ForumTitleContentMemberSexCountryDate/Time
CanadaThe IRS/CRA Income Tax Thread
QUOTE (Frenchy @ Apr 5 2009, 08:14 AM) <{POST_SNAPBACK}>
In 2007 I filed as a deemed non-resident (after filing the NR73), I don't think I paid non-resident taxes.
1. How can I make my "final" tax declaration in Canada? I've searched for "departure tax" return on the CRA site but found nothing.
2. I was told to file the T1161 but my total property value was below $25,000 so I don't think I should have to file this, or do I?
3. Also, should I immediately close all Canadian bank accounts such as mutual funds and checking (other than my RRSP)?
4. Can I do a direct transfer from my Canadian account to my US account?

Thanks! I am really confused...


Since you're a deemed resident of Canada, I don't believe you left Canada yet until the date you sold your property. I suggest you call the International Tax Services office to confirm this. They are very helpful with these sort of issues. Based on the assumption, I submit the following:

1) You're going to need to file a new NR-73 showing that you no longer hold property in Canada to be reclassified as a non-resident of Canada. I would also file a leaving Canada return with the date you sold your house as the date that you "left" Canada. The capital gain on your house would be included in the Leaving Canada return.

2) This form is filed for any of the property listed that you own as of the date that you "left" Canada. If you have any securities etc as listed on the form, you must pay capital gains based on the values of those securities on the date you left Canada.

3) That's up to you. Others have kept those accounts open with no adverse effects. However, since you're a deemed resident and need to apply to get that designation removed, this may be harder for you. Just make sure you notify those institutions of your non-residency.

Your example is one of the reasons why I recommend people to NOT send a NR-73 to CRA unless they ask you to.

4) You sure can. There should be no issues. IF the amoutn is larger than $10,000, your bank will report it to the Treasury Department for money laundering monitoring. YOur money is your money and it will not be taxed if you transfer it.
zyggyNot TellingCanada2009-04-05 17:15:00
CanadaThe IRS/CRA Income Tax Thread
QUOTE (sandyn @ Apr 5 2009, 01:45 PM) <{POST_SNAPBACK}>
QUOTE (zyggy @ Apr 5 2009, 02:50 PM) <{POST_SNAPBACK}>
Does he have to file form 2555?

as a side note- neither of them made more than the 8950$ standard deduction, so they are basically just filing to get their $ back.

This is how we have done it so far but it can be changed. Filed 1040 EZ married jointly. Included his London income(converted) on the income line.



You're on the right track. If you choose the option to treat your non-resident spouse as a resident spouse for US tax purposes, you must declare all of his worldwide income. But you can exclude it for tax purposes using Form 2555.


so, in addition to the 1040 ez, they should file the 2555? The 1040ez had his income included on it



You can't do an EZ with the 2555 or if you opt to declare your spouse as a resident alien, you must file a regular 1040.

QUOTE (orange_n_pink @ Apr 5 2009, 01:12 PM) <{POST_SNAPBACK}>
I came to the States in May 2008 on a K-1 visa. A couple days ago i received my green card. I think I may have filed our taxes wrong and I need some help.. please smile.gif
I had income in Canada in 2008 prior to me moving to the US. I filed my husbands US Fed. taxes jointly but I did not include my income from Canada.. is that something I shouldve done? he already received his return back...
Also, I have yet to do my Canadian taxes and I was wondering what I should do about my spouse's income.. all of his income in 2008 was in the US. Do i include his income in my Canadian fed. taxes? please help.. i'm totally lost..



Reading the full thread will give you the answers to both of your questions.
zyggyNot TellingCanada2009-04-05 16:53:00
CanadaThe IRS/CRA Income Tax Thread
QUOTE (sandyn @ Apr 4 2009, 07:44 AM) <{POST_SNAPBACK}>
QUOTE (zyggy @ Apr 2 2009, 01:32 PM) <{POST_SNAPBACK}>
QUOTE (sandyn @ Apr 2 2009, 10:33 AM) <{POST_SNAPBACK}>
need help with filing

My DD married a South African Sept 2008. He started his VISA process in Nov. They had their interview the beginning of March and the agent wanted them to give a copy of their 2008 taxes

I am confused as to if he was a resident or nonresident alien for 2008

He worked in London from Jan- Mar 2008. He went back to SA and then came to the US on a cultural exchange visa in April. He worked on the exchange visa from April- July. They got married in Sept

Do they file jointly? That is what visa wants them to do. Does he claim his London income?

He also has some sort of account in London that may have been worth around 10K- he has to file paperwork for that too, correct?


DId he file as married? He has the choice of either filing as joint or separate. He would be considered a non-resident alien. If he was paid in the US from April to July he may have a requirement to file a 1040-NR. If that is the case, it may be beneficial to opt to treat the alien spouse as a resident alien for tax purposes and exclude the foreign earned income.



Thank you- why would he exclude the foreign earned income?


I find these things confusing:

Generally, you cannot file as married filing jointly if either spouse was a nonresident alien at any time during the tax year. However, nonresident aliens married to U.S. citizens or residents can choose to be treated as U.S. residents and file joint returns. For more information on these choices, refer to Nonresident Spouse Treated as a Resident.

OR

If, at the end of your tax year, you are married and one spouse is a U.S. citizen or a resident alien and the other spouse is a nonresident alien, you can choose to treat the nonresident spouse as a U.S. resident. This includes situations in which one spouse is a nonresident alien at the beginning of the tax year, but a resident alien at the end of the year, and the other spouse is a nonresident alien at the end of the year.

If you make this choice, you and your spouse are treated as residents for your entire tax year for the purpose of your federal individual income tax return, and for the purpose of withholding U.S. federal income tax from your wages. However, for the purpose of Chapter 3 withholding you may still be treated as a nonresident alien. Refer to Withholding of Tax on Nonresident Aliens and Foreign Corporations (Chapter 3 of the IRC) in Tax Withholding Types. In addition, you may still be treated as a nonresident alien for the purpose of withholding Social Security and Medicare tax. Refer to Aliens Employed in the U.S. – Social Security Taxes.


Do they have to do this when they file?

How to Make the Choice

Attach a statement, signed by both spouses, to your joint return for the first tax year for which the choice applies. It should contain the following information:

1. A declaration that one spouse was a nonresident alien and the other spouse a U.S. citizen or resident alien on the last day of your tax year, and that you choose to be treated as U.S. residents for the entire tax year
2. The name, address, and identification number of each spouse. (If one spouse died, include the name and address of the person making the choice for the deceased spouse.)


Does he have to file form 2555?

as a side note- neither of them made more than the 8950$ standard deduction, so they are basically just filing to get their $ back.

This is how we have done it so far but it can be changed. Filed 1040 EZ married jointly. Included his London income(converted) on the income line.



You're on the right track. If you choose the option to treat your non-resident spouse as a resident spouse for US tax purposes, you must declare all of his worldwide income. But you can exclude it for tax purposes using Form 2555.
zyggyNot TellingCanada2009-04-05 14:50:00
CanadaThe IRS/CRA Income Tax Thread
QUOTE (Udella&Wiz @ Apr 2 2009, 12:00 PM) <{POST_SNAPBACK}>
QUOTE (zyggy @ Apr 2 2009, 02:29 PM) <{POST_SNAPBACK}>
QUOTE (Udella&Wiz @ Apr 1 2009, 03:59 PM) <{POST_SNAPBACK}>
Hey all - after reading through a zillion of these answers, I'm not sure I saw my exact situation.

