Canadian company pension plan

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chronusfree68
Posts: 13
Joined: Wed Feb 23, 2022 8:59 am

Canadian company pension plan

Post by chronusfree68 »

I tried to search on the forum but words like "company pension plan" are too common to enable a meaningful search. Therefore, apologies if I repeat the question -

Is a Canadian university/company pension plan (specifically, the University of British Columbia Faculty/Staff Pension Plan) covered under the same tax treatment when it comes to U.S. IRS as CPP and RRSP in accordance to Article XVIII? I reproduce the treaty text below, but it is unclear to me how "pension" is defined in Point 3 in whether it extends to non-CPP, non-RRSP plans offered by universities/companies. Specifically, (a) is the year-to-year growth taxable income and (b) are these assets reportable on FBAR, 8938, 3520, etc. before withdrawal?

Article XVIII
Pensions and Annuities

1. Pensions and annuities arising in a Contracting State and paid to a resident of the other Contracting State may be taxed in that other State, but the amount of any such pension that would be excluded from taxable income in the first-mentioned State if the recipient were a resident thereof shall be exempt from taxation in that other State.
2. However:

(a) pensions may also be taxed in the Contracting State in which they arise and according to the laws of that State; but if a resident of the other Contracting State is the beneficial owner of a periodic pension payment, the tax so charged shall not exceed 15 per cent of the gross amount of such payment; and
(b) annuities may also be taxed in the Contracting State in which they arise and according to the laws of that State; but if a resident of the other Contracting State is the beneficial owner of an annuity payment, the tax so charged shall not exceed 15 per cent of the portion of such payment that would not be excluded from taxable income in the first-mentioned State if the beneficial owner were a resident thereof.

3. For the purposes of this Convention, the term "pensions" includes any payment under a superannuation, pension or other retirement arrangement, Armed Forces retirement pay, war veterans pensions and allowances and amounts paid under a sickness, accident or disability plan, but does not include payments under an income-averaging annuity contract or, except for the purposes of Article XIX (Government Service), any benefit referred to in paragraph 5.
chronusfree68
Posts: 13
Joined: Wed Feb 23, 2022 8:59 am

Re: Canadian company pension plan

Post by chronusfree68 »

For clarity, the individual involved here is a dual U.S.-Canadian citizen interested in U.S. tax treatment only
nelsona
Posts: 18675
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Re: Canadian company pension plan

Post by nelsona »

CPP and RRSPs and Cdn RSP are all treated differently, but to answer your simple question of BC pension:
If the person is a Cdn resident, the BC pension will be txed at normal rates in canada, and also fully reported in on 1040 as pension, with any Cdn tax credited on form 1116 against any US tax on the pension.
If the person is a US resident, the pension will be withheld at a flat 15% Cdn tax rate (the pension trustee wil handle this IF they are notified that the person is a US resident), and then fully reported on 1040 as pension, with the 15% Cdn tax used as a credit on form
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
nelsona
Posts: 18675
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Re: Canadian company pension plan

Post by nelsona »

There is no reporting of annual "internal" income, only withdrawals.

The treaty says nothing about FBAR, 8938, and so on. so one needs to know the requirements of each form, and how all of their accounts under their control is valued, and structured.
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
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