Forum	Title	Content	Member	Sex	Country	Date/Time
Canada	I will need to file another form I 212?	Hello to Everyone: I am new to this so please bear with me. Over 5 years ago I had been banned from the US on the grounds that I misrepresented myself as a US Citizen while trying to cross the border at the Detroit crossing. That is a long story and if you need to know how that came about I don't mind you asking. My concern is that the ban was for five years which is up. My now husband of almost five years has filed the I-30 and the I-29F and we are waiting for processing. Being the ban has expired on my overstay and mis representation, will I still need to file something for them to consider our application? You should definitely check with a lawyer on this, as from what I've read, some forms of misrepresentation can't be waved and are pretty much a lifetime ban. The ban on the overstay can obviously be waived usually with the I-212, but definitely check for the misrep. Good luck! A ban due to misrepresentation as a USC is permanent... I confirm that you definitely need to talk to an immigration attorney on this one..	zyggy	Not Telling	Canada	2007-04-30 10:02:00
Canada	Do I still have to file Canadian taxes if I don't live in Canada?	Apparently, it has been the experience of some people that CRA can, in some cases, be overly conservative when considering, based on remaining property and ties to Canada, whether or not a person is still a resident of Canada for tax purposes. Some of these people feel, and write rather convincingly, that CRA, given the opportunity to choose, have and will tend to rule that people are residents of Canada, even if the remaining ties to Canada are fairly thin (a few remaining bank accounts, RRSPs, maybe a cottage somewhere), in order to [somewhat self-servingly] maximize their own tax revenue. These authors make a case, in my opinion a not-unreasonable one, that it is better not to give CRA the opportunity to authoritatively rule on your Canadian residence, given any reasonable alternative. Clearly, if CRA request and require you to fill out an NR73, you have no option. But it is the considered opinion of these authors that this is not a course of action you should undertake willingly. They hold that the normal course of action - filling out a leaving-Canada tax return and then not filing any more - is perfectly in accordance with Canadian tax law and that voluntarily filing an unsolicited NR73 invites additional attention - almost certainly unwanted attention - from a government agency who's interests do not necessarily (or even likely) correspond with your own. I completely agree. Do NOT file an NR-73 unless CRA specifically requests it. Why subject yourself to undue scrutiny and the possiblility they rule against you when you don't have to. neiks does have a special situation. She lives in the US and still works in Canada as a Canadian Government employee. Edited by zyggy, 11 April 2011 - 07:51 AM.	zyggy	Not Telling	Canada	2011-04-11 07:50:00
Canada	Entered the US from Canada while K-1 pending	QUOTE (Crikey! @ Feb 18 2008, 11:43 AM) <{POST_SNAPBACK}> QUOTE (zyggy @ Feb 18 2008, 12:28 PM) <{POST_SNAPBACK}> QUOTE (Crikey! @ Feb 17 2008, 12:03 PM) <{POST_SNAPBACK}> QUOTE (Caladan @ Feb 17 2008, 10:27 AM) <{POST_SNAPBACK}> I was asked once, in Toronto, what C. did for a living. I'm not sure what the purpose of that question is either, but find it interesting that it gets asked on both sides of the border. I was told that it assists in determining a level of trustworthiness. Someone in a respectable position would carry a greater level of trustworthiness than someone who is unemployed or works in a strip club (or careers of that nature). I wouldn't call it trustworthiness per se... One of the key points about entering the US is the need to go back. Someone who had a relatively stable profession such as engineer or accountant, etc. would typically have a job one would want to go back to... a career.... someone who was say, a clerk at a 7-11 doesn't have the same kind of stability and would be more tempted to stay awhile to lay on the beach or something. Thanks for elaborating, Zyggy. QUOTE (Caladan @ Feb 18 2008, 01:11 PM) <{POST_SNAPBACK}> Right, I get why they'd ask me MY profession when I am crossing into Canada. I don't get why the Canadians would ask me HIS. I was always asked the same question, but in reverse. (Crossing into the US and CBP asking what my husband (the USC) does for a living.) I believe it goes back to the trustworthiness issue. Perhas Zyggy can elaborate on that one as well. Or Neiks, if she's around. That's usually asked more from a customs issue... Certain types of employment could result in you taking in stuff (like samples or product if a salesman)... or drugs if a doctor.. etc. Edited by zyggy, 18 February 2008 - 03:56 PM.	zyggy	Not Telling	Canada	2008-02-18 15:55:00
