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New U.S. Tax Laws Hit Canadian Citizens AGAIN - Double Taxation?

Blog posted on by Evelyn Ackah in Cross Border Business, Crossing Borders Seamlessly and Cross-Border Business and U.S. Immigration

New U.S. Tax Laws Hit Canadian Citizens AGAIN - Double Taxation?

Proposed tax regulations by U.S. Treasury Department may violate a Canada-U.S. tax treaty that is supposed to prevent double taxation, say experts. In December 2017 President Trump signed a sweeping retroactive tax reform bill into law which included the Transition Tax, also known as the Repatriation Tax. According to a new report by the CBC, "Many Canadian residents with U.S. or dual citizenship — particularly those who have used their small corporations to save for their retirements — are facing tax bills amounting to hundreds of thousands of dollars on all of the retained earnings in their corporations going back to 1986. Some bills run into the millions."

Kevyn Nightingale, a partner with the accounting firm MNP, told CBC that many of his clients are going to have to take twice as much out of their Canadian corporations than they had planned on to avoid the transition tax.

"For the government of Canada, it's great ... It's actually going to bump Canadian federal and provincial revenues."

- Kevyn Nightingale

Many Canadians affected by the Transition Tax were going to use a U.S. tax deduction reduce their tax bills, but the new tax regulations proposed last week in a guidance document from Treasury and the IRS only allows a portion of that deduction.

Immigration and Tax Solutions for Canadians Traveling to the U.S. on Business

Are you looking for solutions to your cross-border tax issues?

Cross-Border Business Immigration Law and Tax Solutions for Canadians Working in the U.S.

Evelyn Ackah, Founder and Managing Lawyer at Ackah Business Immigration Law, and Laura L. McLeman, CPA CA, founding partner of Citizen Abroad Tax Advisors, recently conducted a webinar on Cross-Border Business Immigration Law and Tax Solutions for Canadians Working in the U.S.

WATCH: A replay of that webinar is available here.

Does Your Business Need HR and Leadership Training on Cross-Border Business and Tax Issues?

Benefits of HR and Leadership Training on Cross-Border Business Issues

  • Create awareness of the rules for business leaders and HR
  • Allows business to address the issue and make informed business decisions regarding risk vs actual cost
  • Increases the compliance of employees who are taxable
  • Informing employees of their responsibility
  • Puts the risks on employee and reduces the employer’s risk if employees ignore and attempt to push the consequences to management
  • Protects Employer from significant tax, interest and/or penalties
  • Address the issue instead of ignoring the issue


Evelyn Ackah

Founder/Managing Lawyer

Ms. Ackah is passionate about immigration law because it focuses on people and relationships, which are at the core of her personal values. Starting her legal career as a corporate/commercial ...

More About Evelyn Ackah

Episode 16 Taxes for Expats: CrossBorder Canadians and Americans

The close proximity of Canada and the United States offers business immigration opportunities for citizens of both countries - and can result in cross-border tax issues for expats: ...

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United States Suspends New Work Visas Through 2020

Evelyn Ackah on June 24 On June 22, United States President Trump signed an executive order to suspend new work visas through the end of the year. The new visa restrictions go into ...

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How Can an American Open a Business or Branch in Canada?

Business Immigration and Cross Border Business are rapidly evolving as the needs of individuals and companies change due to new laws, health concerns, the economy and the ease of ...

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Episode 14: Immigration and Tax Solutions for Canadians On Business Travel to the United States

Today's podcast is a live webinar presented by Evelyn Ackah, Immigration Lawyer, and Laura McLeman, CPA, CA, CPA (Illinois), of Citizen Abroad Tax Advisors. Cross Border Business: ...

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Cross Border Business Income Tax Issues Raised by COVID

On May 19, 2020, Canada Revenue Agency (CRA) released guidance on international income tax issues raised by the COVID-19 crisis and travel restrictions. The exemptions and exceptions ...

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What Is Essential Travel?

“What we are seeing at Ackah Business Immigration Law is that the rules regarding essential workers are not being applied consistently – as sometimes people are admitted at ports ...

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Six years later and he’s got it! Thank you very much for your help. I’m just organizing flights for the family to arrive. We’re targeting them to arrive at Christmas. Many thanks for making such a life changing impact on a family of 4. They are very thankful for your persistence and help.

- Phoebe F.

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