U.S. AND CANADA NEED TO AGREE ON ESTATE TAX CREDIT, CANADIAN FIRM WRITES.
U.S. AND CANADA NEED TO AGREE ON ESTATE TAX CREDIT, CANADIAN FIRM WRITES.
- AuthorsErgas, Joseph
- Institutional AuthorsMarjoris Investment, Ltd.
- Subject Area/Tax Topics
- Index Termstax treaties
- Jurisdictions
- LanguageEnglish
- Tax Analysts Document NumberDoc 92-7798
- Tax Analysts Electronic Citation92 TNT 170-45
=============== SUMMARY ===============
Joseph Ergas of Marjoris Investments, Ltd., Vancouver, B.C., Canada, has written that there is an urgent need for the United States and Canada to reach an agreement that would allow a credit in one country for the estate taxes paid in the other. Ergas explains that the combination of the U.S. estate tax on U.S. assets that are part of a Canadian resident's estate and the current "deemed disposition" tax under Canadian law is preventing many entrepreneurs from developing the kind of trade activities that are promoted by the free trade agreement between the United States and Canada. Ergas also believes it is necessary to establish a marital deduction to residents of both countries.
=============== FULL TEXT ===============
August 6, 1992
Mr. Nicholas Brady
Secretary of the Treasury
Department of the Treasury
1500 Pennsylvania Avenue NW
Washington, D.C. 20220
Dear Mr. Brady:
I feel that the Free Trade Agreement with the United States is one of the most important accomplishments of this Government. It will undoubtedly promote Canada's growth and enhance the Canadian standard of living.
Many times, the trade process between the two countries requires the reciprocal creation of an infrastructure, the opening of branches and the acquisition of assets in either country.
Unfortunately, there is a situation that is having a negative effect on this process. As a result of the United States' enacted Technical and Miscellaneous Revenue Act of 1988 (TAMRA), the U.S. situs assets pars of the estate of a Canadian resident are subject to a USA estate tax that, combined with the current Canadian "deemed disposition" tax at the death of a person, may tax away 80% of those assets. The prospect of this "gigantic confiscation" is preventing many entrepreneurs from starting or further developing trade activities that otherwise would have been promoted by the FTA.
There is an urgent need to reach an agreement between Canada and the USA allowing a credit in one country for the taxes paid at the death of a person in the other country. It is also necessary to establish a marital deduction to residents of both countries for property passing to the decedents spouse.
I am sure that the above suggestions will contribute to freer trade between both countries.
Sincerely,
Joseph Ergas
Marjoris Investments LTD
Vancouver, B.C., Canada
- AuthorsErgas, Joseph
- Institutional AuthorsMarjoris Investment, Ltd.
- Subject Area/Tax Topics
- Index Termstax treaties
- Jurisdictions
- LanguageEnglish
- Tax Analysts Document NumberDoc 92-7798
- Tax Analysts Electronic Citation92 TNT 170-45