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Does US property create a tax problem?

It can. US estate tax reaches non-residents holding US real estate or securities above a threshold, reducing what the estate distributes.

This is legal information only. For advice on your own circumstances, speak to a lawyer.

It can. US estate tax reaches non-residents holding US real estate or securities above a threshold, reducing what the estate distributes.

The Canadian position

It can. US estate tax reaches non-residents holding US real estate or securities above a threshold, reducing what the estate distributes.

Provincial law governs administration, so confirm the position where the estate will actually be administered.

The Islamic position

The fixed shares apply to the net estate after funeral expenses, debts and any bequest capped at one third.

Where a Canadian mechanism has no classical counterpart, treat it as a contemporary question for a qualified scholar.

Across the madhahib

The four Sunni schools are not recorded as differing materially on this point in the sources reviewed. Where your own case turns on it, put it to a scholar of your school.

Note

This is legal information only. For advice on your own circumstances, speak to a lawyer.

Citations & sources

Every factual claim on this page traces to one of the references below. Legislation and dollar thresholds change — verify against the primary source before relying on any figure.

Scholarly & institutional references
  1. Research Papers — Cambridge Muslim College
  2. Research — Cambridge Muslim College
  3. Academics — Islamic law and theology curriculum — Zaytuna College
  4. Encyclopaedia of Islam — Brill
Canadian legislation & government
  1. What to do when someone has died — Canada Revenue Agency
  2. Income Tax Act, RSC 1985, c 1 (5th Supp) — Justice Laws Canada
Canadian legal commentary
  1. Wsib clearance certificate ontario business purchase — Treadstone Law
  2. Clearance certificate estate trustee liability canada — Treadstone Law
  3. Executor liability for estate taxes ontario — Treadstone Law
  4. Deemed disposition on death canada what it means — Treadstone Law
  5. Wsib clearance certificate buying trades business ontario — Treadstone Law
  6. Non resident seller clearance certificate timeline ontario — Treadstone Law
  7. Wills & estates practice — Treadstone Law