Deemed disposition at departure with subsequent value losses

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tony9409
Posts: 12
Joined: Sun Apr 06, 2008 12:33 pm
Location: NC, USA

Deemed disposition at departure with subsequent value losses

Post by tony9409 »

When I moved to the US I elected to defer tax payment on assets deemed disposed at departure hoping they'd appreciate. Boy I was wrong...I still hold the assets which have lost most of their value such that selling them won't even pay the deemed taxes. Recently one of the mutual funds I had was wound up and they moved my money into it's replacement triggering a sale & substantive loss that I need to report. What can I do with CCRA to amend my deferral and how would I report these losses. Help...
nelsona
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Location: Nowhere, man

Post by nelsona »

You are on the hook for what you owed at the time you left.
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

Post by Carson »

As usual, Nelson is absolutely correct.

There are only a very few assets (like Canadian private company shares) on which a post departure loss can be used to reduce your departure gain. Marketable securities do not qualify.

Sorry.
nelsona
Posts: 18365
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona »

CRA doesn't care about what happened to these stocks after you left.

IRS will give you the cap loss based on either their origianal cost or the deemd disposition price (your choice).
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
nelsona
Posts: 18365
Joined: Wed Oct 27, 2004 2:33 pm
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Post by nelsona »

The only way to get around deemed disposition on ordinary stocks that you hold when leaving is to defer the tax (like you did), but then hold on to them for a full 10 years while in US and then sell them.

I believe that the treaty allows at this point that the canada loses its right to tax the transaction, including the deemed disposition.

This does not apply to you.
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
tony9409
Posts: 12
Joined: Sun Apr 06, 2008 12:33 pm
Location: NC, USA

Post by tony9409 »

Ah so some possible relief...I pay tax on the mutual fund wound up and hold the rest which are stock for ~2 more years then sell in the tenth year (if I understood that correctly).

regards,
nelsona
Posts: 18365
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona »

As I said, I believe this is correct.
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
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