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Treaty Tie-Breaker Rules

When you qualify as a tax resident of both Canada and the US, Article IV of the Canada-US Tax Treaty provides a tie-breaker hierarchy to determine your treaty residence. The rules consider permanent home, centre of vital interests, habitual abode, and nationality in sequence.

Key Points

  • The tie-breaker hierarchy: permanent home, centre of vital interests, habitual abode, then nationality.
  • Claiming treaty tie-breaker status requires filing Form 8833 with your US return.
  • The Savings Clause (Article XXIX) limits treaty benefits for US citizens and green card holders.
  • Treaty residence affects sourcing of income, withholding rates, and eligibility for certain deductions.

Action Items

  1. 1.Determine if you are a dual resident under both countries' domestic law.
  2. 2.Apply the tie-breaker hierarchy to establish your treaty residence country.
  3. 3.File Form 8833 disclosing your treaty-based position with your US tax return.
  4. 4.Maintain documentation supporting your permanent home and centre of vital interests.
  5. 5.Consult a cross-border tax professional, as the Savings Clause creates significant exceptions.

Frequently Asked Questions

Does the treaty tie-breaker eliminate all US filing obligations?

No. Even if you claim Canadian treaty residence, you may still need to file a US return (Form 1040-NR) and report US-source income. FBAR obligations also remain.

Can a US citizen use the treaty tie-breaker?

The Savings Clause generally prevents US citizens from using the tie-breaker. There are narrow exceptions under paragraph 2 of Article XXIX.

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