Search found 137 matches

by Mark T Serbinski CA CPA
Sun Jan 01, 2006 9:01 am
Forum: Canada / United States Tax & Accounting
Topic: 529 vs. RESP
Replies: 9
Views: 15822

Thanks for the clarification on the "Federal School Code" issue.
by Mark T Serbinski CA CPA
Sat Dec 31, 2005 11:53 am
Forum: Canada / United States Tax & Accounting
Topic: 529 vs. RESP
Replies: 9
Views: 15822

Withdrawals from a U.S. 529 plan are tax free only if the funds are withdrawn for qualified education purposes. This is defined as any expenditure for an institution which is eligible for U.S. federal education benefits. Therefore, a Canadian institution would not qualify, and you risk having the 52...
by Mark T Serbinski CA CPA
Sat Dec 31, 2005 11:48 am
Forum: Canada / United States Tax & Accounting
Topic: What to do with Roth IRA left in US
Replies: 7
Views: 5923

First of all, if you collapse the Roth now, you will pay a 10% tax penalty (assuming you are under age 59 1/2). Secondly, although there are provisions to transfer a U.S. IRA to your RRSP, penalties and/or taxes would still apply. In addition, you risk putting what is intended to be a tax free pensi...
by Mark T Serbinski CA CPA
Sun Dec 25, 2005 1:07 pm
Forum: Canada / United States Tax & Accounting
Topic: incorporate in the us or canada
Replies: 1
Views: 2109

If you are operating a business from Canada but you do a significant amount of business in the U.S., you should consider a structure something like this: 1. Use a Canadian corporation (CCPC) as your main operating entity. This corporation will directly record business originating in Canada. 2. Incor...
by Mark T Serbinski CA CPA
Tue Aug 09, 2005 8:28 am
Forum: Canada / United States Tax & Accounting
Topic: Joint Account or Not?
Replies: 22
Views: 14255

Although it really does not matter, it may be more practical for you to have a joint account.

In addition, you may find that interest income can be taxed in each of your returns, rather than only on yours. Depending on your, and your wifes incomes, this could make a difference.



Mark
by Mark T Serbinski CA CPA
Mon Jul 11, 2005 7:41 am
Forum: Canada / United States Tax & Accounting
Topic: Late filing for TD F 90-22.1
Replies: 1
Views: 2564

Under the voluntary compliance rules, you will not be fined if you come forward and file the forms with all of the required information (assuming that you have not to date been asked by IRS to do so.)



Mark
by Mark T Serbinski CA CPA
Wed Feb 09, 2005 11:30 am
Forum: Canada / United States Tax & Accounting
Topic: immigrating and taxes
Replies: 10
Views: 6985

When you enter Canada, your capital and investments are not taxed... nor are there any "departure" taxes in the U.S. However, when you establish residential ties to Canada, your capital properties (investments outside of retirement plans, real estate, etc.) are valued at fair market value ...
by Mark T Serbinski CA CPA
Fri Jan 21, 2005 11:45 am
Forum: Canada / United States Tax & Accounting
Topic: Moving to Canada, still working for U.S. company
Replies: 4
Views: 7096

When you become a resident of Canada, and are employed (by your company or any other entity) to provide services in Canada, you will also be subject to Canadian payroll tax withholding. In this case, your U.S. company would apply for a Canadian business number and take care of the Canadian withholdi...
by Mark T Serbinski CA CPA
Fri Dec 17, 2004 10:27 am
Forum: Canada / United States Tax & Accounting
Topic: Relocating back to Canada from US after 4 years
Replies: 4
Views: 8459

On a related topic, Canada does allow a deduction for moving expenses from outside of Canada, but only if you were considered a tax resident of Canada during your absence.

by Mark T Serbinski CA CPA
Fri Dec 17, 2004 10:11 am
Forum: Canada / United States Tax & Accounting
Topic: Managing IRA Account From Canada
Replies: 11
Views: 11476

Your problem is not unique. Although the issue of Canadian RRSP investments held by U.S. residents has been substantially dealt with by allowing trading in Canadian RRSP brokerage accounts, the same has not been done for IRA accounts. The issue is an SEC rule which prohibits the use of a broker outs...
by Mark T Serbinski CA CPA
Fri Dec 17, 2004 10:07 am
Forum: Canada / United States Tax & Accounting
Topic: Canadian Mortgage vs US Tax Laws
Replies: 4
Views: 7489

Nelson is right, but you must first build the house on the lot to have the interest deductible.

Interest on raw land is normally capitalized as part of the cost of the land.
by Mark T Serbinski CA CPA
Fri Dec 17, 2004 10:05 am
Forum: Canada / United States Tax & Accounting
Topic: RRSP Taxability
Replies: 64
Views: 54569

Let's also not forget that Treaty Article XVIII(1) as further defined in Article 9(7) to the Third Protocol, defines a pension to include an RRSP, RRIF, or IRA.
by Mark T Serbinski CA CPA
Thu Dec 16, 2004 3:11 pm
Forum: Canada / United States Tax & Accounting
Topic: RRSP Taxability
Replies: 64
Views: 54569

A locked in RRSP remains locked according to the original agreement you made on establishing the plan, and cannot be cashed until released.
by Mark T Serbinski CA CPA
Thu Dec 16, 2004 8:08 am
Forum: Canada / United States Tax & Accounting
Topic: penalties & fees cashing out RRSP
Replies: 3
Views: 7529

Just a point about the RRSP taxability. 1. In the example above, the entire $10,000 would be included in income in the U.S., and is subject to a foreign tax credit. 2. No foreign tax credit carryover is available for any income which is excluded from tax (if any such income were to exist). Regards, ...
by Mark T Serbinski CA CPA
Thu Dec 16, 2004 7:48 am
Forum: Canada / United States Tax & Accounting
Topic: RRSP Taxability
Replies: 64
Views: 54569

Nelson: Read 72(w)(1) (quoted above) very carefully. It refers to current citizens or residents of the U.S., who, at the time the contribution was made may have been non resident aliens. This section is definitely on point, but you have elected to ignore it. The law is clear in that it identifies RR...