Q: Hello,
I have my RRSP, TFSA and non-registered accounts with Interactive Brokers Canada (IBKR). In reading a review about IBKR, I read some comments about “the possibility that holdings within a RRSP held with Interactive Brokers Canada may in fact be taxed by the US IRS in the event of death of the account holder.”
I researched this further and read that the US estate tax regime applies to US situs assets. US situs assets are property located in or having a connection to the US, including the following:
1. Real property located in the US;
2. Shares of US publicly traded companies (even if owned inside a Canadian RRSP);
3. Shares of US private companies;
4. Cash accounts with US brokerage firms;
5. Tangible personal property located in the US with some degree of permanence; and
6. Certain debts owing by a US debtor.
https://altrolaw.com/blog-cross-border-estate-planning/us-situs-asset/
The IRS website indicates “Estate tax treaties between the U.S. and other countries often provide more favorable tax treatment to nonresidents by limiting the type of asset considered situated in the U.S. and subject to U.S. estate taxation.”
https://www.irs.gov/individuals/international-taxpayers/some-nonresidents-with-us-assets-must-file-estate-tax-returns
I own US stocks and ETFs (ex. AAPL, SPY, QQQ) in my RRSP and TFSAs. I also hold US$ cash in my non-registered account. Considering that there are significant investment opportunities in the US, I am loathe to stay away from investing in the US markets.
My questions are as follows:
1. Is there an estate tax treaty with the US to prevent (double) taxation? I would assume paying the necessary taxes in Canada would absolve the estate from having to pay any further taxes in the US.
2. Would it matter if my RRSP and TFSA are held in a purely Canadian brokerage such as RBC instead of IBKR which has a presence in both US, Canada and other countries?
3. Is a TFSA considered a non-registered account in the eyes of the IRS, specifically from the point of estate taxes.
4. Any other items to consider?
I would really appreciate your views and comments as I am sure this will be of interest to a fair number of your subscribers. Please deduct as many credits as required.
Thank you
I have my RRSP, TFSA and non-registered accounts with Interactive Brokers Canada (IBKR). In reading a review about IBKR, I read some comments about “the possibility that holdings within a RRSP held with Interactive Brokers Canada may in fact be taxed by the US IRS in the event of death of the account holder.”
I researched this further and read that the US estate tax regime applies to US situs assets. US situs assets are property located in or having a connection to the US, including the following:
1. Real property located in the US;
2. Shares of US publicly traded companies (even if owned inside a Canadian RRSP);
3. Shares of US private companies;
4. Cash accounts with US brokerage firms;
5. Tangible personal property located in the US with some degree of permanence; and
6. Certain debts owing by a US debtor.
https://altrolaw.com/blog-cross-border-estate-planning/us-situs-asset/
The IRS website indicates “Estate tax treaties between the U.S. and other countries often provide more favorable tax treatment to nonresidents by limiting the type of asset considered situated in the U.S. and subject to U.S. estate taxation.”
https://www.irs.gov/individuals/international-taxpayers/some-nonresidents-with-us-assets-must-file-estate-tax-returns
I own US stocks and ETFs (ex. AAPL, SPY, QQQ) in my RRSP and TFSAs. I also hold US$ cash in my non-registered account. Considering that there are significant investment opportunities in the US, I am loathe to stay away from investing in the US markets.
My questions are as follows:
1. Is there an estate tax treaty with the US to prevent (double) taxation? I would assume paying the necessary taxes in Canada would absolve the estate from having to pay any further taxes in the US.
2. Would it matter if my RRSP and TFSA are held in a purely Canadian brokerage such as RBC instead of IBKR which has a presence in both US, Canada and other countries?
3. Is a TFSA considered a non-registered account in the eyes of the IRS, specifically from the point of estate taxes.
4. Any other items to consider?
I would really appreciate your views and comments as I am sure this will be of interest to a fair number of your subscribers. Please deduct as many credits as required.
Thank you