United States

Total 55 Posts

Estate Freeze & U.S. Citizens

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Scotiatrust

Before recommending an estate freeze to a client, advisors should first ask them a simple question: Are you a U.S. citizen? By failing to ask this question, advisors may be overlooking significant cross-border tax implications. While an estate freeze can be an effective tool for succession planning, it can come with a number of complex and sometimes punitive U.S. tax consequences when the freezor is a U.S. citizen. This article….

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Business Succession Planning, Estate Planning, Tax Issues, U.S. Citizen, United States, US Taxes

Dual Citizens, U.S. and Tax

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Dual U.S.-Canadian citizens residing in Canada may want to pay particular attention to the Exclusive Citizenship Act of 2025 (the “Act”); a proposed bill establishing that “citizens of the United States shall owe sole and exclusive allegiance to the United States […]”.[1] Under the proposed bill, dual citizens have one (1) year from the date of the enactment of the Act to submit a written renunciation of their foreign (e.g…..

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Canadian and US Tax Treaty, Tax Issues, U.S. Citizen, United States, US Taxes

Surrogacy Across Borders: What Canadian Families Need to Know

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Today’s blog was co-authored by Pahul Sond, Student-at-Law, at Fasken LLP Surrogacy is a life-changing journey—but when it crosses international borders, the process becomes more complex. This post highlights a recent CTV news story, applicable laws in Canada, and a Q&A I conducted with a friend who recently went through the journey. Canadian Surrogate Turned Away at the Border A recent CTV News story titled “U.S. border officers turn back….

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In the News, IRS, United States

Canadians Beware – U.S. Move To End Paper Cheques for Federal Payments

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On March 25th, 2025, President Donald Trump issued Executive Order 4247 (“EO 4247”) directing the U.S. Department of the Treasury to transition all federal disbursements and collections into electronic format; effectively ending the use of paper cheques. By September 30th, 2025, paper cheques for federal payments (notably tax refunds and social security payments) will cease. How is this relevant to Canadians? Hurdle for Canadians EO 4247 may represent a hurdle….

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IRS, Tax Issues, U.S. Citizen, United States, US Taxes

The Limits of Pour-Over Clauses in Ontario (And What to Do Instead)

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    Today’s blog was written by Karen La Caprara, Counsel, at Fasken LLP. Pour-over clauses in wills are a staple in U.S. estate planning, used to direct estate assets into an existing trust. But in Ontario and British Columbia, these clauses can lead to invalid testamentary gifts, intestacy, and costly litigation. What Is a Pour-Over Clause—and Why Is It Problematic? A pour-over clause is a provision in a will that….

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Estate Administration, Estate Planning, Succession Planning, Tax Issues, Trusts, United States, Wills

Joint Ownership & U.S. Estate Tax Considerations

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Canadians are familiar with the concept of joint ownership with right of survivorship. It is the prevalent form of ownership between spouses. Therefore, it is not uncommon for Canadians to own U.S. real property or other U.S. property, jointly, especially between spouses. Many are of the view that it will simplify the estate plan and succession of the U.S. property to the surviving owner yet, few understand the U.S. estate….

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International, Joint Tenancy, Real Estate, Succession Planning, Tax Issues, United States, US Taxes
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