tax liability for/reporting of Canadian accounts

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zilla
Posts: 3
Joined: Tue Apr 01, 2014 5:21 pm

tax liability for/reporting of Canadian accounts

Post by zilla »

Hello

I am a first-time US tax filer (arrived Jan 2013, California resident). I have some questions about tax liability for and reporting of my Canadian accounts.

My parents made me joint owner (years ago) of one of their savings and one of their investment accounts (which contains GICs). In Canada I have never had tax liability for these accounts because in Canada as per the instructions for line 121 of the TI regarding joint accounts "interest income is to be reported in the same proportions as the original contribution to the investment" and I have contributed zero. My parents receive the T5 and pay tax on all of the interest. The section on interest income in IRS publication 17 states "If two or more persons hold property (such as a savings account or bond) as joint tenants, tenants by the entirety, or tenants in common, each person's share of any interest from the property is determined by local law." My understanding from this is that Canadian regulations apply and I have no US tax liability for interest generated from these accounts. Is this correct?
I do realize regardless of tax liability I must declare these accounts on form 8938 and FBAR. I am also curious as to whether declaring an account valued ~100K on 8938 and checking the "No tax item reported" box is going to increase my chances of an audit, but it's not like I have a choice.

I also have two RRSPs. I realize I must complete a form 8891 for each RRSP (requesting tax deferral), indicate on 8938 that I have completed the 8891s, and include them on FBAR. It is my understanding that I do not report dividends accumulated within but not distributed from the RRSP as income on my 1040 (due to deferral) but I do report such dividends on my California state tax, which does not allow deferral, is this correct?

What I am totally confused about is what to do about 1040 Schedule B line 8 and form 3520. My understanding is that RRSPs are categorized as a foreign trust. During 2013 I received no distributions out of my RRSPs, and did not transfer/deposit any funds into the RRSPs. I don't understand what "grantor' of a foreign trust is; do I need to indicate yes or no on schedule B line 8? If "yes" do I need to file form 3520 (I haven't even looked at this one yet) or is including the 8891s sufficient?

Sorry to have included so much info in one post. I would appreciate any help anyone can provide. I've never missed Canada as much as I have during the past week trying to sort this all out.
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