BDO Canada’s Jason Ubeika was a guest on Darren Coleman’s Two Way Traffic podcast to discuss Trump’s Big Beautiful Bill.

By Jason Ubeika, BDO Canada LLP
Special to Financial Independence Hub
U.S. President Donald Trump signed the One Big Beautiful Bill Act into law on July 4. It involves a staggering US$4.5 trillion in tax cuts over the next decade and focuses on his tax agenda: the idea being to boost jobs, incentives and business investments south of the border.
The bill extends legislative changes from Trump’s first term and introduces some new provisions that offer both favorable and unfavourable changes for individual taxpayers. Key provisions that could impact Canadians are:
- permanent increase to the estate and gift tax exemption;
- changes to controlled foreign corporation rules;
- a new 1% excise tax on remittance transfers to persons outside the U.S.;
- introduction of Trump accounts for savings for qualifying children; and
- various changes to income tax rates, deductions and credits.
Thankfully, the originally proposed new Section 899 was removed from the final version of the bill. It would have imposed retaliatory U.S. taxes on residents of countries imposing “unfair foreign taxes,” and could have raised U.S. withholding taxes and income taxes on a variety of types of U.S. source income received by Canadians.
Estate and gift tax exemption
The bill will increase the harmonized estate tax exemption and lifetime gift tax exemption amount for U.S. citizens and resident aliens to US $15 million in 2026, indexed annually to inflation. Unlike past legislation, there is no “sunset clause” where the legislation is scheduled to expire on a certain date and the exemption reverts to the previously legislated amount. The current harmonized exemption for 2025 is just under US$14 million and was supposed to decrease by half in 2026 to slightly over US$7 million.
What are the implications for Canadians? Canadians are generally subject to U.S. estate tax upon death, based on the fair market value of U.S. situs assets; this includes U.S. real estate and shares of U.S. corporations held at death: even U.S. marketable securities held in a Canadian brokerage account. However, Canadian residents have access to the same estate tax exemption as U.S. individuals by virtue of the Canada-U.S. tax treaty. As a result, Canadians are generally not subject to U.S. estate tax on death if their worldwide net worth is below the exemption amount in effect at the time of death. The exemption is effectively at least doubled if assets pass to a surviving U.S. noncitizen spouse. No sunset clause means Canadians will face less uncertainty with respect to U.S. estate tax planning.
Canadians are generally subject to U.S. gift tax based on the fair market value of tangible U.S. situs assets (e.g. U.S. real estate) that they gift during their lifetime. Unlike for estate tax, the treaty does not provide an enhanced gift tax exemption, and annual exemptions under U.S. domestic tax law are limited. For 2025, the annual taxable gift exclusion is US$19,000 per recipient (US$190,000 for gifts to a U.S. noncitizen spouse). Gifts above these annual exclusion amounts are subject to gift tax at graduated rates ranging from 18% to 40%.
Controlled foreign corporation (CFC) rules
A CFC is generally a non-U.S. corporation where more than 50% of the stock (based on aggregate voting power or value) is owned by U.S. shareholders. A U.S. shareholder is a U.S. taxpayer who owns shares representing at least 10% of the votes or value of all stock of the corporation. Such shares can be owned directly or indirectly: even constructively, based on shares owned by certain related parties.
Under the bill, U.S. shareholders of CFCs became subject to tax on global intangible low-taxed income (GILTI) in 2018, even if the income was not distributed to the U.S. shareholder. Conceptually, this represents the after-tax active business income of a CFC. The bill renames GILTI as net CFC tested income (NCTI). Prior to the bill, U.S. shareholders of CFCs were only subject to accrual-based taxation of subpart F income, which conceptually represents non-business income of a CFC.
As for favourable and unfavorable changes to the NCTI calculations, effective in 2026, the bill:
- repeals the reduction of NCTI for the deemed return on qualified business asset investment,
- reduces the Section 250 deduction from 50% of NCTI to 40%,
- limits foreign tax credits to 10% of NCTI instead of 20%,
- limits expenses allocable to NCTI to the section 250 deduction and directly allocable expenses, and
- renders interest expenses and research and experimentation expenses not allocable to foreign-source NCTI.
Other changes to the CFC rules include:
- permanent extension of the look-through rule for CFCs, where dividends, interest, rents and royalties received or accrued from another CFC are not taxed under the subpart F rules;
- modifying pro rata share rules for subpart F income to apply to U.S. shareholders owning the CFC at any point during the year, rather than at the end of the year;
- restoring the limitation on downward attribution of stock ownership; and
- introducing Section 951B to apply the NCTI and subpart F rules beyond U.S. shareholders of CFCs, such that they apply to structures including foreign controlled U.S. shareholders and foreign controlled foreign corporations.
Implications for Canadians
What then are the implications for Canadians? The CFC rules apply to Canadian residents who are U.S. persons (i.e. U.S. citizens or Green Card holders) and who directly, indirectly or constructively own shares representing more than 50% of the total votes or value of Canadian private companies and other non-U.S. private companies.
The net effect of the changes to the Section 250 deduction and the foreign tax credit limitation are that the minimum effective foreign corporate tax rate necessary to be paid by a CFC to fully offset U.S. tax on NCTI increases from 13.125% to 14% for a U.S. corporate shareholder of a CFC, which is taxed at 21%. A U.S. individual shareholder can make an election under Section 962 to be taxed as a U.S. corporation for the purposes of the CFC rules. For Canadian CFCs generating NCTI, the Canadian corporate tax may not meet this threshold, particularly if the small business deduction is claimed.
Excise tax on remittance transfers
Effective in 2026, the bill requires that a new 1% excise tax on certain remittance transfers be collected by the remittance transfer provider and paid quarterly to the U.S. Treasury. The tax imposed will apply only to any remittance transfer for which the sender provides cash, a money order, a cashier’s check, or any other similar physical instrument through a remittance transfer provider to an account outside the U.S. Continue Reading…








