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Hi David,
 
I am a Green Card holder living in Canada and paying world income tax to both the US and Canada. My question is regarding the US/Canada tax treaty.
 
I earn US self employement income (schedule C) and pay my taxes to the US first. Does the treaty allow me to deduct the US taxes I pay from both Canadian Federal and Provincial taxes due. Or, can I only deduct US taxes paid from Provincial taxes due if my income is employment rather than self employment income.
 
I've been unclear on this for awhile. Thanks,
 
JXXXXXXXX 
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david ingram replies
 
1.    If you are living in Canada and the self-employment work is in Canada, you would pay tax on this income to Canada only up to about $120,000 Canadian of earnings.. After that you would claim a foreign tax credit on the next $60,000 or so Canadian and the end result would be no tax on earnings in Canada up to about $180,000 Canadian. You would not pay US Social Security.
 
2.    If your self-employed income was earned in the US and you lived in Canada as your question seems to imply, you would pay tax to the US first but not pay US Social Security because you are a resident of Canada and have to pay CPP first.
 
In this case, you would be taxed on the income in the US first and claim and likely receive a 100% credit for the tax paid to the US on your Canadian return.
 
I think though that you are likely living in Canada and receiving money from the US for services performed in Canada.  In this case, the money is considered earned in Canada and situation "1" above applies.  Taxation does not matter where you are paid from, it depends upon where you perform the services.
 
Goto www.centa.com and look at the first page of the Nov 2001 newsletter.  This page tells you who has to pay tax to the US (if you are a Canadian) and the rest of the newsletter tells you how to make your CANADIAN mortgage tax deductible.
 
 
david ingram - www.centa.com
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