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Topic · Canada

RRSPs and US tax: the deferral is automatic, the reporting is not

The RRSP is the one Canadian wrapper the United States genuinely respects. Since 2014 the deferral is automatic and Form 8891 is gone — which is exactly why people now under-report it.

By Danilson Ramos · Founder, Atamatax

Updated August 2026

Tax review partner: onboarding in progress. This article has not yet been independently reviewed by a credentialed professional — every figure cites its IRS source so you can verify it directly.

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Ask a US citizen in Canada which registered account causes them problems and they will usually name the RRSP. It is the wrong answer. The RRSP is the account that works — and the misplaced worry matters, because it sends people looking for a problem here while the TFSA and the RESP sit unexamined.

What Article XVIII actually does

The 1980 Convention treats a Canadian registered retirement plan as a pension for US purposes. Income and gains accruing inside it are not currently taxed by the United States; tax arrives when money comes out. That is genuine treaty relief, and it survives the saving clause because Article XXIX(3) lists the pension article among its exceptions.

Before 2014 you had to claim it — an annual election, filed on Form 8891, and a widespread source of missed filings. Rev. Proc. 2014-55 removed the requirement. Eligible taxpayers now get the deferral automatically, Form 8891 was withdrawn, and taxpayers who had never made the election were granted relief.

Automatic deferral is why the RRSP is now under-reported rather than over-taxed. Nothing prompts you each year, so the account quietly drops off the return — and the FBAR and Form 8938 obligations, which the deferral never touched, drop off with it.

The wrapper decides the PFIC answer

This is the single most useful thing to understand about a Canadian portfolio. Take one Canadian equity mutual fund and put it in three places:

WrapperUS treatment of incomeAnnual Form 8621?
RRSP / RRIFDeferred under Article XVIII until distributionNo, while the deferral holds
TFSACurrently taxable — no US recognition of the wrapperGenerally yes, per fund per year
RESPCurrently taxable to the subscriberGenerally yes, per fund per year
Non-registered accountCurrently taxableGenerally yes, per fund per year

Same fund, same manager, same ISIN — four different US outcomes, decided entirely by the wrapper. A Canadian portfolio built without that in view tends to put the growth assets in exactly the wrong place.

What you still have to report

  • FBAR. An RRSP is a foreign financial account. Its maximum value counts toward the $10,000 aggregate, measured across every non-US account you hold anywhere.
  • Form 8938. The RRSP is a specified foreign financial asset and counts toward the thresholds ($200,000 at year end, or $300,000 at any point, for a single filer abroad).
  • Form 8833. Generally not needed for the ordinary RRSP deferral, which Rev. Proc. 2014-55 makes automatic rather than a claimed treaty position.

When money comes out

A withdrawal is US-taxable in the year received. If you are a Canadian resident, Canadian tax applies at your marginal rate; if you have moved to the United States, Canada generally withholds 25% (15% on periodic RRIF payments under the treaty). Either way that Canadian tax is generally creditable on Form 1116, so the ordinary outcome is one layer of tax rather than two.

One asymmetry to plan around: the US may recognise basis in the plan that Canada does not, particularly for contributions made while you were a US resident. That affects how much of a withdrawal is actually US-taxable, and it is worth establishing before the first distribution rather than after.

Check what your Canadian accounts trigger

The free checker takes your account balances and shows which reporting thresholds you cross — FBAR, Form 8938, or neither.

Authorities cited

  • US–Canada Income Tax TreatyConvention between the United States and Canada (signed 1980), as amended by its five Protocols
  • Rev. Proc. 2014-55Rev. Proc. 2014-55 — automatic tax deferral for Canadian RRSPs and RRIFs; eliminates the Form 8891 election
  • IRS Form 8938About Form 8938 — Statement of Specified Foreign Financial Assets
  • FinCEN Form 114 (FBAR)Report of Foreign Bank and Financial Accounts (FBAR)
  • IRS Form 1116About Form 1116 — Foreign Tax Credit (Individual, Estate, or Trust)

Primary sources (Cornell Legal Information Institute for the US Code and CFR; IRS.gov for forms, procedures, and treaty documents). This page is general information, not individualized tax or legal advice.

Atamatax provides tax preparation support and educational resources. This website does not constitute legal or tax advice.

Frequently asked questions

Do I still need to file Form 8891 for my RRSP?#
No. Form 8891 was withdrawn after Rev. Proc. 2014-55, which made the Article XVIII deferral automatic for eligible taxpayers. There is no annual election to make.
Is my RRSP taxable to the IRS each year?#
No, while the treaty deferral applies. Income and gains accruing inside an RRSP or RRIF are not currently taxed by the United States; US tax arises when a distribution is made.
Do I still report the RRSP if it is not taxed?#
Yes, and this is the common error. Deferral of tax is not exemption from reporting. An RRSP is a foreign financial account for the FBAR and a specified foreign financial asset for Form 8938, so it counts toward the $10,000 FBAR aggregate and toward the 8938 thresholds regardless of the deferral.
Are the mutual funds inside my RRSP PFICs?#
While the Article XVIII deferral holds, they do not produce annual PFIC consequences for you — the wrapper is what changes the answer. The identical fund held in a TFSA, an RESP or a non-registered account generally does raise a Form 8621 question, one per fund per year.
What happens when I withdraw from my RRSP?#
The distribution is US-taxable in the year you receive it. Canadian tax applies too — at your marginal rate as a resident, or generally 25% non-resident withholding if you have left Canada (15% on periodic RRIF payments under the treaty) — and that Canadian tax is generally creditable on Form 1116.
Does the treaty cover a spousal RRSP or a LIRA?#
The pension article is written around Canadian registered retirement arrangements generally rather than one product name, and spousal RRSPs, LIRAs and RRIFs are ordinarily within it. The specific plan's terms are what confirm it, so an unusual or employer-specific arrangement is worth checking rather than assuming.

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