Episode 56: Navigating Cross-Border Estate & Death Taxes

In this episode, host Gerry Scott is joined by Carol Sadler, CPA from Achen Henderson CPAs to break down the complexities of estate and death taxes for Canadians with U.S. ties. They explore the differences between Canada’s death tax and the U.S. estate tax, the importance of final returns, and the role of trusts in estate planning. The discussion also covers the challenges of managing estates in blended families and why professional guidance is crucial for navigating cross-border tax implications.

Canada doesn’t have an estate tax, but a deemed disposition of assets at death may trigger capital gains taxes. All income up to the date of death must be included in the final tax return, and an estate tax return is required for any ongoing estate administration. U.S. individuals dealing with foreign trusts may face added tax complications, particularly with Passive Foreign Investment Company (PFIC) rules affecting certain trusts and mutual funds. Estate distributions also require clearance certificates from the Canada Revenue Agency (CRA) to ensure all taxes are settled before assets can be transferred to beneficiaries.

Carol explains how trusts can be powerful tools, especially for blended families, allowing for structured asset management while minimizing tax burdens. However, improper distributions can lead to unintended tax consequences, making professional advice essential for compliance and long-term planning.