Cap gains double taxed?

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schwaz
Posts: 12
Joined: Mon Oct 29, 2012 12:37 pm

Cap gains double taxed?

Post by schwaz »

I'm a dual US/CDN expat wondering if I cash out an investment and pay cap gains tax on a 300k usd windfall (not real estate) in Canada, would there be any tax owing in the US b/c as a married person I'm above the FEIE?
ND
Posts: 320
Joined: Thu Feb 21, 2013 5:28 pm

Re: Cap gains double taxed?

Post by ND »

Whether or not computing the FEIE election amount on 'earned income', run the calculation using foreign tax credit (FTC) on passive income like CG. Bear in mind that in Canada you pay tax on 50% of your capital gains, no matter what your total gains are and that as of June 25, 2024 you will be taxed on 50% of your annual capital gains up to $250,000 and for any capital gains over $250,000 that ratio increases to 66.67%. For IRS 1040, while the tax rate s/b lower than Canada's, you'll be including 100% of your capital gain (but not any portion belonging to NRA spouse if applicable).
Note also that your FEIE election can be revoked, should you find it more optimal to report your entire 1040 on FTC, even the 'earned income'
schwaz
Posts: 12
Joined: Mon Oct 29, 2012 12:37 pm

Re: Cap gains double taxed?

Post by schwaz »

Understood. Was hoping for a "yes" or a "no" answer but this'll do!
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