Treaty position on dividends

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bandana
Posts: 16
Joined: Sat Jun 25, 2011 9:41 pm

Treaty position on dividends

Post by bandana »

I am working through my US tax forms that I am filing as a resident for tax purposes for the first time, My issue is that I have dividend income from Canadian REITs from which my broker has correctly withheld 15%. I know I can take a foreign tax credit via form 1116.

1) How do I now take the treaty position to ensure that the qualified dividends indicated in 1099-DIV (almost all from Canadian REITs) are taxed only at 15% and not at higher rates?

2) If I take a treaty position on dividends, what numbers do I enter in form 1040 and/or schedule B?

In sum, I am stumped over how to fill out form 1040 etc. so as to ensure that my Canadian source dividends are only taxed at the treaty rate.

Thanks all.
nelsona
Posts: 18359
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona »

1) US residents don't get a special treaty rate for US taxes. They get a special rate for Cdn taxes, which you did: 15%.
2) You don't have atreaty position. You enter the income on 1040 schedule B, and it will go over to 1040. You can take credit for the 15% that was paid to Canada on 1116. That's it.

Only US tax filers living in Canada get a special treaty break -- if they need it -- on their 1040.
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
bandana
Posts: 16
Joined: Sat Jun 25, 2011 9:41 pm

Post by bandana »

Thank you, Nelsona.
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