Serbinski Accounting Firms

As you probably know, the withholding tax is imposed by, and paid to, Canada, not US. Without the treaty, the tax would be 25%. At a minimum, if you refer to Article X.2(b) of the treaty, this should reduce the withholding to 15%. For Cdn stocks held in an IRA or other retirement account, that withh...

As you are aware, your TFSA, from a taxable account point of view is simply an investment account in the eyes of IRS, so the income you report arising from a withdrawal would simply be any gain/loss from the sale of the particular investment(s). Not too sure about the 3520, as I chose to not view th...

Yes.

RRSPs are pension income. Pension income is General.

There is absolutely NO requirement for the 401(k) income to be periodic, in order to be split.

From an FTC point of view, US pensions are not subject to the 15% limit, and the early withdrawal penalty IS allowable along with the regular tax, even if this pushes you above 15%. This has been accepted by CRA for well over a decade. This was the resolution when many began "transferring"...

She can sell from anywhere in the world.

There is no reporting of annual "internal" income, only withdrawals.

The treaty says nothing about FBAR, 8938, and so on. so one needs to know the requirements of each form, and how all of their accounts under their control is valued, and structured.

CPP and RRSPs and Cdn RSP are all treated differently, but to answer your simple question of BC pension: If the person is a Cdn resident, the BC pension will be txed at normal rates in canada, and also fully reported in on 1040 as pension, with any Cdn tax credited on form 1116 against any US tax on...

As to the exclusion, since you will both be reporting half the sale, you each get 1/2 of the exclusion. I would not put it solely in your name (why do you think this would make it easier later?)

401(k) income IS eligible for income splitting (not IRA) and (except for QC) eligible at any age.

CRA accepts you splitting the foreign (or not, your choice).

You can change your split election for past years.

If you would need to file a return as a true non-resident (ie. in year(s) following your emigrant year), you would pay a federal non-resident surtax, which is likely higher than most provincial taxes.

Incorrect, olive. A provincial return IS required in the last year of partial residency, as provincial tax is owed on the income received while still resident.
The province where one resided on the last day of Cdn residency is to be used.

Sure.
Just be warned that it'll cost you north of $1500 for that per year.