Canadians in US: penalties for not filing form 5471

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MikeC
Posts: 17
Joined: Sat Mar 18, 2006 1:46 pm

Canadians in US: penalties for not filing form 5471

Post by MikeC »

It looks like Canadians who have their own Canadian corporations must file Form 5471.
It is very complex, and there are big penalties for not filing.
It references treaty's exceptions that are not very clear.
Is anyone aware of this form?
nelsona
Posts: 18363
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona »

I do not know of any exemptions to the requirements for cdns to file this form if otherwise required to.
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
Carson
Posts: 182
Joined: Wed Oct 27, 2004 1:00 pm
Location: Toronto

Re: Canadians in US: penalties for not filing form 5471

Post by Carson »

MikeC wrote:It looks like Canadians who have their own Canadian corporations must file Form 5471.
It is very complex, and there are big penalties for not filing.
It references treaty's exceptions that are not very clear.
Is anyone aware of this form?
Yes, it is a very complicated form. As nelson says, there are no Treaty exemptions. The form requires knowledge of the CFC, PFIC rules and how to calculate "subpart F" income. The form is required for US tax residents (i.e. 1040 filers) who meet the criteria set out in the instructions.
MikeC
Posts: 17
Joined: Sat Mar 18, 2006 1:46 pm

Post by MikeC »

Thanks everyone. Carson, "1040" - no mistake?
Carson
Posts: 182
Joined: Wed Oct 27, 2004 1:00 pm
Location: Toronto

Post by Carson »

MikeC wrote:Thanks everyone. Carson, "1040" - no mistake?
I was being generic. It is possible for a non US citizen, part year US tax resident to file a 1040NR, i.e. in a dual status year. If that applies to you, then you might have to file the 5471 as well.
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