US Social Security for a Canadian -

 On Behalf Of US / Canada Income Tax Help - CEN-TAPEDE
Sent: Sunday, February 03, 2008 2:20 AM
To: CENTAPEDE; jurock
Subject: US CANADA Social Security - WEP clawback if less than 30 years - international non-resident cross border income tax help estate family trust assistance expert preparation & immigration consultant david ingram, income trusts experts on rentals mutual funds

Since the US social Security Administration and 5 or 6 Presidential candidates don't really know what is happening with social security, next year, it would presumptuous of me to guess what s going to happen 30 years from now.

However, if you were retiring today with thirty years of contributions to the Social Security system, you would receive 30/40 of the maximum pension you had qualified for because you have to contibute for 40 yers to get a full pension. 

If you moved to Canada, there would not be any reduction but Canada always taxes 85% of it whereas at incomes of under $35,000 for a couple and $25,000 for a single person, the US does not tax any social seurity benefits. Above that there is a floating scale until the US also taxes 85% o fthe amount received.

HISTORY

Now in 1995, Canada only taxed 50% of Social Security, in 1996 and 1997, Canada did not tax social security, and from 1998 on, Canada is taxing 85%. 

I do not have a clue what it will be in 2038.

Now the 85% rule does not mean that Canada will take 85% as tax.

In today's dollars, if your gross income was under $35,000 and $10,000 of that was social security, only $8,500 would be taxable and the tax would be a maximum of about 24% (depending upon the province) or $2,040.  In addition, you can claim a $2,000 pension income deduction amount which would reduce your tax by a further 24% of 2,000 or $480 making a net Canadian tax to you on $10,000  of  ($2040 - $480) $1,560, a far cry from the 50% you suggest in your question. Even if your Caandian income was $50,000 each, you would only b paying about $2,500 tax on the $10,000 Social Security.

Now that was easy because your question said 30 years.   If you pay in to FICA (Use Social Security) for less than 30 years, there is a bit of a clawback under WEP (the Windfall Elimination Provision).  This has nothing to do with Canada per se. It would apply to a US citizen school teacher who worked for 20 years in Florida and moved to Oklahoma for another 25 years.  Because one of those states has its own Pension fund and its teacher employees pay into the state plan instead of Social Security, just as people who work in Canada pay into  Canada Pension Plan instead of  FICA.

The assumption is that the other pension makes up for the clawback under WEP but that is just not true.  However, there is a move to cancel the WEP and hopefully it will not apply next year let alone 30 years from now.

Note that WEP does not apply if you only paid in for 25 years because that is all you worked.  WEP only applies if you paid into another system and not into FICA for 30 years or more.

This older q & a will give you some more infromation and a look at the US/Canada Social Security Totalization Agreement.  Article XVIII of the US Caanda Income Tax Treaty also applies.

QUESTION:

I am a Canadian citizen who left Canada to work in the USA for 5 years. I have since retuned to Canada where I plan to stay. I was wondering if the money I paid into Social Security while in the states is lost or is there a way to transfer the money back to Canada??
 

QUESTION:

Hi David,

I have been working in USA for last 10 years under TN visa and have been paying FICA etc in US but have not filed return to Canada until 2006.

Can I benefit from all the FICA payments later or should I find a way/if there is any way to transfer it to Canadian retirement?

Thanks

QUESTION: My apologies if this questions have asked many times before.I could not find right and easy answer for this.

I am a Canadian citizen working in USA under TN visa for last 2 yrs. I wonder what will happen for social security tax i pay in USA.Does it goes to Canadian social security.Is it possible to get refund ?

Thanks in advance.
 

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david ingram replies;

The US Canada Social Security Totalization Agreement means that you will be able to collect Social Security from the US when you retire whether you have 1 year ( technically 6 quarters which can be earned from July to June which is one year but if you started working on Jan 1, you would need to work 1 year and another $2,000 or so in another year to qualify.    For 2007, you need just short of $1,000 of earnings to qualify for one quarter.)

The actual agreement in all its glory CAN BE FOUND AT:
 http://www.socialsecurity.gov/international/Agreement_Pamphlets/canada.html