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Cross-Border Tax (U.S.–Canada)

Spousal RRSP After Moving to the U.S.

The attribution rule, the non-resident exception, withdrawal taxation, and income equalization

Reviewed by the Fairlight Accounting cross-border tax team — U.S. & Canadian Tax Desks

A spousal RRSP is funded by one spouse for the other, shifting retirement income to the lower earner. Withdrawals within three years of a contribution are normally taxed to the contributor, but that rule doesn't apply when either spouse is a non-resident. After a move to the U.S., withdrawals face Canadian withholding and U.S. tax with a credit.

On this page
  1. The rules
  2. After the move
  3. Frequently asked questions
  4. Related guides
  5. Official sources
  6. Next step

The rules

ItemTreatment
AttributionWithdrawals taxed to the contributor, up to the amount contributed, if they contributed to any spousal plan in the year or the two before (ITA s.146(8.3))
Non-resident exceptionAttribution doesn't apply if either spouse is a non-resident of Canada at the time of withdrawal (ITA s.146(8.7)(b))
Canadian withholding25 percent on RRSP withdrawals and lump sums; 15 percent under the treaty on periodic RRIF payments (up to the greater of twice the minimum or 10 percent of the fund's value)
U.S. taxTaxed to the annuitant (the plan holder) as a U.S. resident, with a credit for Canadian withholding; growth deferred under the treaty

After the move

Once both spouses are U.S. residents filing jointly, the spousal RRSP's income-splitting purpose largely disappears — the joint return combines income anyway. It still matters for spouses who file separately, federally or for state tax. Stop contributing after the move (the RRSP over-contribution guide).

Frequently asked questions

Does the spousal RRSP three-year rule apply after I move?

No — attribution doesn't apply when either spouse is a non-resident of Canada at the time of the withdrawal (ITA s.146(8.7)(b)).

How are spousal RRSP withdrawals taxed after a move?

Canadian withholding (25 percent lump sum) and U.S. tax for the annuitant, with a credit.

Is a spousal RRSP still useful in the U.S.?

Less so — a U.S. joint return already combines income.

Can I keep contributing?

You generally don't earn new room as a non-resident unless you have certain Canadian-source earned income, and there's no U.S. deduction — usually stop.

Official sources

The Canada Revenue Agency lists, among the exceptions to spousal RRSP attribution: “at the time of payment, or when the CRA considers the payment to have been received, you or your spouse or common-law partner were non-residents of Canada” — Canada Revenue Agency, RRSPs and Other Registered Plans for Retirement, https://www.canada.ca/en/revenue-agency/services/forms-publications/publications/t4040/rrsps-other-registered-plans-retirement.html

The Canada Revenue Agency explains: “An RRSP is a retirement savings plan that you establish, that the CRA registers, and to which you or your spouse or common-law partner contribute. Deductible RRSP contributions can be used to reduce your tax.” — Canada Revenue Agency, Registered Retirement Savings Plan (RRSP), https://www.canada.ca/en/revenue-agency/services/tax/individuals/topics/rrsps-related-plans/registered-retirement-savings-plan-rrsp.html

Next step

Fairlight Accounting is a cross-border accounting and tax practice with a U.S. Tax Desk and a Canadian Tax Desk. Our U.S. Tax Desk and Canadian Tax Desk handle RRSP and spousal RRSP withdrawal planning across a move, and both countries' returns. See pricing or book a call.

Cross-border taxes, handled in one place

U.S. and Canadian filings prepared together by our U.S. and Canadian Tax Desks.

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