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Ultra-Sharp Agent Skills — a research-first skill-authoring system + 72 production-ready skills for AI agents.

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# Reference — US-Canada Cross-Border Personal Taxation

Figures are tax year 2026 — verify at irs.gov / canada.ca before use. Treaty = Canada-US Income Tax Convention.

# Contents

  • Residency tests in detail
  • Treaty tie-breaker
  • Filing matrix by profile
  • Foreign tax credit mechanics
  • US information-reporting table
  • Canadian reporting and departure rules
  • Registered accounts matrix
  • Worked mini-examples
  • Gotchas

# Residency tests in detail

US substantial presence test: resident if current-year days ≥ 31 AND (current days + ⅓ × prior-year days + ⅙ × second-prior days) ≥ 183. Days present for a medical condition arising in the US, commuting days, and certain exempt statuses (F/J students within limits) don't count — check the exceptions before concluding.

Closer connection exception (Form 8840): available only if current-year days < 183, a tax home in Canada exists, and a closer connection to Canada is shown. Must be filed timely each year — it is not automatic.

Canadian residency: no day-count statute for ordinary residency; primary ties (dwelling available, spouse, dependants) dominate; secondary ties (bank accounts, provincial health, driver's licence, memberships) accumulate. A person with a home and family in Canada is resident almost regardless of travel. Sojourner rule: 183+ days physically in Canada in a year → deemed resident (before treaty).

# Treaty tie-breaker (Article IV) — strict order, stop at first decisive step

  1. Permanent home available in only one country → resident there.
  2. Both/neither → centre of vital interests (personal + economic relations).
  3. Unclear → habitual abode.
  4. Both/neither → citizenship.
  5. Both/neither → competent-authority agreement.

A treaty tie-break to Canada does not remove US citizen filing obligations — citizenship-based taxation survives the tie-breaker (saving clause).

# Filing matrix by profile

Profile US filings Canadian filings
US citizen living in Canada 1040 worldwide + FBAR/8938 (+ 3520s if TFSA/RESP) T1 worldwide
Canadian working in US (resident by SPT, no US citizenship) 1040 worldwide Departure-year T1 or non-resident T1 for Canadian-source income
Canadian with US rental/investment income only 1040-NR (US-source) T1 worldwide + FTC for US tax
Snowbird under thresholds Form 8840 only (no 1040) T1 worldwide
Cross-border commuter (lives CA, works US) 1040-NR on US wages T1 worldwide + FTC

# Foreign tax credit mechanics

  • Claim the credit in the residence country for tax paid to the source country; prepare the source return first.
  • US side: Form 1116 per category (general, passive); credit limited to US tax on that foreign income; excess carries back 1 / forward 10 years.
  • Canadian side: federal + provincial foreign tax credit, computed per country; limited to Canadian tax on that income.
  • Social security taxes are handled by the Totalization Agreement (pay into one system, not both) — not by FTC.

# US information-reporting table

Form Trigger Where/when Penalty exposure
FBAR (FinCEN 114) Aggregate non-US accounts > $10,000 any time FinCEN, Apr 15 + auto Oct 15 Severe, per-account; willful much worse
Form 8938 $50k/$100k resident; $200k/$400k abroad (year-end; higher any-time thresholds) With 1040 $10,000+
Form 3520/3520-A Foreign trusts — TFSA/RESP risk Separate deadlines $10,000+ each
Form 8621 PFIC (Canadian mutual funds/ETFs) With 1040 Punitive tax regime itself
Form 8833 Treaty-based return positions With 1040 $1,000

# Canadian reporting and departure rules

  • T1135: foreign property with total cost > CAD $100,000 (excludes personal-use property and registered accounts).
  • Emigration: deemed disposition of most capital property at FMV on departure (departure tax); exceptions for Canadian real property, RRSPs; election to defer with security. Date-of-departure T1 marks residency change.
  • Immigration to Canada: cost basis steps up to FMV on arrival — document valuations on entry day.

# Registered accounts matrix

Account Canada view US view (US person)
RRSP/RRIF Deferred Treaty-deferred; report on FBAR/8938
TFSA Tax-free Fully taxable annually; likely 3520/3520-A
FHSA Deductible + tax-free No treaty protection — taxable; trust-filing risk
RESP Deferred + grants Taxable to US-person subscriber; 3520 risk
401(k)/IRA Treaty-deferred for Canadian residents Deferred

# Worked mini-examples

Example 1 — SPT arithmetic. 130 days in 2026, 120 in 2025, 90 in 2024 → 130 + 40 + 15 = 185 ≥ 183 → US resident by SPT unless Form 8840 closer connection (130 < 183 ✓) is filed.

Example 2 — FTC direction. US citizen resident in Canada earns Canadian salary. Canada taxes first (source + residence); the US 1040 reports the salary and claims Form 1116 credit for Canadian tax — usually reducing US tax to zero, but the return is still mandatory.

Example 3 — TFSA flag. Dual citizen holds a $40,000 TFSA of Canadian ETFs: US-taxable income annually + PFIC (8621) + possible 3520 — three problems in one account; refer to a cross-border professional and consider unwinding.

# Gotchas

  • The saving clause lets the US tax its citizens as if the treaty didn't exist (limited exceptions) — never tell a US citizen the tie-breaker ends their 1040 duty.
  • FBAR aggregates all accounts (chequing, TFSA, RRSP, even signing authority) — the $10,000 trigger is total, not per account.
  • Currency: US forms in USD (Treasury year-end/average rates), Canadian in CAD — convert consistently and note the rate used.
  • Provincial health-card and driver's-licence renewals are residential ties — snowbirds chasing 182 days can still be Canadian-resident (that's usually the goal) but may trip US state rules separately.
  • Streamlined/VDP eligibility can be lost once the authority contacts you first — timing of disclosure matters.