Canada	Entered the US from Canada while K-1 pending	QUOTE (Crikey! @ Feb 17 2008, 12:03 PM) <{POST_SNAPBACK}> QUOTE (Caladan @ Feb 17 2008, 10:27 AM) <{POST_SNAPBACK}> I was asked once, in Toronto, what C. did for a living. I'm not sure what the purpose of that question is either, but find it interesting that it gets asked on both sides of the border. I was told that it assists in determining a level of trustworthiness. Someone in a respectable position would carry a greater level of trustworthiness than someone who is unemployed or works in a strip club (or careers of that nature). I wouldn't call it trustworthiness per se... One of the key points about entering the US is the need to go back. Someone who had a relatively stable profession such as engineer or accountant, etc. would typically have a job one would want to go back to... a career.... someone who was say, a clerk at a 7-11 doesn't have the same kind of stability and would be more tempted to stay awhile to lay on the beach or something. Edited by zyggy, 18 February 2008 - 12:28 PM.	zyggy	Not Telling	Canada	2008-02-18 12:28:00
Canada	Entered the US from Canada while K-1 pending	I think it more likely that their questions were crafted in response to the answers that you gave... but I'm sure they were also looking up your entry record and seeing how many time you have been visiting "your guy".. ZYGGY! Just the man i was looking for.......maybe you know this. Can you share with us just how much and what kind of information is collected on us when we cross? It's been a topic of curiosity and discussion between me and a friend of mine. He says he asked one time and was told that each time we cross and why is recorded and can be "pulled up" by our i.d. and /or plate. How long is that info stored? I certainly would understand if you were limited to what you can share. Thanks ! Yes.. I do know... They know each and every time a vehicle with a particular plate has crossed... now that ID is required when you enter the US, they probably know individual information as well and definitely will know once passports are required.... can't share how long the information is collected... comments by particular officer can be entered into the system.. There's other stuff that is available on the screen in terms of identification, but I can't divulge that information...	zyggy	Not Telling	Canada	2007-03-20 15:45:00
Canada	Entered the US from Canada while K-1 pending	I think it more likely that their questions were crafted in response to the answers that you gave... but I'm sure they were also looking up your entry record and seeing how many time you have been visiting "your guy"..	zyggy	Not Telling	Canada	2007-03-20 15:27:00
Canada	Moving: Canada to USA. What company did u use to ship ur stuff?	QUOTE (trailmix @ Aug 9 2007, 10:47 PM) <{POST_SNAPBACK}> QUOTE (Len_and_Bren @ Aug 9 2007, 10:33 PM) <{POST_SNAPBACK}> QUOTE (zyggy @ Jun 25 2007, 06:38 AM) <{POST_SNAPBACK}> 2) Your good cannot be entered into the US before the owner of those goods does. Meaning your mover will not ship the goods until they have two things in hand.. The first is a completed CBP Form 3299 and the second is a copy of either a validated I-94 or the validated CR-1 visa to show that you have entered the US. Oh Wise man.... what if the stuff is the property of the USC (Bren)? Can it then go before he does? I need your advise you folks.... contribute to ameliorating my insanity plzzzzz Hi, My understanding of zyggy's post was that the goods can't enter the US before the owner does - however it's was based on the fact that they (as in the immigrant) will not have any status in the U.S. until their visa is validated. As Bren is already a USC, he should have no problem shipping his stuff. When my Sister shipped her stuff all the shipper asked for was documentation that she was 'allowed to be there' (she is a USC). In fact their stuff would have crossed the border before them if it hadn't been for the truck being stopped at the border because the shipping company forgot to get photocopies of their documents. I would recommend calling the border patrol if you would like further reassurance. Yes.. but then he may have to pay duty on anything that was over his exemption.... unless he can prove that he owned the items in the US and subsequently took them to Canada. He can do that through showing a manifest of the items that was stamped by Canada Customs when he entered the goods into Canada. SInce he is a US Citizen, he does not have the duty free exemption that immigrants have. You woud be better off if you entered the goods under your exemption since his is rather small ($1,600)... and yours is unlimited. And the Border Patrol has nothing to do with entry of goods. They are responsible for policing the border outside of a POE. CBP is responsible for entry of goods. Edited by zyggy, 15 October 2007 - 07:38 PM.	zyggy	Not Telling	Canada	2007-10-15 19:35:00
