Are Canadian Old Age Security Benefits Excluded from Your Current Monthly Income?

Yes.

The Canadian Old Age Security benefits received by the debtors were not included in the debtors’ current monthly income under Code § 101(10A) because § 101(10A)(B) excludes from the calculation of current monthly income any benefits received under the Social Security Act and a U.S.-Canadian treaty, the Agreement with Respect to Social Security, mandates reciprocal treatment of government retirement benefits between the two countries. Accordingly, the treaty required that Canadian social security benefits be excluded as well. In re McPhee, 2014 WL 4211068 (Bankr. E.D. Va. Aug. 26, 2014) (case no. 3:13-bk-36046).

Related Posts