is paid is effectively connected with that permanent establishment. Form 1040ez Gains from the sale of property (Article XIII). Form 1040ez Generally, gains from the sale of personal property by a U. Form 1040ez S. Form 1040ez resident having no permanent establishment in Canada are exempt from Canadian income tax. Form 1040ez However, the exemption from Canadian tax does not apply to gains realized by U. Form 1040ez S. Form 1040ez residents on Canadian real property, and on personal property belonging to a permanent establishment in Canada. Form 1040ez If the property subject to Canadian tax is a capital asset and was owned by the U. Form 1040ez S. Form 1040ez resident on September 26, 1980, not as part of the business property of a permanent establishment in Canada, generally the taxable gain is limited to the appreciation after 1984. Form 1040ez Royalties (Article XII). Form 1040ez The following are exempt from Canadian tax: Copyright royalties and other like payments for the production or reproduction of any literary, dramatic, musical, or artistic work (other than payments for motion pictures and works on film, videotape, or other means of reproduction for use in connection with television, which may be taxed at 10%), Payments for the use of, or the right to use, computer software, Payments for the use of, or the right to use, any patent or any information concerning industrial, commercial, or scientific experience (but not within a rental or franchise agreement), and Payments for broadcasting as agreed to in an exchange of notes between the countries. Form 1040ez This rate or exemption does not apply if the owner of the royalties carries on, or has carried on, a business in Canada through a permanent establishment and the right or property on which the income is paid is effectively connected with that permanent establishment. Form 1040ez This exemption (or lower rate) does not apply to royalties to explore for or to exploit mineral deposits, timber, and other natural resources. Form 1040ez Other Income Generally, Canadian source income that is not specifically mentioned in the treaty, may be taxed by Canada. Form 1040ez Gambling losses. Form 1040ez Canadian residents may deduct gambling losses in the U. Form 1040ez S. Form 1040ez against gambling winnings in the U. Form 1040ez S. Form 1040ez in the same manner as a U. Form 1040ez S. Form 1040ez resident. Form 1040ez Charitable Contributions United States income tax return. Form 1040ez Under Article XXI, you may deduct contributions to certain qualified Canadian charitable organizations on your United States income tax return. Form 1040ez Besides being subject to the overall limits applicable to all your charitable contributions under U. Form 1040ez S. Form 1040ez tax law, your charitable contributions to Canadian organizations (other than contributions to a college or university at which you or a member of your family is or was enrolled) are subject to the U. Form 1040ez S. Form 1040ez percentage limits on charitable contributions, applied to your Canadian source income. Form 1040ez If your return does not include gross income from Canadian sources, charitable contributions to Canadian organizations are generally not deductible. Form 1040ez Example. Form 1040ez You are a U. Form 1040ez S. Form 1040ez citizen living in Canada. Form 1040ez You have both U. Form 1040ez S. Form 1040ez and Canadian source income. Form 1040ez During your tax year, you contribute to Canadian organizations that would qualify as charitable organizations under U. Form 1040ez S. Form 1040ez tax law if they were U. Form 1040ez S. Form 1040ez organizations. Form 1040ez To figure the maximum amount of the contribution to Canadian organizations that you can deduct on your U. Form 1040ez S. Form 1040ez income tax return, multiply your adjusted gross income from Canadian sources by the percentage limit that applies to contributions under U. Form 1040ez S. Form 1040ez income tax law. Form 1040ez Then include this amount on your return along with all your domestic charitable contributions, subject to the appropriate percentage limit required for contributions under U. Form 1040ez S. Form 1040ez income tax law. Form 1040ez The appropriate percentage limit for U. Form 1040ez S. Form 1040ez tax purposes is applied to your total adjusted gross income from all sources. Form 1040ez Qualified charities. Form 1040ez These Canadian organizations must meet the qualifications that a U. Form 1040ez S. Form 1040ez charitable organization must meet under U. Form 1040ez S. Form 1040ez tax law. Form 1040ez Usually an organization will notify you if it qualifies. Form 1040ez For further information on charitable contributions and the U. Form 1040ez S. Form 1040ez percentage limits, see Publication 526, Charitable Contributions. Form 1040ez Canadian income tax return. Form 1040ez Under certain conditions, contributions