Canada	Moving: Canada to USA. What company did u use to ship ur stuff?	A couple of points.. 1) Unless you want some real problems with your move, only use one of the large transnational van lines to deal with your stuff. They know how to do cross country moves, have plenty of trucks to get your stuff when you need it in a timely manner, and know how to deal with CUstoms. If you use a smaller mover, you're asking for trouble... (lost stuff, customs issues, late arrivals, etc.) 2) Your good cannot be entered into the US before the owner of those goods does. Meaning your mover will not ship the goods until they have two things in hand.. The first is a completed CBP Form 3299 and the second is a copy of either a validated I-94 or the validated CR-1 visa to show that you have entered the US.	zyggy	Not Telling	Canada	2007-06-25 07:38:00
Canada	Canadian RRSP withdrawal and our US taxes	QUOTE (pegbert64 @ Jul 24 2008, 10:03 AM) <{POST_SNAPBACK}> Well, I *wish* I had millions! Alas, my total RRSPs were only around 20k, so not much incentive to keep them sitting in Canada until I retire. I'd rather just bring whatever money here, and have control over how I invest it (CDs, etc). Besides, my mutual funds were losing money!! Going by the 25% withholding, I'm assuming that I'll have to claim the approx 15k as income on our 2008 US tax return. Since I'm not working at the moment, and this could possibly be my only "income" this year, it's probably not a bad year for us to do this. Will I be able to apply the 25% withheld in Canada as a credit in the US? Thanks! Even better, if the distribution will be your only income, you will likely be able to apply for a refund of a portion of the 25% be filing a Section 217 return with CRA. Remember than Canadian taxes are filed on an individual basis, your spouse's income would not count for the Section 217. In essence, the Canadian Government will take no more than 25%, but if your worldwide income is such that your tax rate would be less than 25%, you get the difference back. For 15k, I would expect that you'd get about half of the witholded amount back. FOr your US return, you would claim the distribution as income, and then take the amount that Canada actually taxed you on it (25%-the Section 217 refund), as a foreign tax credit. Edited by zyggy, 24 July 2008 - 12:49 PM.	zyggy	Not Telling	Canada	2008-07-24 12:47:00
Canada	Tax Question	QUOTE (kcmetzy @ Oct 17 2008, 03:10 PM) <{POST_SNAPBACK}> QUOTE (zyggy @ Oct 17 2008, 04:55 PM) <{POST_SNAPBACK}> Do NOT file seperately unless it is absoltely necessary. Filing seperately is VERY rarely going to get you the better deal. File as MFJ, you must report the Canadian income that he earned before he resided in the US, but can subesequently exclude it using form 2555. It will result in a slightly higher tax than if it was not reported (since you only subtract the tax amount from the excluded income, not actually the income itself), but I guarantee you that it will be a better deal for you than filing as MFS. I have plugged it in both ways on hrblock.com calculator and filing separately seems to give us the most return. I have no idea why...maybe because he is self employed and is taxed so highly as it is?! The first time I did MFJ, included my income, included his Canadian income, included his U.S. income, excluded his Canadian income (2555) and we would owe $4,257 dollars in taxes. (We will have $5,000 saved by the end of the year). Leaving us with a total of $743 dollars left over. YUCK! When I typed in MFS, included my husbands U.S. income, included Canadian income, excluded Canadian income (2555), the total he owed was $3,645. I would actually get $516 dollars back from my portion of the return. The total that we get back by filing separately (even including his CAD income) is $1,871. When I typed in MFS, inputted my husband's U.S. income only (did not include CAD income), the total in taxes that he owes is only $3,272. On my part, I would still get a $516 return. The total that we would get back would be $2,244. Maybe the program doesn't handle complex cases like ours. I don't know. Thanks so much Zyggy for helping me. That fact that he is SE should't impact the final refund since the marriage penalty was taken away a few years ago. Those