I understand that for a US citizen residing in Canada, capital gains are generally considered Canadian sourced and the double tax would need to be recovered on my US return.
I also understand that the CRA considers capital gains distributed from US mutual funds to be ordinary income (and not capital gains). Given this characterization as income instead of capital gains, should I consider these distributions to be US sourced instead of Canadian?
The double tax gets needs to be recovered somewhere but I'm not sure where to claim the FTC since IRS and CRA characterize these distributions differently. Thank you for your help.
Distributions from US mutual funds
Moderator: Mark T Serbinski CA CPA
Since you would be relying on the treaty for relief, you should use treat the income as it is: capital gains. Regardless of how canada taxes it, it remains capital gains in the eyes of US.
The US consideres these gains, and since they allow re-sourceing, will have no trouble accepting the tax paid in canada as a credit.
canada, on the other hand, is unlikly to view this as foreign income, and thus will probably not even accept any form of credit. Even if they did accept these as foreign, they could also say these are US gains and thus not eligible for more than 0% tax credit - NONE- by teaty.
Thus your remedy is to 'source' these as Cdn, and apply the Cdn tax paid on a 1116. Thiswill no doubt elimite your US tax on thius income and give you a carry forward to boot.
The US consideres these gains, and since they allow re-sourceing, will have no trouble accepting the tax paid in canada as a credit.
canada, on the other hand, is unlikly to view this as foreign income, and thus will probably not even accept any form of credit. Even if they did accept these as foreign, they could also say these are US gains and thus not eligible for more than 0% tax credit - NONE- by teaty.
Thus your remedy is to 'source' these as Cdn, and apply the Cdn tax paid on a 1116. Thiswill no doubt elimite your US tax on thius income and give you a carry forward to boot.
After 20 years, I am severely cutting back on responses. Do not ask specifically for my help. There are a few others on this board that can answer most questions. All the best
from http://www.murthy.com/chatlogs/chat0108_P.html
"blood : If one enters U.S. on Advance Parole while H1 extension is approved is he in valid H1 status?
SPEAKER_Attorney_Murthy : Depends on which was approved last. If the H1B were approved last, then that would supersede."
So, like I said, AP does not cancel your ability to have and use H1, but it is governed buy 'last action' which for H1 would have to be h1 approval or entry on H1.
You were absolutely right to enter on h1; showing your AP was the questionable tactic.
"blood : If one enters U.S. on Advance Parole while H1 extension is approved is he in valid H1 status?
SPEAKER_Attorney_Murthy : Depends on which was approved last. If the H1B were approved last, then that would supersede."
So, like I said, AP does not cancel your ability to have and use H1, but it is governed buy 'last action' which for H1 would have to be h1 approval or entry on H1.
You were absolutely right to enter on h1; showing your AP was the questionable tactic.
After 20 years, I am severely cutting back on responses. Do not ask specifically for my help. There are a few others on this board that can answer most questions. All the best