Home › Articles › 🌐 Cross-border

My TFSA holds US stocks — why was 15% withheld on dividends inside a "tax-free" account?

⚠️ Disclaimer: For general information only — not tax, financial, or legal advice. Figures may be outdated or incorrect; tax rules change frequently. Verify important decisions with the CRA/IRS or a qualified professional. You use this information at your own risk.
The short answer

Because the United States does not recognize the TFSA. Canada calls it tax-free; the IRS treats it as an ordinary taxable account. The Canada-US treaty cuts US dividend withholding from 30% to 15% (with a W-8BEN on file), but the 0% exemption that registered retirement accounts enjoy does not extend to the TFSA — so 15% comes off your US dividends before they ever reach the account.

The treaty mechanics

AccountUS dividend withholdingTreaty basis
Taxable account / TFSA15% (with W-8BEN; 30% without)Treaty Article X
RRSP / RRIF0%Treaty Article XXI(2)(a) — recognized retirement plans
401(k) / IRA (US side)n/aUS domestic

The 0% rate is reserved for pension and retirement arrangements the treaty explicitly recognizes. The TFSA — like the RESP and RDSP — is not one of them. Filing a W-8BEN with your broker gets you from 30% down to the treaty 15%, but no lower.

Why this surprises people

Three compounding misunderstandings:

  1. "Tax-free in Canada" ≠ "tax-free everywhere." The TFSA's tax-free status exists only under Canadian domestic law.
  2. The IRS may treat the TFSA as a foreign trust. For US persons holding a TFSA, the IRS position is that it can be a foreign grantor trust — potentially triggering extra reporting (Forms 3520/3520-A) on top of the withholding.
  3. You cannot recover the 15% on your Canadian return the way you might expect. Because the TFSA pays no Canadian tax, there is no Canadian tax for a foreign tax credit to offset — the 15% is simply gone.

What to do instead

  • Hold US dividend stocks in your RRSP/RRIF, where the treaty 0% rate applies. This is the single highest-value fix.
  • Hold Canadian dividend stocks in the TFSA — no cross-border withholding at all.
  • If you must hold US stocks in a TFSA, make sure a W-8BEN is on file so you pay 15%, not 30%.

Frequently asked questions

Does the 15% apply to capital gains when I sell the US stock?

No — withholding applies to dividends. Capital gains on US stocks inside a TFSA are still tax-free in Canada, and the US generally does not tax a nonresident alien's capital gains on stock sales.

I'm a US citizen living in Canada with a TFSA — anything extra?

Yes, and it's worse: the IRS taxes you on the TFSA's income annually (no deferral), may treat it as a foreign trust with extra forms, and you still suffer the 15% dividend withholding. Most cross-border planners tell US citizens to avoid TFSAs entirely.

Can I get the 15% back from the IRS?

No. The 15% is the correct treaty rate — it is tax legally owed, not an overpayment. A refund claim would fail.

Sources

  • https://zenithfinancialadvisors.com/blog/tfsa-trap-americans-canada-2026
  • IRS guidance on treaty withholding and Form W-8BEN — https://www.irs.gov
  • Canada-US Tax Treaty, Articles X (dividends) and XXI(2)(a) (pension exemption)
Disclaimer — please read. This article is for general information and educational purposes only. It is not tax, accounting, legal, financial, or immigration advice, and reading it does not create a professional or client relationship between you and Llandora. Tax and immigration rules change frequently and differ by country, province/state, and personal circumstances; figures, thresholds, and examples in this article may be outdated, incomplete, or incorrect, and may not apply to your situation. Always verify current rules with the official sources (CRA, IRS, IRCC, USCIS) and consult a licensed professional before making any decision. Llandora makes no warranty of any kind — express or implied — about the accuracy, completeness, reliability, or timeliness of this content. To the fullest extent permitted by law, Llandora disclaims all liability for any loss, damage, cost, or expense arising from errors or omissions in this article or from any action taken or not taken in reliance on it, whether direct, indirect, incidental, or consequential. You rely on this article entirely at your own risk.