Canada Tax

Canada Tax Questions Answered by Experts

Ask an Expert,
Get an Answer ASAP!

Canada Tax
This answer was rated:

Two US personal income tax question, pls?If dad, mom and

Two US personal income tax...
Two US personal income tax question, pls?

If dad, mom and son (over 18) own a rental property (a house) jointly in USA, could the rental income be claimed by the son only?

A separate question:
If the Canadian wife divorced with the husband ( a US resident) in 2012 and comes back to Canada, they filed joint return in USA in 2011 and before, should the wife file US tax return in 2012 again if she doesn't have any income from USA except the alimony received from the husband who is still in USA?

Thanks
Show More
Show Less
Ask Your Own Canada Tax Question
Answered in 1 hour by:
1/2/2013
Lev
Lev, Tax Advisor
Category: Canada Tax
Satisfied Customers: 30,620
Experience: Taxes, Immigration, Labor Relations
Verified
If dad, mom and son (over 18) own a rental property (a house) jointly in USA, could the rental income be claimed by the son only?

Rental income is claimed by the person who receives that income.
If rental income is receives by son's only - it is claimed by the son. If however - that income is received by all co-owners - each must claim his/her part of rental income and expenses.

If the Canadian wife divorced with the husband (a US resident) in 2012 and comes back to Canada, they filed joint return in USA in 2011 and before, should the wife file US tax return in 2012 again if she doesn't have any income from USA except the alimony received from the husband who is still in USA?
Alimony is taxable income in the US. The filing requirements are based on her total income.
However - please be aware that there is The US-Canada tax treaty - http://www.irs.gov/pub/irs-trty/canada.pdf - see page 24: 6. Alimony and other similar amounts (including child support payments) arising in a Contracting State and paid to a resident of the other Contracting State shall be taxable only in that other State, but the amount included in income for the purposes of taxation in that other State shall not exceed the amount that would be included in income in the first-mentioned State if the recipient were a resident thereof.
So - if the wife is a resident of Canada and not US citizen - alimony is not subject of US income taxes and filing the tax return is not required.
Ask Your Own Canada Tax Question
Customer reply replied 5 years ago

Thank you. Could you possible provide me some backup rules to have the person who receive the rent will report rental income, pls? I'm very satisfied with 2nd answer. Thanks again.

For US rules related to reporting rental income and rental expenses - see IRS publication 527 - www.irs.gov/pub/irs-pdf/p527.pdf

 

In general, under the anticipatory assignment of income doctrine, a taxpayer who earns or otherwise creates a right to receive income will be taxed on any gain realized from it, if the taxpayer has the right to receive the income or if, based on the realities and substance of the events, the receipt of the income is practically certain to occur
(i.e., whether the right basically has become a fixed right), even if the taxpayer transfers the right before receiving the income.
See for reference - http://www.irs.gov/pub/irs-wd/1148003.pdf
Ferguson v. Commissioner, 174 F.3d 997 (9th Cir. 1999); Jones v. United States, 531 F.2d 1343, 1346 (6th Cir. 1976); Kinsey v. Commissioner, 477 F.2d 1058, 1063 (2d Cir. 1973); Hudspeth v. United States, 471 F.2d 275, 280 (8th Cir. 1972); Estate of Applestein v. Commissioner, 80 T.C. 331 (1983); Lucas v. Earl, 281 U.S. 111 (1930).
By contrast, the mere anticipation or expectation of the receipt of income is insufficient to conclude that a fixed right to income exists. S.C. Johnson & Son, Inc. v. Commissioner, 63 T.C. 778, 787-88 (1975).

See also here - http://www.lawgame.net/pdf/dtax.pdf

Lev
Lev, Tax Advisor
Category: Canada Tax
Satisfied Customers: 30,620
Experience: Taxes, Immigration, Labor Relations
Verified
Lev and 87 other Canada Tax Specialists are ready to help you
Ask your own question now
Ask Lev Your Own Question
Lev
Lev
Lev, Tax Advisor
Category: Canada Tax
Satisfied Customers: 30,620
30,620 Satisfied Customers
Experience: Taxes, Immigration, Labor Relations

Lev is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I really was impressed with the prompt response. Your expert was not only a tax expert, but a people expert!!! Her genuine and caring attitude came across in her response...

T.G.WMatteson, IL

I WON!!! I just wanted you to know that your original answer gave me the courage and confidence to go into yesterday's audit ready to fight.

BonnieChesnee, SC

Great service. Answered my complex tax question in detail and provided a lot of additional useful information for my specific situation.

JohnMinneapolis, MN

Excellent information, very quick reply. The experts really take the time to address your questions, it is well worth the fee, for the peace of mind they can provide you with.

OrvilleHesperia, California

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

< Previous | Next >

Meet the Experts:

Arthur Rubin

Arthur Rubin

Tax Preparer

34 satisfied customers

Tax preparer with 23 years experience, including US/Canada tax returns.

Legal Ease

Legal Ease

Lawyer

269 satisfied customers

Lawyer

Wallstreet Esq.

Wallstreet Esq.

Tax Attorney

586 satisfied customers

10 years experience

Mark D

Mark D

Enrolled Agent

1,312 satisfied customers

MBA, EA, Specializing in Business and Individual Tax Returns and Issues

Richard

Richard

Tax Attorney

4,358 satisfied customers

29 years of experience as a tax, real estate, and business attorney.

Robin D.

Robin D.

