Income splitting - Returining to Canada from the US

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

Income splitting - Returining to Canada from the US

Post by bandana »

My wife and I returned to Canada recently having spent some time in the US. During that time we were US residents for tax purposes, and filed a joint return. Now that we have re-established Canadian tax residency, could we consider our existing assets as effectively equally "split" between the two of us?
nelsona
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Post by nelsona »

For what purpose? CRA takes the position that income arising from joint accounts is attributible in proportion to what each supplied /funded to the account by; when it was funded would not matter.

As to income "given" to your spouse's separate accounts, as long as it was given before returning to canada, the income arising from it can be considered theirs, but if it was given after, the regular attribution rules apply (ie. the generated income is yours).
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
nelsona
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Post by nelsona »

So it is unlikely that they are split 50-50.
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
rlb
Posts: 139
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Post by rlb »

As I understand it, only to the extent that both of you could reasonably be considered to have contributed equally to each asset. If you were both working and earning, this may be the case for certain assets, such as bank accounts and some jointly held investments, perhaps a hosue. I would not want to claim joint contribution to something the spouse could NOT contribute to, for example, a company 401(k) plan.
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