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howard-jung
Returning Member

Foreign Tex Credits for current and past taxes paid to canada?

Hi,

 

I have W2 income in the US and rental income in Canada.

I am a Canadian citizen, but am considered a resident alien in the US for tax purposes.

 

I've been declaring all of my income to the IRS and to the CRA (the Canadian version of the IRS). 

I've paid taxes to the US. I've also paid taxes to the CRA, the  difference between what I paid the IRS and what would have been owed to the CRA (because  of their generally higher tax rates).  For example, if I owed the IRS $1000, and the CRA $1200, then I would pay the IRS $1000 and the CRA $200 (after all currency conversions).

 

Can I claim the $200 as a foreign tax credit on Form 1116 for  past years?  If so how would I do that in TurboTax?

Can I claim the $200 as a foreign tax credit on Form 1116 for the current year?  (I would have to figure out how much tax would be on the rental income in Canada as well)

 

If anyone could answer these questions, or provide some guidancde, that would be greatly appreciated!

 

 

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2 Replies

Foreign Tex Credits for current and past taxes paid to canada?

There is a tax treaty between Canada and the US as to where income is taxed. Turbotax does not handle this situation.  TYou may have been doing your taxes for both countries incorrectly.  I am NOT sure but I think your wages would only be taxed in the US while only the rental is taxed by both.  This is because, again I'm not sure, you're deemed ONLY a resident of of the US.  

 

if no OP provides more or different info perhaps consult with a tax pro familar with this tax treaty

https://www.irs.gov/businesses/international-businesses/canada-tax-treaty-documents 

 

 

tax treaty Artice IV

1. For the purposes of this Convention, the term "resident of a Contracting State" means any person
who, under the laws of that State, is liable to tax therein by reason of his domicile, residence, place of
management, place of incorporation or any other criterion of a similar nature, ...........................

2. Where by reason of the provisions of paragraph 1 an individual is a resident of both Contracting
States, then his status shall be determined as follows:
(a) He shall be deemed to be a resident of the Contracting State in which he has a
permanent home available to him; if he has a permanent home available to him in both States or
in neither State, he shall be deemed to be a resident of the Contracting State with which his
personal and economic relations are closer (centre of vital interests);
(b) If the Contracting State in which he has his centre of vital interests cannot be
determined, he shall be deemed to be a resident of the Contracting State in which he has an
habitual abode;
(c) If he has an habitual abode in both States or in neither State, he shall be deemed to
be a resident of the Contracting State of which he is a citizen; and

(d) If he is a citizen of both States or of neither of them, the competent authorities of the
Contracting States shall settle the question by mutual agreement

 

ARTICLE VI
Income from Real Property
1. Income derived by a resident of a Contracting State from real property (including from agriculture
or forestry) situated in the other Contracting State may be taxed in that other State. ( but I think it's also taxable in the US.

 

ARTICLE XV
Dependent Personal Services
1. Subject to the provisions of Articles XVIII (Pensions and Annuities) and XIX (Government
Service), salaries, wages and other similar remuneration derived by a resident of a Contracting State in
respect of an employment shall be taxable only in that State unless the employment is exercised in the
other Contracting State. If the employment is so exercised, such remuneration as is derived therefrom
may be taxed in that other State.
2. Notwithstanding the provisions of paragraph 1, remuneration derived by a resident of a
Contracting State in respect of an employment exercised in a calendar year in the other Contracting
State shall be taxable only in the first-mentioned State if:
(a) Such remuneration does not exceed ten thousand dollars ($10,000) in the currency
of that other State; or
(b) The recipient is present in the other Contracting State for a period or periods not
exceeding in the aggregate 183 days in that year and the remuneration is not borne by an
employer who is a resident of that other State or by a permanent establishment or a fixed base
which the employer has in that other State.
3. Notwithstanding the provisions of paragraphs 1 and 2, remuneration derived by a resident of a
Contracting State in respect of an employment regularly exercised in more than one State on a ship,
aircraft, motor vehicle or train operated by a resident of that Contracting State shall be taxable only in
that State.

 

 

howard-jung
Returning Member

Foreign Tex Credits for current and past taxes paid to canada?

Mike,

 

Thanks for the reply. I just realzied that I put this question in the incorrect subject area. I'll move the thread to the appropriate area.

 

 

Blessings,

H

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