Under provisions of the Fifth Protocol to the Convention, a Roth IRA is considered a “pension” for the purposes of Article XVIII(3)(b) as long as no contributions are made to the plan while a resident of Canada after December 31, 2008. Rollover contributions made while a resident of Canada are not included in “Canadian Contributions”.
To ensure that income earned within a Roth IRA is deferred and considered a “pension” under Article XVIII of the Convention, an election must be made by April 30 after the year a person becomes or is considered a resident of Canada. Income earned after the date of a “Canadian Contribution”, based on the contributions made while a resident of Canada will be considered taxable in Canada in the year earned.
Conclusion: All persons resident in Canada or who moved to Canada during 2010 must file an election by April 30, 2011 to ensure that income earned within the Roth IRA from contributions made while a nonresident of Canada will be deferred, and considered "pension income" under the Treaty.
The election must include the following information:
Filing the Election:
The election must be separately filed prior to the due date at:
Competent Authority Services Division,
International and Large Business Directorate,
5 th Floor, Canada Building,
344 Slater Avenue,
Ottawa, Ontario K1A 0L5
Please advise us immediately if you have become a Canadian resident and if you have a Roth IRA account.