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Americans in Canada Facing Obamacare Surtax

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tritchie-obamacare

In this video segment, Terry Ritchie, cross-border tax and estate planning expert, discusses how a new measure in the Patient Protection and Affordable Care Act, also known as “Obamacare,” could result in a surprise for U.S. citizens living in Canada. Effective for 2013, a 3.8% surtax will be imposed on passive income such as interest, dividends, rental property, and capital gains.

As Ritchie points out, the challenge is that foreign tax credits will likely not offset the 3.8% Obamacare tax on net investment income. This means that individuals earning more than $125K and couples earning more than $250K may be taxed on passive income for the first time in 2013. Ritchie asserts that there are no clear options to avoid or minimize the surtax at the moment, so advisors are wise to make their clients aware of this measure.

CRA Beefs Up Foreign Property Disclosure Requirements

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The Canada Revenue Agency (CRA) recently announced in the 2013 budget that it’s tightening foreign reporting requirements. Starting in 2013 and in subsequent tax years, Canadian residents will be required to file Form T1135 with the CRA if they own foreign property. The move appears to align with foreign property requirements in the U.S. Although the finer points of the revision are not clear at this time, it appears Form T1135 will be revised to require taxpayers to offer more detailed information about each specified foreign property, including the name of the foreign institution or other entity that holds funds outside Canada, the specific country to which the property relates, and the foreign income generated from the property.

Budget 2013 also proposes to lengthen the CRA’s reassessment period beyond three years if: 1. The taxpayer has failed to report income from a specified foreign property on their income tax return, and 2. The form was not filed on time by the taxpayer, or a specified foreign property was not identified, or was improperly identified on the form.

The CRA will remind taxpayers of the obligation to file Form T1135 on their Notices of Assessment, if they indicated on their income tax returns that they have specified foreign property in the taxation year with a total cost of more than $100,000. Even if taxpayers don’t make money from their foreign rental property, they should still report it.

Cardinal Point Wealth Management featured in the Wall Street Journal, “A Cross-Border Retirement Without Tax Woes”

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Our own Jeff Sheldon was recently featured in a Wall Street Journal article, “A Cross-Border Retirement Without Tax Woes.” He shared the story of a couple who retired to the U.S. from Canada. While they sought sunny weather and a simpler life, when it came time to sort out their taxes and streamline their retirement investments, they were confronted with a cloudy, complicated situation. Adding to the challenge, “the wife was a Canadian citizen, the husband held dual citizenship in Canada and the U.S., and the couple owned retirement plans, property and other assets on both sides of the border.”

What to do? After other advisors told the couple to liquidate their Canadian retirement accounts and transfer those assets to U.S. accounts, the couple turned to the cross-border expertise of Cardinal Point. Jeff was concerned that such a move would subject those assets to double taxation, first as a withholding tax in Canada and then again as taxed income in the U.S. Fortunately, he came up with a solution that enabled the couple to avoid being taxed twice while still receiving funds from their tax-deferred Canadian retirement accounts.

Then Jeff identified a significant issue with their estate plan. “[T]he husband’s estate was considerably larger than his wife’s. That ordinarily wouldn’t be an issue, but the wife isn’t a U.S. citizen and isn’t eligible for the unlimited marital exemption.” As a result, the wife would owe estate taxes on what she inherited from her husband. To prevent this, Jeff employed two strategies to help ensure she wouldn’t owe estate taxes on that money.

As with many cross-border moves, there were no “one size fits all” solutions to fit the couple’s complex financial, tax and estate planning needs. It wasn’t a quick fix, but our tailored advice helped the couple worry less about their retirement and enjoy more Florida sunsets.

Why Should Every Investor Request an Investment Policy Statement?

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John McCord discusses the importance of defining financial goals and responsibilities in his piece discussing Investment Policy Statements (IPS). While not a financial plan, an IPS is a critical component of a holistic financial plan that takes into consideration insurance, estate, and retirement planning. Critical in any client-financial advisor relationship is a mutual understanding that reflects the client’s financial planning situation. An IPS assists in this mission and details and defines a client’s needs, goals, investment knowledge, net worth, time horizon, and risk tolerance. With an IPS document, clients have a more clear understanding of a financial advisor’s investment philosophy and reference point to adjust when a change in personal financial situation occurs. Cardinal Point wealth Management works with clients to ensure a customized cross-border financial planning strategy and to develop Investment Policy Statements that reflect the unique situation of each client.

Why Is It Important For Canadian Expats To Disclose Foreign Based Accounts to the IRS?

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John McCord’s article focuses on the IRS (US Internal Revenue Service) policy that taxes the worldwide income of US residents. Many US residents are unaware of this policy and the law that requires the disclosure of the majority of foreign accounts, as they are subject to US taxation. Disclosure rules also apply to Registered Retirement Savings Plans, pensions and bank accounts. In order to enforce these policies the IRS is aggressively pursuing civil and criminal penalties for noncompliance and maintains close communication with the CRA (Canadian Revenue Agency), references the FBAR (Report of Foreign Bank and Financial Accounts) and, beginning in 2013, will enforce the FATCA (Foreign Account Tax Compliance Act) in order to do so. FATCA will focus on the compliance of foreign-based accounts and increase communication with foreign financial institutions in order to identify US residents who do not report their foreign-based accounts. For both Canadian Expats and US residents with foreign accounts, McCord stresses it is critical to consult with a cross-border financial advisor in order to ensure compliance and identify the right solution that may include tax, legal and investment professionals depending on your personal situation.