calculators are very simplistic are more written for people with a straight paycheck with straight deductions and tend to break down with more complicated cases, especially with SE issues. Remember that with MFS, only one of you can take the deductions. The other pretty much takes nothing, that may be why you're getting such a difference in your calculations. You may be adding in half the deductions for each of you or splitting the deductions in some way instead of giving it to only one. Do your return both ways when you get your final return to prove to yourself that you did the right thing. Always pick the route that gives you the bigger refund. But I'm pretty sure it's going to be MFJ. Edited by zyggy, 17 October 2008 - 05:21 PM.	zyggy	Not Telling	Canada	2008-10-17 17:16:00
Canada	Tax Question	Do NOT file seperately unless it is absoltely necessary. Filing seperately is VERY rarely going to get you the better deal. SInce your husband will be a tax resident of the US, he must report his worldwide income whether you file as MFJ or as MFS. Trust me, I 've been doing people's taxes for a long time and I would hope some of the older people on here would attest to my knowledge on this topic. Always file as MFJ unless a very good tax advisor does your taxes both ways and can prove to you that you'll get a bigger refund that way. It almost never does, unless you both have such extremely high incomes that your deductions phase out and it won't matter. The tax code is written to encourage married couples to file MFJ by building in some pretty big differences in terms of deduction and exclusuion amounts. Either way, you must report the Canadian income that he earned before he resided in the US, but can subesequently exclude it using form 2555. Even if one of my clients spouses was a lying, tax cheating scumbag in an earlier life and subsequently owes to the US Goverment, I always have them file as MFJ and file an injured spouse claim with the return so the other spouse is not affected and gets their money back. The difference in refund between that and MFS is that significant Reporting the foreign income and subesequently excluding it will result in a slightly higher tax than if it was not reported (since you only subtract the tax amount from the excluded income from the tax amount on the total income. Unfortunately, it does not compute the tax on the total minus the excluded amount itself), but I guarantee you that it will be a better deal for you than filing as MFS. If you file as MFJ, you will get a bigger refund which may enable you to get some cabinets on top of the hardwood floors. Who would you rather have your money, the government or you for your home improvements. Edited by zyggy, 17 October 2008 - 05:13 PM.	zyggy	Not Telling	Canada	2008-10-17 16:55:00
Canada	I learned something about drainage systems today	QUOTE (Emancipation @ Oct 21 2008, 12:12 PM) <{POST_SNAPBACK}> Zyggy also is an engineer?? Is there no end to this man's talents? Yeah.. I'm an engineer thanks to my service in CBP.. it helped pay for my real education. Although working there was an education into itself. Work midnights, slave away in class during the day. Ahh to be young and be able to get by on 5 hours sleep all the time. In this economy, maybe border law enforcement was the better choice Trailmix.. is your house on septic? Edited by zyggy, 21 October 2008 - 05:03 PM.	zyggy	Not Telling	Canada	2008-10-21 17:00:00
Canada	I learned something about drainage systems today	QUOTE (trailmix @ Oct 21 2008, 09:56 AM) <{POST_SNAPBACK}> QUOTE (zyggy @ Oct 21 2008, 12:53 PM) <{POST_SNAPBACK}> QUOTE (trailmix @ Oct 21 2008, 09:45 AM) <{POST_SNAPBACK}> But trailmix, does this warrant a whole thread?? No, but that's not stopping the trailmix. House owner tells me they have recently buried the drainage pipe for the washing machine - she hopes it works ok. I do my first bit of washing here and the water comes gurgling out of the ground. I think this is not normal and I call her. She calls me back to tell me this is how it is supposed to work - it is called a 'french drain'. Well, with what little reading I have done, this seems like it's probably not installed in an ideal manner and it also seems like a bad idea (although easy!). See with this drain the water comes out of the ground and runs toward the side of the house...that just does not make sense. THat's not how a French drain or "greywater system" is supposed to work. It is an area of pea gravel that is large enough to hold the greywater until it percolates into the less permeable subgrade. The greywater system needs to be large enough to allow the water to stay underground and percolate into the underlying