Senior Tax Advisor 4

14,085 satisfied customers

15years with H & R Block. Divisional leader, Instructor

Megan C

Megan C

Certified Public Accountant (CPA)

8,652 satisfied customers

Licensed CPA, CFE, CMA, CGMA who teaches accounting courses at Master's Level

< Previous | Next >

Related Canada Tax Questions
My name is ******* ******* my social security number is
My name is ******* ******* my social security number is ********* I have been trying to call Canada Revenue Agency but they say call later as we are over loaded . I also have been trying to figure out… read more
Barbara
Barbara
Enrolled Agent, Paralegal
3,777 satisfied customers
I'm new to Canada and I don't know how to fill my tax
I'm new to Canada and I don't know how to fill my tax return. The tax section on canada.ca is too generic and doesn't help. Where do I get started?… read more
Barbara
Barbara
Enrolled Agent, Paralegal
3,777 satisfied customers
I own 50% of a corporation that owns a vehicle. I want to
I own 50% of a corporation that owns a vehicle. I want to transfer the vehicle from the corporation to myself the shareholder. I understand I have to pay RST at the market value of the vehicle, but I … read more
Patrick Mullis
Patrick Mullis
Masters
17 satisfied customers
I put down 'Personal' as my reason for moving to Canada when
Hello, I put down 'Personal' as my reason for moving to Canada when I arrived last week (departing in 5 months), and I'm curious to know if joining an 4-month acting program by the Victoria Academy of… read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
269 satisfied customers
Not sure if I am in the right section, a lawyer told me to
Not sure if I am in the right section, a lawyer told me to ask a tax expert. I want to know if I buy items from joom.com or wish.com for resale here in Canada by mail, do I have to fill a form to impo… read more
NPVAdvisor
NPVAdvisor
CFP Licensee and Practitioner
Master's Degree
180 satisfied customers
Canada real estate law question about resident capital gains
Canada real estate law question about resident capital gains vs non resident capital gains taxes.… read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
269 satisfied customers
To:, financial professional. Re Society Act in BC. Can a
To: ***** ***** professional. Re Society Act in BC. Can a member secure the membership of a society. I was told the list was confidential. As a member I feel (and I am sure I am right) that other memb… read more
Barbara
Barbara
Enrolled Agent, Paralegal
3,777 satisfied customers
I am a Canadian living in Canada but worked at the
I am a Canad***** *****ving in Canada but worked at the University of California before retirement in 2001. In 2016, I made a disbursement from a 403B, a tax-deferred savings plan. The account is mana… read more
Robin D.
Robin D.
Senior Tax Advisor 4
Vocational, Technical or Trade School
14,085 satisfied customers
Is there away to find what percent property taxes increased
Is there away to find what percent property taxes increased each year in Ontario from 1986 thru 1997 for a elderly person. I'm trying to figure out what taxes my 97 year old mother in law paid for tho… read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
269 satisfied customers
I am a Canadian permanent resident and a British citizen. I
Hi, I am a Canadian permanent resident and a British citizen. I have lived and worked in Canada for 9 years. I recently inherited GBP in the UK that was taxed in the UK according to UK inheritance tax… read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
269 satisfied customers
Is there a way to stop the CRA from garnishing wages?
is there a way to stop the CRA from garnishing wages? … read more
Barbara
Barbara
Enrolled Agent, Paralegal
3,777 satisfied customers
My mom died in March whom owned all the shares. in May all
my mom died in March whom owned all the shares. in May all the shares were transferred into my name the fmv of the realestate was 1.7 million and i am informed that i shouldsell the corporate assets w… read more
Amanda Russell
Amanda Russell
Accounting Tax & Profit Strategist
Master\u0027s Degree
9 satisfied customers
I am a Canadian resident with an accounting question. Can
HI there, I am a Canadian resident with an accounting question. Can you guys answer question regarding canadian regulations? … read more
Barbara
Barbara
Enrolled Agent, Paralegal
3,777 satisfied customers
2015 my husband had to cash in a rrsp for approx.$13000.00
2015 my husband had to cash in a rrsp for approx.$13000.00 and of course around $2600.00 was taken for tax but when I did his 2016 he owes $2400.00 but as soon as I enter this RRSP as income it adds a… read more
abci168
abci168
Principal
27 satisfied customers
I am the sole owner of a canadian limited company, I would
I am the sole owner of a canad***** *****mited company, I would like to take money out of my limited company for a down payment on a house I am buying, my previous answer says this money if not paid b… read more
NPVAdvisor
NPVAdvisor
CFP Licensee and Practitioner
Master's Degree
180 satisfied customers
A friend borrowed me a great deal of money and I have repaid
A friend borrowed me a great deal of money and I have repaid him over a couple years. Now it's time for me to repay what we would refer to as the "Bonus" or "interest" how can I do this without him be… read more
NPVAdvisor
NPVAdvisor
CFP Licensee and Practitioner
Master's Degree
180 satisfied customers
1) I'm a US Citizen, and I lived in Canada for about 179
Hello,1) I'm a US Citizen, and I lived in Canada for about 179 days (December 1st, 2016 to May 25th, 2017), and would like to spend another 6 months there starting in January, 2018. Would I be able to… read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
269 satisfied customers
I am just looking up information reference room and board
I am just looking up information reference room and board and if it has to be claimed on income tax … read more
Barbara
Barbara
Enrolled Agent, Paralegal
3,777 satisfied customers
Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Show MoreShow Less

Ask Your Question

x