In 2008 - I received only EI as Canadian foreign income and then I got a job in March and worked in the US for the remainder of the year.

Which forms am I completing to declare the Canadian EI income on my US tax return? 2555 AND 1116? or just 1116



WHen did you enter the US, if it was before Jan 2008, then your taxes in your EI income would be credited on 1116. ALso consider filing a Section 217 non-resident return to see if you can recover some of the 25% back.



Entered in Nov 2007 - EI only started in the 2008 year though by the time the claim got going. I'll use the 1116 form as you mention.

I was a full US resident for all of 2008 so cannot go the non-resident return route, but thank you for suggesting. I won't lie about that income, I am getting really frustrated though that it looks like I'll be hit twice, at least a little for that income sad.gif Canada dinged me already and now the US is going to sad.gif



The Section 217 with a Non-Resident return is from Canada. Look up some of my prior posts about Section 217 returns.
zyggyNot TellingCanada2009-04-05 14:47:00
CanadaThe IRS/CRA Income Tax Thread
QUOTE (Udella&Wiz @ Apr 2 2009, 12:00 PM) <{POST_SNAPBACK}>
QUOTE (zyggy @ Apr 2 2009, 02:29 PM) <{POST_SNAPBACK}>
QUOTE (Udella&Wiz @ Apr 1 2009, 03:59 PM) <{POST_SNAPBACK}>
Hey all - after reading through a zillion of these answers, I'm not sure I saw my exact situation.

In 2008 - I received only EI as Canadian foreign income and then I got a job in March and worked in the US for the remainder of the year.

Which forms am I completing to declare the Canadian EI income on my US tax return? 2555 AND 1116? or just 1116



WHen did you enter the US, if it was before Jan 2008, then your taxes in your EI income would be credited on 1116. ALso consider filing a Section 217 non-resident return to see if you can recover some of the 25% back.



Entered in Nov 2007 - EI only started in the 2008 year though by the time the claim got going. I'll use the 1116 form as you mention.

I was a full US resident for all of 2008 so cannot go the non-resident return route, but thank you for suggesting. I won't lie about that income, I am getting really frustrated though that it looks like I'll be hit twice, at least a little for that income sad.gif Canada dinged me already and now the US is going to sad.gif



That's why I sugested filing a Section 217, you may get a portion of what you paid Canada back.
zyggyNot TellingCanada2009-04-02 14:04:00
CanadaThe IRS/CRA Income Tax Thread
QUOTE (Udella&Wiz @ Apr 2 2009, 06:09 AM) <{POST_SNAPBACK}>
Bumping - anyone have a quyick answer to my questionny?

My only Cdn income last year was EI - so I'll file my Cdn return, but where on the US return. I'm 99% sure that 2555 isn't the approriate form because it details foreign income while you were a resident of that country - which I was not in Canada in 2008.

I 'THINK' that we need 1116 ....but when we fill it out...it just negatively affects our US tax return. It shouldn't - the Cdn income should cancel itself out, right?


I am seriously considering not even including my small bit of EI at all on my US return, I mean - how would they know and honestly I worked for 9 months of the year in the US and I am honestly filing my tax return for that income


We fought over our taxes until 8 pm last night sad.gif


I can only tell you what the law says, as a resident alien of the US, you must report ALL of your earned income whether it be from foreign sources or not.

Whether you report it or not is a rsk analysis for yourselves. Is a few bucks of refund worth the possible penalties and interest not to mention the harm it could cause on your chances for citizenship or to remain in the US if they ever found out your withheld it. It's a low risk, high penalty position.

Your choice.

QUOTE (elsoar @ Mar 31 2009, 05:26 PM) <{POST_SNAPBACK}>
Hey y'all,

I would like some advice on a theoretical situation. I'm about to be a dual US-Canadian citizen, presently living in Canada and telecommuting to work for a company in Quebec. Presently I file taxes with the IRS (using the 2555 EZ to exclude my Canadian income), the CRA and Revenu Quebec. In the future we may be moving back to the US, and I may continue working for the Canadian company, while living in the US. The Canadian company does have a few people on contract in the US, but no employees, or business presence there, and I imagine they would continue to pay me in Canadian dollars, although perhaps to a US bank account. I would likely prefer to remain an employee (unless I learn it's better otherwise). In this case:

1) Would the Canadian company still withhold both federal and provincial taxes for me?
1a) If so, I understand that I would then file with the IRS using a foreign tax credit or deduction, to ensure I am not double taxed under the tax treaty.
1b) If so, would I continue to file taxes in all three locations (US, Canada, and QC)? I know from reading the rest of this thread I wouldn't normally continue to file Canadian taxes as a non-resident, but what about QC, is it the same (I would guess so)? Would I need to file a state tax return for whereever I would be living as well?
1c) If so, does that mean my returns would essentially look the same as they do now in terms of how much tax I end up paying to the various goverments?

2) Any guesses as to whether it would be more advantageous (eg, letting me keep more of my money) if I were to be considered a consultant rather than an employee of the same company in otherwise the same situation? (I assume the only difference would be that the company wouldn't withhold tax?)

3) Not tax related, but does anyone know how it would work in terms of health care benefits, eg, presently one benefit is health care coverage (on top of the provincial coverage, including prescription drug coverage). Would this coverage be able to continue if I was living in the US, or would I have to find my own private insurance in the US?

Thanks for any help or advice - or pointing me in the direction of finding my own answers even. I figure if anyone knows anything about this sort of situation it's someone on VJ!

Elly



THese are very good questions and should be discussed with ah cross border tax expert. There are probably a few of them in Montreal or by another border city.

Based on the brief info, I know what my instincts tell me, but the devil is in the details.
zyggyNot TellingCanada2009-04-02 13:37:00
CanadaThe IRS/CRA Income Tax Thread
QUOTE (sandyn @ Apr 2 2009, 10:33 AM) <{POST_SNAPBACK}>
need help with filing

My DD married a South African Sept 2008. He started his VISA process in Nov. They had their interview the beginning of March and the agent wanted them to give a copy of their 2008 taxes

I am confused as to if he was a resident or nonresident alien for 2008

He worked in London from Jan- Mar 2008. He went back to SA and then came to the US on a cultural exchange visa in April. He worked on the exchange visa from April- July. They got married in Sept

Do they file jointly? That is what visa wants them to do. Does he claim his London income?

He also has some sort of account in London that may have been worth around 10K- he has to file paperwork for that too, correct?


DId he file as married? He has the choice of either filing as joint or separate. He would be considered a non-resident alien. If he was paid in the US from April to July he may have a requirement to file a 1040-NR. If that is the case, it may be beneficial to opt to treat the alien spouse as a resident alien for tax purposes and exclude the foreign earned income.
zyggyNot TellingCanada2009-04-02 13:32:00
CanadaThe IRS/CRA Income Tax Thread
QUOTE (Udella&Wiz @ Apr 1 2009, 03:59 PM) <{POST_SNAPBACK}>
Hey all - after reading through a zillion of these answers, I'm not sure I saw my exact situation.

In 2008 - I received only EI as Canadian foreign income and then I got a job in March and worked in the US for the remainder of the year.

