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@Terry53029 wrote:
from the US Canada tax treaty:
"Pensions, Annuities, Social Security, and Alimony
Under Article XVIII, pensions and annuities from Canadian sources paid to U.S. residents are subject to tax by Canada, but the tax is limited to 15% of the gross amount (if a periodic pension payment) or of the taxable amount (if an annuity). Canadian pensions and annuities paid to U.S. residents may be taxed by the United States, but the amount of any pension included in income for U.S. tax purposes may not be more than the amount that would be included in income in Canada if the recipient were a Canadian resident." here is the link: https://www.irs.gov/publications/p597
I would put the taxable amount under other income
NR4 could be for all sorts of payments made to nonresidents. US tax treatment will depend on whether what type of income it is (e.g. private pension, government pension, social security, etc.) and whether the taxpayer was a resident of Canada at the time of payment. Foreign pensions are generally subject to tax for US tax purposes as annuities. You will need to establish the type of pension it is and, therefore, how basis should be determined; this is especially important because there had been a lot of confusion on the proper US tax reporting position on Canadian RRSP/RRIF until 2014.
@Tripod101 You may also like to refer to another thread for other related considerations. You should also be very careful in how you read the US-Canada DTA because there are multiple protocols that modified the various articles and clauses. Under certain circumstances, relief for double taxation under the treaty will require resourcing of income on F.1116.
Still an AllStar
