How to transfer large US inheritance to Canada?

09 January 22
Cross Border Tax

Question

Hi Phil, found you on youtube of all places.

Sometime next year I’m going to be receiving a fairly large portfolio inheritance from my late mother in the US. Her lawyer and accountant are going to be working through the last of the estate work and I should be receiving my half of the inheritance in 2022.

The estate is made up of my mother’s house, which we’re currently trying to sell and a large portfolio of stocks.

The lawyer is asking us (my brother and I) if we want the investments or to liquidate the accounts completely before they are distributed to us.

I would like to get your advice on this as I don’t want to run into any tax or penalty issues. Also note that I am a US citizen and am currently all caught up on my tax return, both Canadian and US.

I look forward to your response.

Sincerely

XXXXXX

Answer

XXXXXX

Thanks for the email.

Yes, you’ll certainly want to plan for receiving the inheritance. We should speak about these issues in more depth on a call, however I have few general comments outlined below that may help:

  • As a beneficiary you’ll likely need to report some of the income that will be allocated out of the estate to you personally. You won’t know what this income is however it will likely be reported on a US K1 form. These forms can be tricky to convert properly to Canadian as some of the income, especially capital gains will not retain their character.
  • Also note that you’ll need to file form T1142 to report any capital or income distribution from the US estate to you in Canada. It’s important that this form is filed on time as the penalty for late filing this form is $25 a day to a max of $2,500. As you can imagine, most people who miss this form miss it to a maximum of 100 days.
  • All things being equal it often makes sense to take the inheritance in cash rather than transferring investments in kind. However if you do want to keep any of the investments you’ll need to ensure to properly track your new cost basis per each investment. Depending on when the assets are transferred to your new cost basis will be the FMV at the time of your mother’s death. You’ll also need this tracking to properly report investments on your T1135 filings for Canadian purposes. Note that if the investments are not moved to Canada you’ll need to complete the complex version of the form. Hence the reason why I tend to suggest moving US investments to Canada. When moved to Canada the simplified version of the T1135 will be available to you.
  • Also, considering all the assets are in USD you’ll want to be strategic in how you convert the amounts eventually to Canadian. For example, using a traditional bank to convert the USD to CAD would be very inefficient as the banks still charge a significant spread.
  • I’ve only really touched on the Canadian cross-border implications as other professionals are handling the tax issues in the US. However you’ll want to ensure any non-resident withholdings are properly made to any non-US beneficiaries.

I hope the information above helps a little and please let me know if you would like to setup a paid cross-border consult.

Cheers

Phil

 

 

 

 

 

Phil Hogan, CPA, CA, CPA (Colorado)

Phil Hogan is a Canadian and US CPA working with clients throughout Canada and the US. Phil advises on cross border tax and financial planning matters. Phil can be reached at phil@beaconhillwm.ca or via telephone at 250-661-9417. You can also read more about Phil at www.Beaconhillwm.ca/team/about-phil/

This commentary reflects the personal opinions, viewpoints and analyses of the Beacon Hill Wealth Management Ltd. partner providing such comments, and should not be regarded as a description of advisory services provided by Beacon Hill Wealth Management Ltd. or performance returns of any Beacon Hill Wealth Management Ltd. client. The views reflected in the commentary are subject to change at any time without notice. Nothing in this commentary constitutes investment advice, performance data or any recommendation that any particular security, portfolio of securities, transaction or investment strategy is suitable for any specific person. Any mention of a particular security and related performance data is not a recommendation to buy or sell that security. Beacon Hill Wealth Management Ltd. manages its clients’ accounts using a variety of investment techniques and strategies, which are not necessarily discussed in the commentary. Investments in securities involve the risk of loss. Past performance is no guarantee of future results. Any discussion about taxation is for educational purposes only and should not be viewed as professional advice. Consult your tax professional for tax advice on your particular situation.

4 comments

Leave a comment

Your email address will not be published. Required fields are marked *