Which forms am I completing to declare the Canadian EI income on my US tax return? 2555 AND 1116? or just 1116



WHen did you enter the US, if it was before Jan 2008, then your taxes in your EI income would be credited on 1116. ALso consider filing a Section 217 non-resident return to see if you can recover some of the 25% back.
zyggyNot TellingCanada2009-04-02 13:29:00
CanadaThe IRS/CRA Income Tax Thread
QUOTE (Eric Pree @ Mar 17 2009, 01:47 PM) <{POST_SNAPBACK}>
USC, got married to my Canadian spouse in Oct '08, filing MFJ with her ~$4k of canadian income on the return as a W-2, with 1116 for the ~$250 tax credit.
TurboTax wants to add a $600 "Recovery rebate credit" which is the added stimulus check amount since I changed from single to married.

My question is, I know you didn't get a stimulus check last year if your return had an ITIN on it, does the "Recovery rebate credit" have the same gotcha? She's using an ITIN since she doesn't have a EAD/SSN yet.

Love this thread btw, saved me a lot of grief so far!



Is your spouse here yet? Had she immigtrated. If she has and she doesn't have a SSN yet, you should wait until she does. File for an extension and estimate how much you would if if that is the case.

QUOTE (naviomelo @ Mar 11 2009, 08:14 PM) <{POST_SNAPBACK}>
Hi, I have a few questions. A pretty standard scenario, but I'm lost.

I moved from Canada to the US on a K-1 in October 2008. We got married in October 2008. I have Canadian employment income from January-October of 2008, then EI payments that I received after I was in the United States. I don't have a green card yet; the interview for that is later this month.

1. Where is the link to find the proper Canadian T1 form that I have to fill out?
2. Am I a non-resident, a deemed non-resident, or what?
3. Do I add my employment income to the EI income and submit all that, or does the EI income not need to be reported because the non-resident tax has already been deducted?
4. After I send this tax return to Canada CRA, do I ever have to correspond with them again?
5. What forms do I need for my US return? My wife didn't work in 2008 and all we have for income is interest income, capital gains (stock market), and the EI I received from Canada after I moved here.

Thank you so much for the help!


Read the entire thread. THe majority of your questions have already been answered.

QUOTE (bootslacky @ Apr 1 2009, 11:57 AM) <{POST_SNAPBACK}>
I'm just wondering how I should fill out my W-4 form now that I'm married. My wife and I got married at the end of March 2009. We're beggining the process for an IR-1. It will be amazing if it finishes within the year. So, do I claim an excemption point for her not making income, since she isn't here?

How important is it to get the W-4 right at this stage in the game? I just attempted to fill it out and it confused me.



Use the WItholding Calculator on the IRS website. It's a great tool.
zyggyNot TellingCanada2009-04-02 13:27:00
CanadaThe IRS/CRA Income Tax Thread
QUOTE (Caladan @ Mar 16 2009, 11:20 AM) <{POST_SNAPBACK}>
Two quick questions:

1) C. filed as a deemed non-resident of Canada last year. This year, he had some income in Canada though he is still a U.S. Resident. What Canadian tax form do we use? The same one as last year? (C. is disagreeing with me about this.)



If he had the non-resident tax withheld, the he doesn't file anything. If he had normal income tax taken out, he would file a non-resident return.

QUOTE (Caladan @ Mar 16 2009, 01:29 PM) <{POST_SNAPBACK}>
Oop, question #2: C. worked in Canada. He moved here in 2007, was a resident of the U.S. and Connecticut for all of 2008. This means form 1116, not 2555, right, for his foreign income?



Correct. YOu can't use 2555 anymore.

QUOTE (Southern_Canadian @ Mar 17 2009, 12:46 PM) <{POST_SNAPBACK}>
Hey,

I've been reading this thread looking for some answers but I just can't seem to find the answer to my questions. If you have answered these questions before, I apologize. But maybe someone could copy and paste the answers? LOL

My husband, US citizen, filed for his taxes separately. I will be getting my SSN any day. When I get it, I file file for my taxes separately as well. Since I am filing separately wiill I have to claim my husbands income? Also, I only have one copy of my Canadian T-4, will a photocopy of my T-4 be acceptable?

When doing my Canadian taxes, I recently told that I have to claim my husbands US income. Is that true?!

That's all. Thanks for the help biggrin.gif



YOu should not have filed seperately. I would file an amended return and file jointly.
zyggyNot TellingCanada2009-04-02 13:21:00
CanadaThe IRS/CRA Income Tax Thread
QUOTE (SonoranSongbird @ Mar 27 2009, 12:27 PM) <{POST_SNAPBACK}>
Okay, I just want to say thank you to Zyggy. It took me a while to get through this thread, but I think you have answered my questions about whether we can exclude hubby's income from before he moved down even if we elect to treat him as a resident alien for tax purposes.

Well, at least you've answered all the questions I have now---when I start filling out the forms, I may have more! Nonetheless, you've demystified the process quite a bit and have been a MAJOR help.

One question I do have though: My husband transferred his life savings through a series of wire transfers. We were told that it was reported to the IRS, not because it is taxable income (heh, it isn't income), but because they keep track of large transfers of money to guard against money laundering and/or funding terrorism). The question is what if anything do we have to report and/or document to make sure the transfers are not treated as something other than transfers of an immigrant's savings?


You do not need to report anything to the IRS. The transfers were not reported to the IRS, they were reported to the Financial Crimes Enforcement Network. Completely different agency.
zyggyNot TellingCanada2009-03-30 16:13:00
CanadaThe IRS/CRA Income Tax Thread
QUOTE (rentua @ Mar 10 2009, 10:37 AM) <{POST_SNAPBACK}>
Well, here's my situation:

I'm a US citizen and married my Canadian wife on 1/20/08.
She entered the US on 12/7/08 under a CR1 and lives in the US full time. She has her SSN now.
She works as a teacher in Windsor and continues to commute across the border to Windsor everyday for work.
So here are my questions:

US taxes:
1. I believe she can file with me as MFJ because she passes the Green card test. Is this correct?
2. I think I need to report all world-wide income and take the Foreign Earned Income exclusion. Is that correct?
3. How do I enter her T4 information in TurboTax?
4. How do I check whether it's better to take the deduction or credit in TurboTax?

Can taxes (QuickTax):
1. What is my wife considered for tax purposes? Non-resident? Deemed resident? Deemed non-resident? She paid her rent up through the end of Dec 2008. I tried using all ways in QuickTax and I end up owing a lot when I choose Non-resident.
2. What is her tax home? Would it be Canada since she works there full time?
3. What is the "leaving Canada" tax form? How do I file it?

These are questions I have for now. I'm sure there will be additional ones later on. I'd rather not pay someone to do this for me, but I'm really struggling with all of this.
Thanks.


US

1) Yes.
2) No.. She can only exclude the income that was earned before she got her green card. Everything after her green card requires using the foreign tax credit
3) As normal wage income.
4) You have to do multiple scenarios and see which one works best.

Canada.

1) She was a Canadian resident up to the day she got her Green Card. She's a non-resident after that.
2) Canada was her tax home up to the day she got her green card. The US was her tax home after that. Did she notify her employer so they take non-resident tax out?
3) A leaving Canada return is a T1 with the date she left Canada put in the first page. It's filed to the international tax services office, so she cannot e-file. Just to let you know, QuickTax does not support what we need to do.

