Mon Nov 24, 2008 11:35 am
There are various tax implications, depends on where your tax home is. If you're an LPR then you have to move your tax home to the US.
So on your inheritance in Canada you (or rather the estate) will have to pay capital gains tax and the probate fee, I don't think you can claim a foreign tax credit in the US for that as there is no CGT on estates in the US. I'm pretty sure you can't, because estate tax in the US is basically nil at the moment so there's nothing to claim a credit against.
If you invest it in a GIC, the income from that is subject to income tax in the US and as a non-resident I think it is subject to Part XIII withholding, which I think is 10% in this situation. I'm not sure if you can claim a foreign tax credit in the US for that tax. You'd need to check with someone fairly high up at that bank on that one.
If you invest it in stocks or other things like that, distributions (such as dividends) are subject to income tax, disposals will be subject to capital gains tax. IIRC, that (CGT) works out to the US rate because you are a US resident, you have to pay the Canadian rate which is higher but you get it back by making a claim with the CRA that you are non-resident, but then you have to pay US CGT on it. However that rate at the moment for small gains is 0% (Obama wants to raise it).
But it can get complicated because you have to use a trader who is registered with the SEC who can do Canadian deals.
I have to say I think your logic is flawed unless you're planning on moving back to Canada at some point, the exchange rate was historically high for awhile, I doubt the Canadian dollar is going to go up again anytime soon, it's going to be going down for awhile. It may end up slightly higher than it is at the moment but I doubt you'll see parity again or anywhere near it. Not for many years at least.
But yeah, check with a Canadian accountant with cross-border experience because obviously there are various things you can invest in and the tax works in different ways depending on what the investment is. The wrinkle that American accountants won't understand is the Part XIII withholding as that is unique to Canada.
Steve.