Distribution of Canadian Partnership holding US Real Estate

This is our main tax information forum which deals with topics concerning Canadians living and working in the U.S., U.S. citizens contemplating working in Canada, and all aspects of Canadian and U.S. income tax and related adminstrative issues.

Moderator: Mark T Serbinski CA CPA

Post Reply
kenrousselle
Posts: 8
Joined: Tue Jul 26, 2016 8:40 am

Distribution of Canadian Partnership holding US Real Estate

Post by kenrousselle »

I have a client who owners a small %'age of a Canadian LP that recently sold a US property. They received a T5013 with capital gains of $80,000, a negative rental loss of $6,500 and US taxes paid of $27,000.

I assume by the amounts that the Canadian LP didn't file for relief of withholding taxes paid in the US.

Based on the clients income, they can't recover all of the taxes paid in the US on their Canadian Return.

Can they file a US return to recover taxes paid in Arizona even though they haven't received a US tax slip (1099 I believe) or is it now considered a gift because the partnership didn't file a W8 BEN form requesting relieve?
Post Reply