Edited by zyggy, 11 March 2009 - 04:43 PM.

zyggyNot TellingCanada2009-03-11 16:42:00
CanadaThe IRS/CRA Income Tax Thread
QUOTE (mwinburn @ Mar 9 2009, 06:50 PM) <{POST_SNAPBACK}>
Okay, I'm having a bit of trouble with the 1116 versus 2555 thing as well. Here's a quick summary of how I'm using each, and the line I'm stuck on.

Wife had employment in Canada through April. We put all of that income on 2555, which adds to my wages shown on my 1040, line 7. I then get a credit for it on the 2555. I believe that part looks right, though it does decrease my refund by a few hundred dollars, which I wasn't expecting.

Wife also received EI after coming to the States. That income went on the 1116 (and does not add to my wages shown on my 1040, line 7). I ran this through TurboTax twice and got two different values for the foreign tax credit. Apparently the discrepancy involves 1116, line 3d. So, my question is simple - should that number be only the amount of the EI, or should it include EI and employment wages for my wife?

I believe it should only be EI, as the wages are already included on 1040, line 7, but TurboTax has the most confusing description for how that line works, and I'm confused.

Thanks!


The instructions for the 1116 clearly state that you must include the excluded income from the 2555 as well as the foreign income included on the 1116 for Line 3d. You also include the 2555 income for calculating Line 3e.

Edited by zyggy, 09 March 2009 - 09:02 PM.

zyggyNot TellingCanada2009-03-09 21:01:00
CanadaThe IRS/CRA Income Tax Thread
QUOTE (daisylynn @ Mar 7 2009, 08:02 PM) <{POST_SNAPBACK}>
crying.gif

This is seriously how I feel right now!

Just when I thought I had it all figured out too!

Ok, so I'm trying to fill out the 1116. I can't even figure out how to fill that thing out! Is it suppose to be hard to fill out?

I can't find the 2555. Is it the -T or -S? I see both in Turbo Tax and click on them but it won't pull up the form. If the 1116 is giving me this much trouble, I don't even know if I want to see the 2555.

I realized when I was starting to do these (or attempt anyway) that I don't have SSN's for our kids! I have no idea how I let that one slip by. How long does it usually take to get them? Will I get them in time to file by the deadline??

It says that we can file for EIC. I haven't seen that mentioned on here and wanted to make sure I wasn't missing something before I file for that.

And is there anything special about the state tax or do we just file that as normal? Are there extra forms for that, do we have to include anything else?

I keep seeing that turbo tax is suggested on here. Will I be able to fill it out completely with this situation and not have to paper file?

helpsmilie.gif More confused than ever! sad.gif


Nope.. both forms are easy to fill out. I have no idea what a T or an S are.. There's a Form 1116 for a Trust (T), an Estate (S?) and for an individual. You want the individual. For the 2555 there's the regular form and the EZ. YOu should only need the EZ.

Definitely need SSN's for the kids. Probably take about a month to get. So you're close. You can always file for an extension and then file until you get them. BUt you need to estimate how much you may owe and then send a check in before April 15th.

You should be able to efile using Turbotax. You may not have the right version to support you though. For the 1116 and 2555, you need their highest personal version. (Premier I think)


I don'tknow what your state requires. Each state is different, but you'll be filing a part year resident return of some kind.
zyggyNot TellingCanada2009-03-08 14:21:00
CanadaThe IRS/CRA Income Tax Thread
QUOTE (Liz-n-Ol @ Mar 6 2009, 01:51 PM) <{POST_SNAPBACK}>
QUOTE (zyggy @ Mar 6 2009, 12:24 PM) <{POST_SNAPBACK}>
QUOTE (Liz-n-Ol @ Mar 5 2009, 08:20 AM) <{POST_SNAPBACK}>
Moved to USA in Nov 2007.
I live in VA and work at the Canadian Embassy (subject to Canadian Taxes - T4) and also have a PT job with an American Employer -W2..
I'm a Canadian Citizen.

Married in Jan 2008 to a US Citizen who works for a US Employer-W2 (nice and straight forward)

We also bought a house in Nov 2008.


So, Is there anyway possible that I can do our Taxes myself with Tax software for Canada and the US? or do I need to shell out $1000 and get an accountant who can do both US & Canadian Taxes to do it for us?

HELP!

I have an appt with H&R Block on Saturday.. apparently this is the only office in the area that can do Canadian & American....


I would not go to H&R Block. I've worked there and quite honestly, you're in a very, very special case since you work at an embassy, with a green card. There will likely be tax treaty provisions involved and they are definitely not equipped to handle that. Your Permanent Reisdnecy status could be jeopardized if you don't do things right, the IRS and CIS recently did an amnesty program (2006) for people in your situation because of so many problems and issues. I don't know the details of it, and it would take a lot of research on my part to do so. Better to go to a DC accountant who is familiar with doing returns for embassy employees. You don't want to see yourself get caught up in the same situation.

Ask around the embassy and see where people are doing their taxes. I suggest you make an appointment with one of them and ask very specific questions regarding the taxation situation with GC holders and embassy workers.

awww #######.. so no to going to H& R Block? =( My appt is in the morning! what specific questions could I ask the guy to see if he can actually handle this...?

PS. The Leafs beat the Caps last night! =) I'll post pics later



Trust me.. Block can't handle this. Don't waste your time.
zyggyNot TellingCanada2009-03-06 17:26:00
CanadaThe IRS/CRA Income Tax Thread
QUOTE (canuckle @ Mar 2 2009, 05:22 AM) <{POST_SNAPBACK}>
QUOTE (zyggy @ Mar 1 2009, 04:01 PM) <{POST_SNAPBACK}>
QUOTE (canuckle @ Mar 1 2009, 06:25 AM) <{POST_SNAPBACK}>
Hello ZYGGY -

Thank you very much for you time on this thread.

My situation is this.

I entered USA in Jan 06 and have been in the USA since then.
All my income is from my Canadian consulting company ( approx $50k per yr)

I have filed a 06 and 07 tax return in Canada and nothing ever in the USA.

- I got married to a US citizen May 08 and I now just got my Green Card in Feb 09

I have to do my 2008 taxes and I will claim all in the USA to the IRS.

Questions:
What forms do I fill out for CRA?
Should I go back and try to straighten out my 06, 07 returns and advise the IRS?
I guess my real question is 'how do I make this right with the IRS and CRA?


Based on your info, you were a tax resident of the US in 2006 and 2007. You must report your income from your consulting company to the IRS for these years. (In reality it really wasn't a Canadian consulting company in the eyes of US tax law, unless you had Canadian income taxes witheld from your receipts. I doubt if that was the case, but if it was that would make it an important distinction. I am assuming that Canadian income taxes were not withheld for my answers) You would report the income on Schedule C if you are treating yourself as self-employed.

1)In 2007, did you file as a Canadian resident? You shouldn't have, but if you did that could also be important.

2) Depending on the answer to 1) you may need to file your 2006, 2007 and 2008 taxes with the IRS. Hire an accountant to help you with this. Be prepared to pay significant penalties and interest for the self employment taxes that you're going to owe. You're going to need the expert help to minimize the amount of possible penalties and interest you could owe.

