The US-Canada border is the most-crossed in the world, and the tax relationship between the two countries is correspondingly complex. Canadian snowbirds spending winters in Florida or Arizona risk triggering US tax residency. Canadians who become US residents face complex treatment of their RRSPs, TFSAs, and other Canadian accounts. Americans living in Canada face Canadian departure tax on exit. The 1980 US-Canada Treaty provides relief - but only if the right elections and filings are made on time.
A Canadian citizen spending extended time in the US triggers the substantial presence test (SPT) under IRC §7701(b)(3). The SPT counts all days in the current year plus 1/3 of days in the prior year plus 1/6 of days two years prior. If the total reaches 183 or more, the individual is a US tax resident for the current year - subject to US tax on worldwide income.
A Canadian who spends 4 months (120 days) in the US each year for 3 years: Year 3 count = 120 + (120 x 1/3) + (120 x 1/6) = 120 + 40 + 20 = 180 days - just under the 183-day threshold. Spending even a few extra days tips the count over. Many snowbirds do not track this carefully and inadvertently become US residents. Once the SPT is triggered, the individual must file a US return reporting worldwide income - including Canadian pension, RRSP withdrawals, and rental income.
A Canadian who meets the SPT can still avoid US residency by qualifying for the closer connection exception under IRC §7701(b)(3)(B). The individual must: (a) be present in the US fewer than 183 days in the current year, (b) have a tax home in a foreign country, and (c) have a closer connection to that foreign country than to the US. The exception is claimed on Form 8840 (Closer Connection Exception Statement for Aliens), filed with the return or by June 15 if no return is required.
Factors establishing closer connection to Canada include: Canadian provincial driver's license, Canadian bank accounts as primary accounts, Canadian professional and social memberships, Canadian family home as primary residence, filing Canadian T1 returns, and voting in Canadian elections. The Form 8840 analysis is fact-specific - the IRS evaluates the totality of connections rather than any single factor.
If a Canadian is a resident of both Canada (under Canadian domestic law) and the US (under the SPT), Article IV of the 1980 US-Canada Treaty provides a tiebreaker sequence to determine which country has the primary right to tax as a resident. The tiebreaker is sequential - the first criterion that produces a definitive result controls.
| Step | Criterion | Result |
|---|---|---|
| 1 | Permanent home - where does the individual have a permanent place of abode available? | Resident of country where permanent home is located; if both, go to step 2 |
| 2 | Center of vital interests - where are personal and economic relations closer? | Resident of country with closer vital interests; if indeterminate, go to step 3 |
| 3 | Habitual abode - where does the individual habitually reside? | Resident of country of habitual abode; if both or neither, go to step 4 |
| 4 | Citizenship - which country is the individual a citizen of? | Resident of country of citizenship; if both or neither, competent authority determination |
Claiming the treaty tiebreaker requires filing Form 8833 (Treaty-Based Return Position Disclosure) with the US return. Failure to file Form 8833 when required carries a $1,000 penalty per failure under IRC §6712. The tiebreaker election changes the individual from a full US resident to a "dual-status" taxpayer or a nonresident alien for US purposes - significantly reducing US tax exposure but also affecting eligibility for certain US deductions and credits.
The Registered Retirement Savings Plan (RRSP) and its drawdown vehicle (RRIF) are the primary Canadian retirement accounts. For US persons holding these accounts, the tax treatment is governed by Article XVIII(7) of the US-Canada Treaty - and requires a one-time election to defer US taxation until distributions are actually made.
Without the treaty election, a US person holding an RRSP must include the annual income accruing inside the RRSP as gross income each year - even though no distribution was made. This eliminates the tax-deferred nature of the account entirely. Article XVIII(7) of the US-Canada Treaty allows the US person to elect to defer US tax on RRSP/RRIF income until distributions are received - matching the Canadian treatment. The election is made annually on Form 8891 (now discontinued - the election is now made on Form 8833 with an attached statement) and must be made for each year.
When RRSP/RRIF distributions are received by a US resident, they are generally taxable as ordinary income to the extent they exceed the individual's basis in the plan (contributions made with after-tax money that were not deducted on a Canadian return). Canada withholds 15% (for periodic payments) or 25% (for lump sums) at source under the treaty. The US taxes the full distribution and allows a foreign tax credit for the Canadian withholding, generally eliminating double taxation.
The Tax-Free Savings Account (TFSA) is not covered by the treaty and receives no deferral for US purposes. Income earned inside a TFSA is taxable to a US person each year as it accrues - and the TFSA may constitute a foreign trust requiring Forms 3520 and 3520-A. The TFSA is one of the most problematic Canadian accounts for US persons and is generally best avoided by dual-status individuals or Canadians considering US residency.
When a Canadian resident ceases to be a Canadian tax resident, Canada imposes a "departure tax" under ITA §128.1 - a deemed disposition of virtually all assets at fair market value on the date of departure. The individual is treated as having sold all worldwide assets (with certain exceptions) and must report and pay Canadian capital gains tax on the deemed proceeds.
Key exceptions to the deemed disposition: Canadian real property (taxed when actually sold under ITA §116), RRSPs and RRIFs (taxed only on actual distributions), and Canadian business property. The departure tax can be deferred by posting adequate security with the CRA for taxes owed on the deemed disposition.
Canada Pension Plan (CPP) and Old Age Security (OAS) payments received by US residents are taxable in the US under Article XVIII(5) of the treaty. Canada may withhold 15% (CPP/QPP) or 25% (OAS for high-income recipients subject to OAS clawback) at source. The US resident reports the gross pension amount and claims a foreign tax credit for Canadian withholding.
Quebec Pension Plan (QPP) payments are treated the same as CPP. Provincial pension supplements (such as the Guaranteed Income Supplement) are generally exempt from tax in both countries for low-income recipients under the treaty's social security provisions.
US persons with Canadian financial accounts must report those accounts on FinCEN 114 (FBAR) if the aggregate value exceeds $10,000 at any point during the year. Form 8938 (FATCA) applies at higher thresholds. Canadian RRSPs, RRIFs, and bank accounts all count toward these thresholds.
The TFSA presents a particular compliance challenge: it may require both FBAR/Form 8938 reporting and Forms 3520/3520-A as a foreign grantor trust. The IRS has not issued definitive guidance on TFSA classification, but several practitioners and the CRA have confirmed that the IRS treats TFSAs as foreign trusts for most compliance purposes.