changing residency and capital loss carry forwards

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
cappy2010
Posts: 3
Joined: Wed Feb 17, 2010 2:50 pm

changing residency and capital loss carry forwards

Post by cappy2010 »

Does anyone know - if a capital loss is taken in Canada before changing tax residency to US, do you keep the loss when you cross over? Can you apply it in the US? Does it survive returning back to Canada after a stint as a US tax resident?

Does it matter if it's ABIL vs. capital losses?

Thanks everyone.
nelsona
Posts: 18678
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona »

The loss will be there until you get back. It can't be used in US.

However if you wait to trigger the capital loss until you are in US, it will also be available there. Deemed disposition when you leave Canada will trigger the loss for Cdn purposes without actual sale.

ABIL would probably only be recognized in canada.

Note that deemed disposition does not necessarily apply to taxable cdn property, which may include a small Cdn business.
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
Post Reply