To get the best help, you need to speak with a professional that you can open the books to, preferably one who is familiar with cross border taxation. But your treatment should have been as self-employed in the US as soon as you came here permanently. Based on what you have written, filing as a Canadian resident in 2007 was likely in error. You may need some help to undo what you have already done, or strategize how to expalin your tax residency if it should come up with the IRS if necessary.

Your situation could be a slightly difficult one. Expert advice is essential.


Thank you!
In 2007 I did file as a Canadian resident. The reason was that ever since I was in the US from 2006 I really thought I would be going back to Canada. Time went on then I was in an 'overstay' position in the USA. I got married in 2008.

I had a feeling I would have to report all my income since 2006 to the IRS to make sure things are right in their eyes. Now for 2008 - what forms or entries do I fill out for my Canadian returns?

Thanks again,
Can we hire your services? blink.gif




I've been reading up on your situation. It appears there are tax treaty provisions that deal with your business situation. It's a fairly complex tax situation. Essentially, you have your Canadian corporate income, but pay yourself in the US. You will have a US Tax burden in your salary. How you expense things goes a long way toward minimizing your tax situation and filing the proper forms to shelter your Canadian corporate income under the tax treaty is important.

Cross border corporate taxation isn't really my bag.. Let's just say I know enough to be dangerous. I can point you in the right direction and help give you information to ask the right questions, but someone who deals with these situations more than I do is best for dealing with the details. Good Luck.

Edited by zyggy, 06 March 2009 - 11:35 AM.

zyggyNot TellingCanada2009-03-06 11:33:00
CanadaThe IRS/CRA Income Tax Thread
QUOTE (daisylynn @ Mar 5 2009, 06:28 PM) <{POST_SNAPBACK}>
Thanks Zyggy! That clears up a lot!

Are you serious about having to pay back the UCCB??? I mean, I know you're serious, but that's rediculous! I called as soon as we moved and they still paid us for that month plus one more month...for 3 kids!!! How the heck am I suppose to pay that back? Will they just take it from my taxes? (what little they are giving us?? mad.gif )

So, all of his income plus the UCCB goes on 2555 and the RRSP (taxed the 25%) goes on 1116? And those are the only two extra forms I need to worry about?

I can't believe I almost have this all understood! Thank you SOOO much!!


Prima fascie, I would say yes... it looks like you've got things under control.
zyggyNot TellingCanada2009-03-06 11:27:00
CanadaThe IRS/CRA Income Tax Thread
QUOTE (Liz-n-Ol @ Mar 5 2009, 08:20 AM) <{POST_SNAPBACK}>
Moved to USA in Nov 2007.
I live in VA and work at the Canadian Embassy (subject to Canadian Taxes - T4) and also have a PT job with an American Employer -W2..
I'm a Canadian Citizen.

Married in Jan 2008 to a US Citizen who works for a US Employer-W2 (nice and straight forward)

We also bought a house in Nov 2008.


So, Is there anyway possible that I can do our Taxes myself with Tax software for Canada and the US? or do I need to shell out $1000 and get an accountant who can do both US & Canadian Taxes to do it for us?

HELP!

I have an appt with H&R Block on Saturday.. apparently this is the only office in the area that can do Canadian & American....


I would not go to H&R Block. I've worked there and quite honestly, you're in a very, very special case since you work at an embassy, with a green card. There will likely be tax treaty provisions involved and they are definitely not equipped to handle that. Your Permanent Reisdnecy status could be jeopardized if you don't do things right, the IRS and CIS recently did an amnesty program (2006) for people in your situation because of so many problems and issues. I don't know the details of it, and it would take a lot of research on my part to do so. Better to go to a DC accountant who is familiar with doing returns for embassy employees. You don't want to see yourself get caught up in the same situation.

Ask around the embassy and see where people are doing their taxes. I suggest you make an appointment with one of them and ask very specific questions regarding the taxation situation with GC holders and embassy workers.

Edited by zyggy, 06 March 2009 - 11:28 AM.

zyggyNot TellingCanada2009-03-06 11:24:00
CanadaThe IRS/CRA Income Tax Thread
If you DCFed, you got your GC on entry, you pass the Green Card test, so not statement is required for you dailylynn.

If you DCFed, you got your GC on entry, you pass the Green Card test, so not statement is required for you dailylynn.
zyggyNot TellingCanada2009-03-04 21:55:00
CanadaThe IRS/CRA Income Tax Thread
If you DCFed, you got your GC on entry, you pass the Green Card test, so not statement is required for you dailylynn.
zyggyNot TellingCanada2009-03-04 21:55:00
CanadaThe IRS/CRA Income Tax Thread
QUOTE (daisylynn @ Mar 3 2009, 10:35 AM) <{POST_SNAPBACK}>
Zyggy, first of all, thank you SO much for all of your time and help!

I'm so sorry for my continued questions but I'm still confused on a couple of things.

I've done my Canadian taxes by hand. Is it worth it to purchase Ufile just to compare to see if I did them right? Or is that just going to be a waste of money?


it never hurts to have a little check. See if you can get it free from someone who's used it and load it on your computer. Or better yet, use one of the on-line services that only chanrge you if you file. You won't be e-filing anyways, so it won't matter if you borrow it.

QUOTE
On to the US taxes...

So, I know that on my CDN return, I had to count money paid to dh after we left Canada as money paid while we were still there. But on the US return, so I count that money on the 2555, just like with the rest of the money he made while in Canada or do I have to do something differently with it since we received it after we moved. The 25% wasn't taken out, so I'm assuming we just put it on the 2555 with the rest. And the UCCB-is there some place to put that on the US return? I put that on my return in Canada, since I was the one who didn't make any money. Where does that go on the US return?


Yes, you would put it on the 2555 just like the rest.The UCCB payment would be placed on the 2555. If you received any UCCB after your leaving Canada date, you'll be getting a bill for it back.

QUOTE
I've seen mentioned about a letter to be sent in with the US return. Does everyone need to send in a letter or was that for special circumstances?


if you aren't a tax resident of the US through the significant presence test (in the US for more than 6 months) or the green card test (you received your GC in 2008), you would not be considered a tax resident of the US. However, your spouse can declare their intention to treat you as a resident alien for the entire tax year to be able to file as married filing joint for 2008. You do this by filing a statement of this election with the return.

QUOTE
form 1116-I'm still not clear on what this is for. I think I'm suppose to fill out the 2555. Do I fill out one or the other or both?

You can fill out one, the other or both depending on your circumstances. One (2555) is used to exclude foreign income if one was a tax resident of another country for an aggregate of 12 months, the other (1116) is used to take a credit of foreign taxes paid.

Generally in most of our cases, you use the 2555 to exclude foreign income earned before one entered the US and the 1116 to take a credit of the 25% non-resident tax on things like EI income. I gave a pretty good summary of this topic earlier in this thread.

QUOTE
There was a link posted awhile back to a site of a man (another tax preparer maybe?) that I had posted a question to. I can't find the site now and I've gone back through this entire thread several times and can't find the link again. Does anyone know what I'm talking about and where I can find that link?

Much much thanks!


No idea, but hope this helps.

