The Commerce Journal,Business and Local Businesses
*The Commerce Journal>>>Canada Taxes

No credit for withholding tax if you have net capital loss?


If you have dividends from a foreign country (say US), and taxes withheld on those dividends, but you also have enough capital losses in stocks from that country that your net income from that country is negative. In this case, do you get zero credit from those foreign withholding taxes paid, and they're gone forever -- AND you still have to report the dividend income on line 121 and pay taxes on them?

I should explain what I mean: this has to do with T2209, line 433, net foreign non-business income. Normally you can claim withholding tax credit on Schedule 1 line 44, Federal Foreign Tax Credits, but CRA also states "Foreign-source taxable capital gains and allowable capital losses are taken into account in calculating a "non-business-income tax" foreign tax credit."

So if the capital losses neutralize the dividend income for one country, then it appears that federal foreign tax credit becomes zero for that country.

HOWEVER, I have found the following info: "The foreign taxes are often not completely recovered by the foreign tax credits. Non-business foreign taxes which are not recovered as a tax credit may be deducted from income on line 232 of the personal tax return, "Other deductions", as a s. 20(12) deduction."
http://www.taxtips.ca/filing/foreigntaxc...

So it seems that such withholding tax can still be declared on line 232. Can any experts confirm?

I'm sorry to say that the answer is no.

Here's why: If you had received positive capital gains instead of capital losses, you would not have been subject to any withholding on the capital gains. If the foreign country (US) tax is not subject to taxation when you have a gain, you can't take a credit for it when you have a loss.

Of course, you can still receive credit in Canada for foreign taxes paid in the U.S. You cannot, however, take your US capital losses and use them to offset US dividends.

Tags
  Spain Taxes   Singapore Taxes   Mexico Taxes   Ireland Taxes   India Taxes   Germany Taxes   Canada Taxes   Australia Taxes   Small Business   Renting & Real Estate
Related information
  • Resident or non-resident for Canadian tax purposes?

    It sounds to me like you were no longer living in Canada at year end and did not work more than 183 days in 2007 in Canada. As long as you did not have any other ties to Canada such as personal pro...

  • Non-Canadian spouses liability to file Canadian tax.?

    Canada Revenue Agency CRA does not require your husband to pay taxes in Canada unless he was living there as of December 31st. The key they use in determining this is whether your husband had cut a...

  • LTD and Maritime deductions on paycheck?

    LTD is Long Term Disability. You obviously paid into an LTD account. Doesn't help you now you've left, but if it was part of your standard deductions... No Idea what Maritime is, unl...

  • If you didnt work this past year do you still have to file an income tax return in canada?

    No. You never have to file income taxes unless you owe money or if CRA specifically requests it. You probably should because you might be entitled to various tax credits (rent for example) plus ...

  • Dividend figures on both T3 and T5?

    T3 dividend is generally from a trust, while T5 dividned is generally from a corporation. I guess u have to trust your financial institutionts that they prepare the T3 & T5 correctly. T3 - ...

  • Do you have to pay the difference in tax rates between provinces on your income?

    Oh lucky you. You file and pay income tax based on the province of residence on Dec 31. Therefore you get to file Quebec income tax (as you apparently have discovered)., a pain in the posteri...

  • How can status indian report self-employed income on tax return ?

    As I understand it, only the self employed income earned outside the reserve is taxable and to be included on his or her tax return, while the income earned earned inside the reserve is not taxable...

  • Capital Gains...how much would someone owe.?

    Assuming that you rented the property to your children to live in (ie, not a principal residence to qualify for tax exemption), and assuming that the debtload is $5000 representing interest expense...

  •  

    Commerce Categories--Copyright/IP Policy--Contact Webmaster