Article XVIII of the Canada U.S. Tax Treaty Continued – The question of the TFSA
It's 2022 and time to revisit the issue the US taxation of the #TFSA: "Canada U.S. Tax Treaty: Why the 5th protocol of the Canada US Tax Treaty Clarifies that the TFSA is a pension within the meaning of the Canada U.S. Tax Treaty" https://t.co/1qVKlrz0Po via @expatriationlaw
— John Richardson – lawyer for "U.S. persons" abroad (@ExpatriationLaw) March 10, 2022
In a previous post I discussed how a U.S. citizen moving to Canada with an existing ROTH will be treated under the Canada U.S. Tax treaty.
The purpose of this post is two-fold:
First, to argue that the the TFSA should be treated as a “pension” within the meaning of Article XVIII of the Canada U.S. Tax Treaty; and
Second, to argue that the 5th protocol (which clarifies that the ROTH IRA) is a pension within the meaning of the Canada U.S. Tax Treaty means that the Canadian TFSA has the same status.
This will be developed in three parts:
Part A – How the Canada U.S. Tax Treaty affects U.S. Taxation of the Canadian TFSA
Part B- Wait just a minute! I heard that the “Savings Clause” means that the treaty would not apply to U.S. citizens?
Part C – The TFSA and Information Returns: To file Form 3520 and 3520A or to not, that is the question