Zyg

Edited by zyggy, 04 March 2009 - 09:49 PM.

zyggyNot TellingCanada2009-03-04 21:48:00
CanadaThe IRS/CRA Income Tax Thread
QUOTE (JillA @ Mar 1 2009, 03:01 PM) <{POST_SNAPBACK}>
QUOTE (zyggy @ Mar 1 2009, 03:48 PM) <{POST_SNAPBACK}>
QUOTE (JillA @ Feb 28 2009, 07:25 PM) <{POST_SNAPBACK}>
Hi Zyggy,

US Tax Question

My husband (USC) and I (nonresident alien) are using TurboTax but won't file electronically, because I know we have to submit a letter stating that I choose to be treated as a resident alien for tax purposes. So my question is, do I also have to fill out form 2555 along with the 1040 and my letter? Also how do I convert my $$ earned in Canada in 2008, is there a specific website to use for conversion purposes? Also I cashed in my company pension but got taxed in Canada on this already when I left my job, must I include this amount under "foreign earned"? Or can I just enter the amount from my T4 and T4E (Canadian EI).

Thanks very much,

Jill



Based on your very limited info, I submit the following:

1) Yes - Use Form 2555, the letter and the 1040
2) The answer has been address in this thread already. Please read further for the answer
3) All foreign income to be excluded must be reported on the 2555. As long as this was done before you left Canada, it would be included on the 2555.

Are you still in Canada, or have you immigrated to the US yet? Very important.



Hi Zyggy,

Thanks, I found the conversion info. I immigrated to the US on Nov. 15, 2008.


Okay.. then yes... do as above.

EI income with 25% non-resident tax would be converted to US and taken as regular income. Non-resident tax would be taken as foreign tax credit using Form 1116. Also, you should consider filing your leaving Canada return under Section 217 if you earned no other US income. If your Canada source income would put you over the 25% tax bracket for your Federal +provincial, then Section 217 would not be in your best interest.

Edited by zyggy, 01 March 2009 - 05:10 PM.

zyggyNot TellingCanada2009-03-01 17:07:00
CanadaThe IRS/CRA Income Tax Thread
QUOTE (canuckle @ Mar 1 2009, 06:25 AM) <{POST_SNAPBACK}>
Hello ZYGGY -

Thank you very much for you time on this thread.

My situation is this.

I entered USA in Jan 06 and have been in the USA since then.
All my income is from my Canadian consulting company ( approx $50k per yr)

I have filed a 06 and 07 tax return in Canada and nothing ever in the USA.

- I got married to a US citizen May 08 and I now just got my Green Card in Feb 09

I have to do my 2008 taxes and I will claim all in the USA to the IRS.

Questions:
What forms do I fill out for CRA?
Should I go back and try to straighten out my 06, 07 returns and advise the IRS?
I guess my real question is 'how do I make this right with the IRS and CRA?


Based on your info, you were a tax resident of the US in 2006 and 2007. You must report your income from your consulting company to the IRS for these years. (In reality it really wasn't a Canadian consulting company in the eyes of US tax law, unless you had Canadian income taxes witheld from your receipts. I doubt if that was the case, but if it was that would make it an important distinction. I am assuming that Canadian income taxes were not withheld for my answers) You would report the income on Schedule C if you are treating yourself as self-employed.

1)In 2007, did you file as a Canadian resident? You shouldn't have, but if you did that could also be important.

2) Depending on the answer to 1) you may need to file your 2006, 2007 and 2008 taxes with the IRS. Hire an accountant to help you with this. Be prepared to pay significant penalties and interest for the self employment taxes that you're going to owe. You're going to need the expert help to minimize the amount of possible penalties and interest you could owe.

To get the best help, you need to speak with a professional that you can open the books to, preferably one who is familiar with cross border taxation. But your treatment should have been as self-employed in the US as soon as you came here permanently. Based on what you have written, filing as a Canadian resident in 2007 was likely in error. You may need some help to undo what you have already done, or strategize how to expalin your tax residency if it should come up with the IRS if necessary.

Your situation could be a slightly difficult one. Expert advice is essential.

Edited by zyggy, 01 March 2009 - 04:03 PM.

zyggyNot TellingCanada2009-03-01 16:01:00
CanadaThe IRS/CRA Income Tax Thread
QUOTE (JillA @ Feb 28 2009, 07:25 PM) <{POST_SNAPBACK}>
Hi Zyggy,

US Tax Question

My husband (USC) and I (nonresident alien) are using TurboTax but won't file electronically, because I know we have to submit a letter stating that I choose to be treated as a resident alien for tax purposes. So my question is, do I also have to fill out form 2555 along with the 1040 and my letter? Also how do I convert my $$ earned in Canada in 2008, is there a specific website to use for conversion purposes? Also I cashed in my company pension but got taxed in Canada on this already when I left my job, must I include this amount under "foreign earned"? Or can I just enter the amount from my T4 and T4E (Canadian EI).

Thanks very much,

Jill



Based on your very limited info, I submit the following:

1) Yes - Use Form 2555, the letter and the 1040
2) The answer has been address in this thread already. Please read further for the answer
3) All foreign income to be excluded must be reported on the 2555. As long as this was done before you left Canada, it would be included on the 2555.

Are you still in Canada, or have you immigrated to the US yet? Very important.
zyggyNot TellingCanada2009-03-01 15:48:00
CanadaThe IRS/CRA Income Tax Thread
QUOTE (EED @ Feb 26 2009, 03:06 PM) <{POST_SNAPBACK}>
Hi Zyggy.

Just found out we also have couple of T5s to report, 1 for a savings acct interest and the other for a non-registered GIC that will not mature until 2010. Can we report these as a US income i.e. 1099? Or do I have to do report this as foreign income? I am also assuming that both T5s are reported in the same manner.

Thanks again for your help.


You would report it as regular interest income on a Schedule B after you convert it to US Dollars.
zyggyNot TellingCanada2009-02-26 18:23:00
CanadaThe IRS/CRA Income Tax Thread
QUOTE (jhunjhun @ Feb 25 2009, 11:18 PM) <{POST_SNAPBACK}>
Do I need to prorate the total CPP contributions deducted based on the # of days I spent in Canada?



Please read above.
zyggyNot TellingCanada2009-02-26 13:24:00
CanadaThe IRS/CRA Income Tax Thread
QUOTE (daisylynn @ Feb 25 2009, 05:22 AM) <{POST_SNAPBACK}>
Ok I'm back.

So, after spending TOO much time trying to figure out our Canadian taxes last night, I'm so frustrated! It shows we are getting back a HUGE amount less then we were expecting. It's about 1/6 of what we would normally have gotten back (bases on the last several years). I knew it would be less, but that much less seems like a lot. Is that normal?

After doing them, I've come up with yet another question. I prorated the federal as well as the provincial. The number of days I used was the time we were actually in Canada. We physically left on May 31, so that's what I counted to. But then I realized that dh's work was still paying him for 9 weeks after we left. We were already in the US but it was still getting deposited into our Canadian bank account. They weren't taking off the 25% NR tax, just taxing it as normal. So, should I (or can I even) use the number of days up until we stopped receiving checks from them? Or do I have to use the time until we actually left Canada? Is this why it seems all messed up or would it even make a difference?

Is there something I'm missing?



Daisylynn...

Of course, if you were paid a large severance and you are limited to the deductions you can take on it based on your time in Canada (including getting popped for a full OHIP premium), I would absolutely anticipate a much less advantageous tax situation. Don't feel bad, my wife got the good bye tax shaft as well. All you can do is may sure you dotted all your eyes and crossed your t's, shrug it off, and move on.

