Nicolas Godbout, fiscaliste et planificateur financier, M. Fisc., Pl. Fin

USA copyrights on Form 1099-MISC

US taxation  —   —  Share

1099-MISC droit auteur royalties IRS

I received “Form 1099-MISC”. I am self-employed and I would like to know what the cost is to file a US tax return?

And I would like to know if I have any chance of getting a tax refund?


Christian G.

Hello Mr. G.,

The IRS Form 1099-MISC you received shows royalty income (not self-employment). Sometimes your self-employment work is considered as royalties by the payer.
Most copyrights income are not taxable in the United States under paragraph XII 3(a) of the Canada-United States tax treaty.

You will need to file a US tax return to recover the withheld tax, you will get back 100% of the withheld taxes.
You must also declare this income on the Canadian return and you cannot claim a foreign tax credit since these amounts are not taxable in the USA.

In the future, you should instead provide a form to the payer so that they do not withhold tax on future payments.
This will allow you to receive the amounts without US deductions and you will therefore no longer need to file a tax return to recover the tax withheld in the USA.

For 2023, it is too late to provide this form, you will need to file a US return.

Please note that we are available to help you with all these procedures, this is part of our expertise. Click here to contact us.

Let me know if that answers your question.

Nicolas Godbout