TFSAs - A Case for US citizens resident in Canada owning?

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jenfin
Posts: 52
Joined: Sat Mar 12, 2011 5:18 pm
Location: Canada

TFSAs - A Case for US citizens resident in Canada owning?

Post by jenfin »

Noticed US citizens resident in Canada are abandoning TFSAs because they are taxable in US. I can see people doing so to avoid the 3520 reporting but might there be a case for continuing once one has mastered the reporting. For example, although taxable in the US might one have sufficient Cdn taxes on erall ovpassive income to eliminate or mitigate the US tax owing?
Taxpoor
Posts: 110
Joined: Thu Oct 11, 2012 9:14 am
Location: Canada

Post by Taxpoor »

The foundation of your reasoning is sound...however my advice to anyone is to stay away from foreign trusts such as the TFSA as the reporting costs to hire an Accountant out way the benefit of the gains accrued.

I for one have not even entertained the thought of a TFSA just due to the reporting requirement. Form 8891 form my RRSP is sufficient enough thank you.

Hopefully, down the road, maybe they will include the TFSA into the treaty...or develop a simplified form like they did with the RRSP....until my advice is to stay away.
nelsona
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Location: Nowhere, man

Post by nelsona »

I agree.
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
MGeorge
Posts: 313
Joined: Fri Jun 22, 2012 9:23 am
Location: Canada

Post by MGeorge »

I agree as well - but in the end, I chose to keep my TFSA and continue reporting on 3520/3520A. My only concern is I've heard from other folks on this forum that the 3520 often results in getting threatening letters from the IRS - many in error. I haven't received one of these yet, but I won't be surprised if I do.

I still think I'd advise any US citizen who doesn't already have a TFSA not to get one.
jenfin
Posts: 52
Joined: Sat Mar 12, 2011 5:18 pm
Location: Canada

TFSA

Post by jenfin »

Thank you all. I too have kept my TFSA since I opened it before I knew better. I caught up my 3520s & 3520As. For the one that was past due (catchup) I did get one of the threatening letters but I responded and never heard more. I think I will keep mine open since I figure it is as easy as closing it down. ...what I was toying with was whether to make a contribution this year....but have decided no harm since I already have to file. If I didn't have one I too likely would not have opened one.
MGeorge
Posts: 313
Joined: Fri Jun 22, 2012 9:23 am
Location: Canada

Post by MGeorge »

Hi Jenfin,
If you don't mind me asking, when did you receive a threatening letter from the IRS?
I did my "catch up" in July 2012 for a TFSA that was opened in March of 2010 (ie. 2 3520s/3520As were late). I haven't heard anything yet but I have a feeling it might take more time.
abelc61
Posts: 5
Joined: Thu Dec 13, 2012 4:16 pm

Post by abelc61 »

What exactly do the threatening letters say? Is the IRS objecting to the opening of the TFSA or to something else?

Thanks.
MGeorge
Posts: 313
Joined: Fri Jun 22, 2012 9:23 am
Location: Canada

Post by MGeorge »

A few other folks on this forum received letters saying that a civil penalty has been proposed for not reporting a foreign trust in a timely manner.
Other letters had to do with errors filling out the form - some of these letters were sent in error.

The only "threatening" theme was the proposing of penalties, even a statement of account with a penalty owing.
primo
Posts: 93
Joined: Mon Jan 23, 2012 11:51 pm

Post by primo »

MGeorge, I received my erroneous error letter about 8 weeks after I mailed in my 3520/3520A. The letter saying that penalties were being considered unless I could explain why my forms were late, arrived about another 8 weeks after that. The letter saying that no penalties would be assessed, arrived about a month after I sent in my explanation. I sent mine in at the end of January and it was all resolved by July. Sounds like you may be in the clear!
MGeorge
Posts: 313
Joined: Fri Jun 22, 2012 9:23 am
Location: Canada

Post by MGeorge »

That's good to hear! I'll keep my fingers crossed. Thanks for letting me know.
eubankjd
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Joined: Sat Feb 09, 2013 2:46 pm

Post by eubankjd »

I've always reported the TFSA income on my US return just like other interest income on "normal" CAD savings vehicles. Am I supposed to be reporting it differently?
nelsona
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Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona »

yes, it is a trust, requiring 3520. If it is also a mutual fund then you have PFIC reporting.
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
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