to qualified U. Form 1040ez S. Form 1040ez charitable organizations may also be claimed on your Canadian income tax return if you are a Canadian resident. Form 1040ez Income Tax Credits The treaty contains a credit provision (Article XXIV) for the elimination of double taxation. Form 1040ez In general, the United States and Canada both allow a credit against their income tax for the income tax paid to the other country on income from sources in that other country. Form 1040ez For detailed discussions of the U. Form 1040ez S. Form 1040ez income tax treatment of tax paid to foreign countries, see Publication 514, Foreign Tax Credit for Individuals. Form 1040ez See paragraphs (4) and (5) of Article XXIV for certain provisions that affect the computation of the credit allowed by the United States for Canadian income taxes paid by U. Form 1040ez S. Form 1040ez citizens residing in Canada. Form 1040ez Competent Authority Assistance Under Article XXVI, a U. Form 1040ez S. Form 1040ez citizen or resident may request assistance from the U. Form 1040ez S. Form 1040ez competent authority when the actions of Canada, the United States, or both, potentially result in double taxation or taxation contrary to the treaty. Form 1040ez The U. Form 1040ez S. Form 1040ez competent authority may then consult with the Canadian competent authority to determine if the double taxation or denial of treaty benefits in question can be avoided. Form 1040ez If the competent authorities are not able to reach agreement in a case, binding arbitration proceedings may apply. Form 1040ez It is important that your request for competent authority assistance be made as soon as you have been notified by either Canada or the United States of proposed adjustments that would result in denial of treaty benefits or in double taxation. Form 1040ez This is so that implementation of any agreement reached by the competent authorities is not barred by administrative, legal, or procedural barriers. Form 1040ez For information that you should include with your request for competent authority assistance, see Revenue Procedure 2006-54, 2006-49 IRB 1035, available at www. Form 1040ez irs. Form 1040ez gov/irb/2006-49_IRB/ar13. Form 1040ez html. Form 1040ez The request should be addressed to: Deputy Commissioner (International) Large Business and International Division Attn: Office of Tax Treaty Internal Revenue Service 1111 Constitution Ave. Form 1040ez , NW Routing: MA3-322A Washington, D. Form 1040ez C. Form 1040ez 20024 In addition to a timely request for assistance, you should take the following measures: File a timely protective claim for credit or refund of U. Form 1040ez S. Form 1040ez taxes on Form 1040X, Form 1120X, or amended Form 1041, whichever is appropriate. Form 1040ez This will, among other things, give you the benefit of a foreign tax credit in case you do not qualify for the treaty benefit in question. Form 1040ez For figuring this credit, attach either Form 1116, Foreign Tax Credit (Individual, Estate, or Trust), or Form 1118, Foreign Tax Credit — Corporations, as appropriate. Form 1040ez Attach your protective claim to your request for competent authority assistance. Form 1040ez Take appropriate action under Canadian procedures to avoid the lapse or termination of your right of appeal under Canadian income tax law. Form 1040ez How To Get Tax Help You can get help with unresolved tax issues, order free publications and forms, ask tax questions, and get information from the IRS and the Canada Revenue Agency in several ways. Form 1040ez Text of Treaty You can get the text of the U. Form 1040ez S. Form 1040ez —Canada income tax treaty from: Superintendent of Documents U. Form 1040ez S. Form 1040ez Government Printing Office P. Form 1040ez O. Form 1040ez Box 371954 Pittsburgh, PA 15250-7954 The treaty can also be found on the Internet at IRS. Form 1040ez gov. Form 1040ez U. Form 1040ez S. Form 1040ez Taxation During the filing season, the IRS conducts a taxpayer assistance program in Canada. Form 1040ez To find out if IRS personnel will be in your area, you should contact the consular office at the nearest U. Form 1040ez S. Form 1040ez Embassy or consulate. Form 1040ez Mail. Form 1040ez For answers to technical or account questions, you can write to: Internal Revenue Service International Section Philadelphia, PA 19255-0525 Phone. Form 1040ez You can call the IRS for help at (267) 941-1000 (not a toll-free call). Form 1040ez Canadian Taxation You can get information on Canadian taxation from the Canada Revenue Agency. Form 1040ez The International Tax Services Office can be contacted on 1-800-267-5177 (from anywhere in Canada and the U. Form 1040ez S. Form 1040ez ) or on the Internet at www. Form 1040ez cra-arc. Form 1040ez gc. Form 1040ez ca. Form 1040ez Prev Up Next Home More Online Publications
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