Edited by zyggy, 25 February 2009 - 09:24 PM.

zyggyNot TellingCanada2009-02-25 21:23:00
CanadaThe IRS/CRA Income Tax Thread
FOr my reply above see the following correction...

QUOTE
The personal exemption must be reduced by the days in Canada vs. days not resident. I do not see anywhere in the booklet where it states that the personal exemption can be taken in full with the 90% canada source income anount. I only see that it applys for the circumstances outlined above.


Add "or if you elect to file under Section 217."
zyggyNot TellingCanada2009-02-25 21:20:00
CanadaThe IRS/CRA Income Tax Thread
Ontario Information

Newcomers to Canada and emigrants
If you prorated any of the amounts you claimed on
lines 300 to 306, 315, 316, 318, 324, and 326 of your federal
Schedule 1, you have to prorate the corresponding Ontario
amounts at lines 5804 to 5820, 5840, 5844, 5848, 5860, and
5864

For the OHIP premium the "end of year" is defined as December 31st or the date you left Canada, so you have to pay what you owe based on your income that year, even if you leave Canada early in the year. Of course, if that amount is less than $20,000, you owe nothing.


zyggyNot TellingCanada2009-02-25 21:18:00
CanadaThe IRS/CRA Income Tax Thread
Okay.. I've looked into things and that is what I have found.

Most non-refundable tax credits must be prorated based on the days you were in Canada. There are exceptions where the proration is not based on days, but can be used as long as your worldwide income is at least 90% Canada sourced income. Those credits are as follows:

? Canada Pension Plan or Quebec Pension Plan
contributions;
? Employment Insurance premiums;
? the disability amount (for yourself);
? interest paid on loans for post-secondary education made
to you under the Canada Student Loans Act, the Canada
Student Financial Assistance Act, or similar provincial or
territorial government laws;
? the tuition amount (for yourself); and
? donations and gifts.


If you are taking the full amount, you must attach a statement that outlines your Canada SOurce Income and your worldwide income and show that your Canada source income is at least 90%.

The personal exemption must be reduced by the days in Canada vs. days not resident. I do not see anywhere in the booklet where it states that the personal exemption can be taken in full with the 90% canada source income anount. I only see that it applys for the circumstances outlined above.

Daisylynn.. the only pitfall that I have seen for Ontario is that you must pay the OHIP premium in full even if you have been in Canada for only a portion of the year.

Edited by zyggy, 25 February 2009 - 09:13 PM.

zyggyNot TellingCanada2009-02-25 21:11:00
CanadaThe IRS/CRA Income Tax Thread
Okay.. let's clear the air a little bit. Several people have inquired about getting payment from their employers several weeks after that have terminated their employment in Canada.

If the payments were treated as if you were a resident (i.e. no 25% taken out), that amount should be treated for tax purposes as a severance that was paid on the date of termination, even though they may pay it out to you over a certain period of time for either your or their convenience.

I'm going to read up over the next few days to fully answer the other questions from jhun and daisylynn




zyggyNot TellingCanada2009-02-25 20:48:00
CanadaThe IRS/CRA Income Tax Thread
QUOTE (Darryl @ Feb 24 2009, 07:00 PM) <{POST_SNAPBACK}>
Hi Zyggy,

You asked that I post this in the thread so here it is. ANy help is appreciated. I've seen your posts and you seem to be the resident expert here on US/Canadian taxes. I'm wondering if you may be able to help me with a couple of questions about an RRSP sale (while living is US). My wife and I have been living in the US for about 2 years now and in 2008 we sold our last RRSP in Canada. We paid the 25% non resident tax to the Candian gov't.

So to do our US tax return we've been getting mixed information about the amount we record on the US return. Some people say you only have to record the gains on the RRSP between the day you left Canada and the day you sold them, and other people say you have to list the entire amount of the sale (in US dollars) on your US return as income on the 1040 - so a $10 000 sale = $10 000 of extra income which really affects our return.

I'm hoping its just the gains, as this would make more sense considering we've already paid the 25% non-resident tax to Canada and (from what I've read about the 2008 tax treaty) the US treats it at that point like an IRA - so when you cash it out you just pay the capital gains. We went to two accountants and they both did it opposite - one just the gains, the other the full amount. The difference in our return is amlost $2000 so we want to make sure we're doing it the right way. Any information you could pass along would be really helpful and greatly appreciated!

Thank you

Darryl


Darryl,

You need to use Form 8891 to declare the amount you have in your RRSP's. You also have to declare the amount that you took as a distribution from the RRSP. As you can see from this form, any distribution you take from an RRSP is fully taxable as pension income.

In the US if you take a distribution on an Traditional IRA, the full amount of the distribution is taxable. I don't know where you got the idea that only the gains were taxable.

For a Roth IRA, the gains are not taxable and the distribution is not taxable either since the contribution was using funds that were already taxed.

You would take the 25% non-resident tax that Canada took out as a foreign tax credit using Form 1116.
zyggyNot TellingCanada2009-02-25 20:43:00
CanadaThe IRS/CRA Income Tax Thread
QUOTE (Texanadian @ Feb 23 2009, 11:04 PM) <{POST_SNAPBACK}>
QUOTE (jhunjhun @ Feb 23 2009, 03:21 PM) <{POST_SNAPBACK}>
Hello zyggy, I would like to know if it's alright to use the basic personal amount in federal tax schedule 1 without prorating it based on the number of days I spent in Canada before until I left. Someone told me before that I can use the basic personal( 9600) instead of doing the prorate. What do you think? Thanks!


For the part you live in Canada, you pro rate it.

For the part where you live in the USA, if over 90% of your worldwide income is Canadian sourced, you can use the full year's personal exemption amount. Also if you had zero income after moving to the USA, you can use the full basic personal amounts as well.

I'd advise everybody to read up on the Emigrants and Income Tax 2008 pdf file. It's T4056 that you want to search for.



THe only way they can know that is you opt to file as Section 217, since one would be filing based on their worldwide income for the entire year. If the above were the case, it may be the most beneficial to file as Section 217 anyways.

If you're not filing as Section 217, you're likely going to have to prorate the exemptions.

Jhun's example is probably a good one to show that it would likely be more beneficial to file as Section 217. Jhun, I suggest you do it both ways and file the way which gives you the better tax treatment. My gut feel is Section 217 is the better option.

Edited by zyggy, 24 February 2009 - 05:01 PM.

zyggyNot TellingCanada2009-02-24 16:59:00
CanadaThe IRS/CRA Income Tax Thread
QUOTE (jhunjhun @ Feb 23 2009, 02:21 PM) <{POST_SNAPBACK}>
Hello zyggy, I would like to know if it's alright to use the basic personal amount in federal tax schedule 1 without prorating it based on the number of days I spent in Canada before until I left. Someone told me before that I can use the basic personal( 9600) instead of doing the prorate. What do you think? Thanks!


You have to prorate it...
zyggyNot TellingCanada2009-02-23 17:10:00
CanadaThe IRS/CRA Income Tax Thread
QUOTE (jhunjhun @ Feb 22 2009, 11:19 AM) <{POST_SNAPBACK}>
I have few questions for Canadian tax return. I tried to do my Canadian tax return using Ufile and seemed very straightforward, however the problem was, it asked my residency on Dec 31 2008. When I put Saskatchewan it will give me a form " Income Tax and Benefit Return" however, when I chose non-resident ti gave me " Non-resident and deemed resident form" and my refund has changed quite a bit from $1093 ( deemed or non-resident) to $1169 ( resident of Saskatchewan). I know that because I'm a resident of Saskatchewan for yr 2008, I should be using my province tax form. It would be nice if I were a non-resident of Saskatchewan and file my tax return using efile. It's hard to understand by using tax software that doesn't support everything that I was a resident of Saskatchewan for part of the year and on Dec 31 2008 I was not. It only gives me 2 type of tax forms if using ufile ( for a resident and deemed or non-resident ).

