TFSA deposit account still considered a foreign trust?

This is our main tax information forum which deals with topics concerning Canadians living and working in the U.S., U.S. citizens contemplating working in Canada, and all aspects of Canadian and U.S. income tax and related adminstrative issues.

Moderator: Mark T Serbinski CA CPA

Post Reply
aoleung
Posts: 11
Joined: Mon Feb 15, 2016 11:34 pm

TFSA deposit account still considered a foreign trust?

Post by aoleung »

I haven't been able to Google a satisfactory answer to this specific question so hopefully someone out there may have the answer.

My TFSA is specifically set up as a deposit account, not under any trust arrangements, and does not have any investment in mutual funds - interest is accrued similar to a savings acct. Does the IRS still consider this a foreign trust?

Thanks!
nelsona
Posts: 18675
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona »

The rule of thumb is that unless the TFSA manager can categorically state that it is not a trust, it is, and will need 3520, as well as reporting the internal income.
They don't called them TFSA "trustees" for nothing.
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
aoleung
Posts: 11
Joined: Mon Feb 15, 2016 11:34 pm

Post by aoleung »

got it, thanks - now to wade into the 3520/3520-A posts...
alitxtx
Posts: 4
Joined: Sat Mar 07, 2015 12:49 pm

Post by alitxtx »

I am still a bit confused about this. Who is considered a "TFSA manager"?

I am a US resident since 2015. I made a visit back to Canada in Aug. 2015 to close my TFSA. The type of investment is a non-redeemable GIC, and the issuer is Bank of Nova Scotia. No where on the terms does it mention "trust" or "trustee". At the time I closed my TFSA, my financial adviser had stated that the GIC is not considered a trust, but I still closed it anyways. Now should I confirm with the bank again, or it's probably better to deal wit the extra paperworks in any case?

Thank you very much!
Post Reply