US-Can Tax Treaty: Government Services

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

Mark T Serbinski CA CPA
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Post by Mark T Serbinski CA CPA »

Note: The IRS code contains provisions which will exempt you from penalties if you rely on incorrect information provided by an IRS agent. Keep the exchange you had with IRS in the event of any future trouble, since it is clearly flawed, and can later be used to avoid penalties which may be imposed.
Mark
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Post by blitzloper »

Hello again Nelsona,

I have a 2010 update / question to this topic. In relation to my government service, I received compensation for travel expenses (eg. flights home for leave).

Do you think this would be included in the treaty exclusion? Should I include it in my treaty-based declaration?

"Remuneration, other than a pension, paid by a Contracting State or a political subdivision or local authority thereof to a citizen of that State in respect of services rendered in the discharge of functions of a governmental nature shall be taxable only in that State."

(As a reminder, I'm a Canadian Citizen, Canadian Resident, working for the Canadian Government. Also a US Citizen so I file US taxes.)

Thanks.
blitzloper
Posts: 18
Joined: Sun Mar 29, 2009 11:21 am

Post by blitzloper »

I think I've answered my own question on this one...

Insofar as reimbursement for travel expenses would be considered a 'Fringe Benefit' by the IRS (http://www.irs.gov/pub/irs-tege/fringe_benefit_fslg.pdf), it would/should normally be included in a W2 with wages.

As this amount would be included in 'government service' remuneration, I will include the amount of fringe benefits in my treaty declaration and exclude it from Line 7 of my 1040.
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