soil. If you're seeing the water coming out of the ground, it's not built correctly. It probably needs to be made larger or it has silted up for various reasons. You need to get a geotechnical engineer to do some forensic work to determine the underlying permeability of the soil and design a greywater system that will be large enough to keep the greywater underground. If you want it done right, it won't be cheap. If you live in a place that has frost issues or expansive soil issues, you definitely want this taken care of. If the greywater is flowing back to your foundation, it could result in some significant damage to your house. If you just bought the house, I'm surprised your home inspector didn't mention anything about it. This isn't our house Well then it's not your problem is it other then your yard will probably be a perpetual swamp. Be glad that it is not. However, now that I think about it, it could result in water damage and mold in the house if the water is draining toward the house and continually makes the house wet. Keep an eye on it to see if the wood on the outside of the house gets wet, if it does, let your landlord know. They'll have to do something about it. Edited by zyggy, 21 October 2008 - 12:13 PM.	zyggy	Not Telling	Canada	2008-10-21 12:06:00
Canada	I learned something about drainage systems today	QUOTE (trailmix @ Oct 21 2008, 09:45 AM) <{POST_SNAPBACK}> But trailmix, does this warrant a whole thread?? No, but that's not stopping the trailmix. House owner tells me they have recently buried the drainage pipe for the washing machine - she hopes it works ok. I do my first bit of washing here and the water comes gurgling out of the ground. I think this is not normal and I call her. She calls me back to tell me this is how it is supposed to work - it is called a 'french drain'. Well, with what little reading I have done, this seems like it's probably not installed in an ideal manner and it also seems like a bad idea (although easy!). See with this drain the water comes out of the ground and runs toward the side of the house...that just does not make sense. As a licensed professional engineer (I'm even licensed in Florida, although I don't live there) I can tell you that's not how a French drain or "greywater system" is supposed to work. A greywater system is usually composed of an area of pea gravel which is covered by topsoil and is designed to be large enough to hold the greywater in the voids in the pea gravel until the greywater percolates into the less permeable natural subgrade. The greywater system needs to be large enough to allow the water to stay underground and percolate into the underlying soil. If you're seeing the water coming out of the ground, it's not built correctly. It probably needs to be made larger or it has silted up for various reasons. The design is like a septic field light. If you have a septic system for your sewage, haveing a seperate gerywater system is definitely NOT a bad idea. As the detergents and excess water from the greywater sources adversely impact how the septic works. If you have a normal municipal sanitary sewage system, then having a greywater system in your community is probably illegal. They probably constructed the greywater system since they probably didn't want to pay to hook up the laundry to the sanitary sewer. You need to get a geotechnical engineer to do some forensic work to determine the underlying permeability of the soil and design a greywater system that will be large enough to keep the greywater underground. If you want it done right, it won't be cheap. If you live in a place that has frost issues or expansive soil issues, you definitely want this taken care of. If the greywater is flowing back to your foundation, it could result in some significant damage to your house. If you just bought the house, I'm surprised your home inspector didn't mention anything about it. Edited by zyggy, 21 October 2008 - 12:03 PM.	zyggy	Not Telling	Canada	2008-10-21 11:53:00
Canada	Windsor doctor?	Looks like most people are going to have to go to Montreal a few days early for the medical now. That sucks Well OP, You can either go to Toronto or wait and go to Montreal a few days before your interview and have it done then. Edited by zyggy, 27 October 2008 - 05:05 PM.	zyggy	Not Telling	Canada	2008-10-27 17:03:00