Do you think this is good comaprison when I'm working on this in paper return? I already did the return and my refund in paper was quite close to each other a little off of $7. When doing my tax return using ufile -it was free may be my income was not much.


The tax programs break down in our situation. You have to use the program as a guide and then adjust the numbers by hand. You use the resident tax forms, but you'll have to manually adjust the deduction numbers and put in the date you left Canada.
zyggyNot TellingCanada2009-02-23 12:10:00
CanadaBank can't handle investments anymore
The fact that they can't keep your money becauxse you move to the US is a load of #######. They absolutely can keep it there. My wife's stuff is at investors. I would go talk to a supervisor, or someone higher up. My wife still has all of her accounts there.

No whether you want to or not is another matter. I would talk to a cross border tax expert on the best method of handling the transfer from a tax situation and choose the better path. The 25% non resident tax is something you may not want to deal with, if you only have to handle capital gains.

Edited by zyggy, 17 August 2009 - 01:24 PM.

zyggyNot TellingCanada2009-08-17 13:24:00
Canadaprevious marriage.. same sex
A good way to try to check your emotions is to understand that the nature of personal questions is not a reflection on you, it's a reflection of finding the truth to make an informed decision. They are doing their job which is to determine the eligibility of an individual to receive a benefit.

It's business not personal. That's tough to soak in because getting an immigration visa to be with your family is a very personal issue, but they don't see it that way and neither should you. If you understand their perspective and keep that in mind, you can tailor your responses to meet that perspective. Do that and you're most of the way there.

Edited by zyggy, 29 September 2009 - 12:23 PM.

zyggyNot TellingCanada2009-09-29 12:22:00
Canadaprevious marriage.. same sex
QUOTE (KnJ @ Sep 28 2009, 01:26 PM) <{POST_SNAPBACK}>
QUOTE (zyggy @ Sep 28 2009, 12:48 PM) <{POST_SNAPBACK}>
Your problem is going to be one of legitimacy. Since you have had a same sex relationship in the past, the presumption is that you will continue that type of relationship. Since one cannot immigrate to the US based on that type of relationship, the presumption by the consular officer would likely be that you're using a male as a proxy to gain entry to the US to have a relationship with a US woman.

And despite comments to the contrary, the consular officers are not dummies. Only the best and brightest are chosen to enter the foreign service. It's one of the toughest jobs to get in the US government.

Tread lightly and be prepared for some difficult questions and perhaps even an investigation on this matter. Be prepared with evidence to refute their presumption. Don't be surprised if they don't make a decision immediately after the interview.


While intelligent people have presumptions, I think it actually is pretty dumb to hold this particular presumption. It may be a legitimate question, but that is different from a presumption. Evidence of a bona fide relationship is evidence of a bona fide relationship.

A consular officer may ask me a question like, 'you were married to a woman before, but now you want to marry a man. How do I know this relationship is a real one and you aren't just trying to get into the US?' This question is requires me to explain my sexuality. So I can. I fall in love with a person, not a gender. I have always been attracted to both sexes. I have known J since 2004 and we started dating in 2006, and have spent hundreds of dollars and countless hours interacting and building a genuine relationship. Because of the nature of sexuality, no one can assert that my love for a man isn't genuine.


Good start. The point of my post was not to question you, but to give you awareness on the line of questioning they may go down and for you to be prepared with an answer that will satisfy them. The more written evidence you can provide, the better your chances of success. THe above is very factual and to the point.

QUOTE
The presumption also can't reasonably extend to the question of whether I would ever in the future leave J to be with a woman, that argument holds no weight because really, any marriage-based immigration applicant is more likely to get divorced than I am to suddenly become exclusive to women. I don't see much discussion of people generally getting hassled to prove that because they already had a divorce that they are more likely to fail in this marriage too and therefore shouldn't be admitted to the US. The 50% divorce rate would make this a handy, but ludicrous reason for denying people.

As long as the question stays in the PRESENT and on the validity of the relationship, not a problem. The fact he is coming with me will help. Being prepared makes sense, but being prepared to defend myself against an onslaught of greater scrutiny is probably only going to stack the stress level against being able to calmly and effectively answer their questions.

Same sex marriage became legal in Canada, and that is the only reason this is even something on record. They've let thousands of people by who have had same sex relationships. This is in the documents, yes. But it's not a crime, it was in fact legal, and objectively doesn't have ANYTHING to do with how legitimate my current engagement is.


THis is not to the point and is a red herring. You are trying to misdirect them by tying the success of relationship whether they are same sex or not. This line of thinking will not help your case. It will most likely hinder it. Just to let you know, one of the worst things you can do is be defensive. It shows you may have something to hide. It is extremely important to be objective and factual when faced with pointed questions on the very personal nature of your relationship. Stay calm, factual and to the point and you will be rewarded. Be emotional and defensive and you will be dissapointed. I know that's harder than it sounds but it's important to check your feelings at the door.

The Consular Officer is not interested on the moral validity of marriage whether it is same sex or not. They are interested in whether or not you are entering into marriage to circumvent the immigration laws. The fact that your previous marriage was a same sex marriage which is not valid for immigration purposes in the US and you are now entering into one that is not brings the validity of that marriage into question in terms of immigration. Focusing your potential response on that fact will increase your chances for success.

Always remember that the burden of proof is on you to show that you are eligible to receive the benefit of an immigration visa. The consular officer doesn't have to prove anything. THe INA is written to keep aliens out.

I'm just laying it plain based on my experience. CBP officers and Consular Officers receive much of the same training. Best of luck.

Edited by zyggy, 28 September 2009 - 06:59 PM.

zyggyNot TellingCanada2009-09-28 18:54:00
Canadaprevious marriage.. same sex
Your problem is going to be one of legitimacy. Since you have had a same sex relationship in the past, the presumption is that you will continue that type of relationship. Since one cannot immigrate to the US based on that type of relationship, the presumption by the consular officer would likely be that you're using a male as a proxy to gain entry to the US to have a relationship with a US woman.

And despite comments to the contrary, the consular officers are not dummies. Only the best and brightest are chosen to enter the foreign service. It's one of the toughest jobs to get in the US government.

Tread lightly and be prepared for some difficult questions and perhaps even an investigation on this matter. Be prepared with evidence to refute their presumption. Don't be surprised if they don't make a decision immediately after the interview.

Edited by zyggy, 28 September 2009 - 11:50 AM.

zyggyNot TellingCanada2009-09-28 11:48:00
CanadaEver see a fatality from an accident?
I was working at a prison building a new cell block, We were on one side of the fence, but on the prisoner side of the fence, I saw a guy take a shank and put it in another guys carotid artery. Blood everywhere. About 40 feet away or so.

The guard later said it was over a radio that the guy who died alegedly stole. The guy who killed him was sent to a solitary max prison.

zyggyNot TellingCanada2009-10-12 18:12:00