Claiming FICA taxes as Foreign tax credit if person has more than 40 credits

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Request your input.I’m trying to understand how CRA treats U.S. FICA (Social Security + Medicare) for the Foreign Tax Credit (FTC).

CRA’s T2209 instructions say that contributions to a foreign public pension plan only qualify for FTC if: The contribution is mandatory; and It’s reasonable to conclude the worker will not receive future benefits from those contributions (e.g., temporary, short-term employment). However, the same instructions include a separate note stating that U.S. FICA contributions qualify for the credit.

This creates confusion: • If someone pays FICA and is eligible (or will be eligible) for U.S. Social Security benefits — such as having 40 credits — does that fail condition #2? • Or does the CRA note effectively carve out FICA from the “no future benefit” rule, meaning FICA can still be claimed regardless of benefit eligibility?

1 Answer

score 0 · Answer 1 · 2025-12-04T19:52:18+00:00

Hi Rohan,

CRA’s T2209 instructions can seem contradictory, but the rule is actually straightforward:

U.S. FICA (Social Security + Medicare) is always eligible for the Foreign Tax Credit for Canadian residents, even if the person has 40 credits and will later receive U.S. Social Security benefits.

Here’s why:

The general rule says foreign public pension contributions are not creditable if the worker will receive future benefits.
However, CRA makes a specific exception for U.S. FICA.
The instructions explicitly state that “contributions to the U.S. Social Security system (FICA) qualify for the foreign tax credit.”
This exception is based on the Canada–U.S. Tax Treaty, under which FICA is treated as an income tax, not as a pension contribution.

In practice, CRA consistently allows the credit regardless of whether the taxpayer has accumulated 40 quarters or is eligible for future Social Security benefits. The “no future benefit” test simply does not apply to FICA.

Bottom line:
Yes, you can claim FICA as a foreign tax credit in Canada even if you qualify (or will qualify) for U.S. Social Security.

Claiming FICA taxes as Foreign tax credit if person has more than 40 credits

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