Canada	Windsor doctor?	QUOTE (k34 @ Oct 24 2008, 05:47 PM) <{POST_SNAPBACK}> #######! I am in Windsor also, and was counting on the medical being a somewhat easy part of the process. I was thinking of calling sometime soon just to see what the booking time-frame is even though I haven't gotten my NOA2 yet (yeah, I feel like I need to do something... anything... the waiting is driving me nuts!). So London is not all that far, but that would mean a day off work and a rental car, since I don't own one. What about having the medical done in the US? Is that an option, does anyone know? I did notice that there is a place a couple of blocks from my baby's place that does USCIS medicals.... Or does it have to be done in my own country? Medical has to be done by a doctor approved by the State Department in the country where you get the visa. You can't go to Detroit to see one of the Civil Surgeons approved by USCIS. Sorry. Looks like you're going to have to go to Toronto or go to Montreal a few days early and have it done in Montreal.	zyggy	Not Telling	Canada	2008-10-27 14:03:00
Canada	Filing Canada & US Taxes	QUOTE (sly_wolf @ Oct 30 2008, 11:15 AM) <{POST_SNAPBACK}> QUOTE (zyggy @ Oct 30 2008, 01:53 PM) <{POST_SNAPBACK}> QUOTE (sly_wolf @ Oct 30 2008, 09:41 AM) <{POST_SNAPBACK}> QUOTE (zyggy @ Oct 30 2008, 12:01 PM) <{POST_SNAPBACK}> QUOTE (sly_wolf @ Oct 30 2008, 08:33 AM) <{POST_SNAPBACK}> QUOTE (Pandora01 @ Oct 30 2008, 10:35 AM) <{POST_SNAPBACK}> This thread is really interesting. I'm about to move to the US in a few days and now I'm wondering if I'll have to file taxes in US for 2008. I saved the link mentioned higher in the thread and will definitely study it. Thank you for bringing up the subject. If you are married and moving before the end of the year you will have to file something with the IRS. Except with a K1 in your case I am not sure. Always good to check with a cross border tax expert. Sly K1 in itself does not require one to file a US Tax return. The substantial presence test would apply for a K-1. If one were entering in the latter half of the year, odds are that that test wouldn't be met. Obtaining Permanent Resident Status does obligate one to file a US Income tax return for the entire year due to the Green Card test. If you're paying taxes in Canada, remember that one can get exclude income up to a certain amount and then take a foreign tax credit for the rest, or if it's better for you, you can take a foreign tax credit for everything. You should be able to exclude any taxes entirely for any state return since you wouldn't have been resident there. On the house, do something about the house ASAP. There's nothing you can do about the Loonie and Financial experts generally believe the Loonie will continue to drop against the US dollar as it looks increasing likely that the next administration will do what it takes to get the financial house in order and oil and commodity prices will likely continue to remain low for the forseeable future (next 2 years or so). Having a house in Canada that is available to reside in is a key test in determining if one is a deemed resident of Canada. If you are judged as a deemed resident, you will be required to pay taxes in Canada even if you don't live there. If you rent the house, then you will not be considered a deemed resident, but will be required to pay non-reisdent (25%) taxes on any rental income you may have. On a side note, has your spouse been filing as married the years you've been in Canada. If your spouse has been filing as single, that is incorrect and will need to amend her past returns. Your spouse has the option to treat a non-reisdent spouse as resident for tax purposes. There are many times where this treatment will result in a better tax situation there are also times where it won't. SOmething to think about. I would go ahead and do your taxes by considering you a non-resident and filing as MFS and doing it again with treating you as a resident, including your foreign income and filing as MFJ. Choose the method that gives the better tax treatment. Correct me if I am wrong, but filing as head of household would also be incorrect then? Sly No, there is an exception for head of household if the other spouse is not present for a certain portion of the tax year, I believe it's the last 6 months and there are more stringent requirements on who can be considered a "dependent" to qualify. I assume that would include any visits during the last 6 months? Sly No.. residing. Visits don't count.	zyggy	Not Telling	Canada	2008-10-31 12:51:00
