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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 ...

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