Robert Louis Rusten and Suzan Veronica Rusten, Deceased, Kelly Farrier, Personal Representative - Page 7




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          taxes.  Therefore, under section 1401(c), the United States may             
          not tax self-employment income to the extent that Canada has the            
          right to tax such income under the totalization agreement.  See             
          id. art. II(1)(a)(ii).                                                      
               Under article V of the totalization agreement, an employed             
          person working in either the United States or Canada is subject             
          to the employment taxes of only the country in which the person             
          works.  By contrast, if a person is self-employed and would                 
          otherwise be subject to self-employment taxes in both countries,            
          the person is subject to the self-employment taxes of only the              
          United States unless the person is a resident of Canada.  If a              
          person would be subject to employment taxes of both countries               
          because he is considered by the United States to be self-employed           
          and by Canada to be an employee, the tie-breaker rule is that the           
          person will be treated as self-employed.                                    
               Mr. Rusten falls within this tie-breaker rule.  The Internal           
          Revenue Service has the exclusive right to tax him as a self-               
          employed person residing in the United States, but without the              
          tie-breaker rule the Canada Revenue Agency would have the right             
          to tax him as an employee working in Canada.  Unfortunately, the            
          Canada Revenue Agency did not apply the tie-breaker rule, and any           
          attempts that Mr. Rusten made to recover the Canadian taxes that            
          CLN withheld from him were unsuccessful.  Section 1401(c) offers            
          no protection to Mr. Rusten because since Canada did not have the           







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