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Posted Mon, 23 Sep 2024 17:01:02 GMT by Stuart Shaw
Hi I wish to clarify the UK tax treatment of a lump sum withdrawal from a Canadian RRSP by a UK tax resident. The sum is taxed at 25% in Canada I understand from DT4605 that with amounts accrued before April 2017 the taxable amount is calculated based on the gain on the disposal within the RRSP and no tax credit is available. For amounts accrued after April 2017 it is taxed a lump sum and the tax credit is available. The RRSP in question commenced over 20 years and my question is what exactly is meant by amounts accrued before and after April 2017. Should I be taking the value of the SIPP at April 2017 and applying the new rules to any growth past this date or should I be apportioning the lump sum based on contributions made before April 2017 and those contributions after.?
Posted Wed, 02 Oct 2024 08:11:44 GMT by HMRC Admin 19 Response
Hi,
The guidance at below advises "Where a UK resident makes a lump sum withdrawal from an RRSP or an RRIF, Canada imposes a 25 per cent withholding tax. No tax credit relief is allowable in the United Kingdom in respect of the tax withheld, however, because the Canadian tax is imposed upon the lump sum withdrawal (which does not itself give rise to a tax charge in the United Kingdom), whereas any UK tax charge is on the disposal of assets held within the Plan or Fund to enable the lump sum to be withdrawn (and no tax is levied on the disposal of fund assets in Canada). The Elimination of Double Taxation Article (Article 21) obliges the United Kingdom to give credit for Canadian tax paid only against UK tax computed by reference to the same profits, income or chargeable gains by reference to which the Canadian tax is computed. Since no UK tax is computed by reference to the subject of Canadian tax (that is, the withdrawal), no tax credit relief is allowable. Similarly, where the disposal of fund assets to facilitate a withdrawal gives rise to a UK tax charge, no tax credit relief is allowable since the disposal does not attract a tax charge in Canada"
https://www.gov.uk/hmrc-internal-manuals/double-taxation-relief/dt4605
This means that you have to pay tax in both countries on the withdrawal and that no double taxation relief is allowed.
Thank you.
 
Posted Wed, 02 Oct 2024 08:27:46 GMT by Stuart Shaw
Thank you Admin 19 Yes, I understand that this the case for funds accrued prior to April 2017 but that it is not the case for funds accrued after April 2017 where you can claim a tax credit. My question is would you calculate what exactly what was meant by funds accrued before and after April 2017. Would this be calculated by reference to the balance at April 2017 or based on the contributions made before and after this date?
Posted Thu, 10 Oct 2024 08:42:56 GMT by HMRC Admin 20 Response
Hi,
You take the value at 5/4/17 from the value at the time of withdrawal and the difference is what you are taxed on.
Thank you.
Posted Wed, 16 Oct 2024 09:34:38 GMT by Stuart Shaw
Thank you Admin 20

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