Canada	Filing Canada & US Taxes	QUOTE (sly_wolf @ Oct 30 2008, 09:41 AM) <{POST_SNAPBACK}> QUOTE (zyggy @ Oct 30 2008, 12:01 PM) <{POST_SNAPBACK}> QUOTE (sly_wolf @ Oct 30 2008, 08:33 AM) <{POST_SNAPBACK}> QUOTE (Pandora01 @ Oct 30 2008, 10:35 AM) <{POST_SNAPBACK}> This thread is really interesting. I'm about to move to the US in a few days and now I'm wondering if I'll have to file taxes in US for 2008. I saved the link mentioned higher in the thread and will definitely study it. Thank you for bringing up the subject. If you are married and moving before the end of the year you will have to file something with the IRS. Except with a K1 in your case I am not sure. Always good to check with a cross border tax expert. Sly K1 in itself does not require one to file a US Tax return. The substantial presence test would apply for a K-1. If one were entering in the latter half of the year, odds are that that test wouldn't be met. Obtaining Permanent Resident Status does obligate one to file a US Income tax return for the entire year due to the Green Card test. If you're paying taxes in Canada, remember that one can get exclude income up to a certain amount and then take a foreign tax credit for the rest, or if it's better for you, you can take a foreign tax credit for everything. You should be able to exclude any taxes entirely for any state return since you wouldn't have been resident there. On the house, do something about the house ASAP. There's nothing you can do about the Loonie and Financial experts generally believe the Loonie will continue to drop against the US dollar as it looks increasing likely that the next administration will do what it takes to get the financial house in order and oil and commodity prices will likely continue to remain low for the forseeable future (next 2 years or so). Having a house in Canada that is available to reside in is a key test in determining if one is a deemed resident of Canada. If you are judged as a deemed resident, you will be required to pay taxes in Canada even if you don't live there. If you rent the house, then you will not be considered a deemed resident, but will be required to pay non-reisdent (25%) taxes on any rental income you may have. On a side note, has your spouse been filing as married the years you've been in Canada. If your spouse has been filing as single, that is incorrect and will need to amend her past returns. Your spouse has the option to treat a non-reisdent spouse as resident for tax purposes. There are many times where this treatment will result in a better tax situation there are also times where it won't. SOmething to think about. I would go ahead and do your taxes by considering you a non-resident and filing as MFS and doing it again with treating you as a resident, including your foreign income and filing as MFJ. Choose the method that gives the better tax treatment. Correct me if I am wrong, but filing as head of household would also be incorrect then? Sly No, there is an exception for head of household if the other spouse is not present for a certain portion of the tax year, I believe it's the last 6 months and there are more stringent requirements on who can be considered a "dependent" to qualify. Edited by zyggy, 30 October 2008 - 01:01 PM.	zyggy	Not Telling	Canada	2008-10-30 12:53:00
Canada	Filing Canada & US Taxes	QUOTE (sly_wolf @ Oct 30 2008, 08:33 AM) <{POST_SNAPBACK}> QUOTE (Pandora01 @ Oct 30 2008, 10:35 AM) <{POST_SNAPBACK}> This thread is really interesting. I'm about to move to the US in a few days and now I'm wondering if I'll have to file taxes in US for 2008. I saved the link mentioned higher in the thread and will definitely study it. Thank you for bringing up the subject. If you are married and moving before the end of the year you will have to file something with the IRS. Except with a K1 in your case I am not sure. Always good to check with a cross border tax expert. Sly K1 in itself does not require one to file a US Tax return. The substantial presence test would apply for a K-1. If one were entering in the latter half of the year, odds are that that test wouldn't be met. Obtaining Permanent Resident Status does obligate one to file a US Income tax return for the entire year due to the Green Card test. If you're paying taxes in Canada, remember that one can get exclude income up to a certain amount and then take a foreign tax credit for the rest, or if it's better for you, you can take a foreign tax credit for everything. You should be able to exclude any taxes entirely for any state return since you wouldn't have been resident there. On the house, do something about the house ASAP. There's nothing you can do about the Loonie and Financial experts generally believe the Loonie will continue to drop against the US dollar as it looks increasing likely that the next administration will do what it takes to get the financial house in order and oil and commodity prices will likely continue to remain low for the forseeable future (next 2 years or so). Having a house in Canada that is available to reside in is a key test in determining if one is a deemed resident of Canada. If you are judged as a deemed resident, you will be required to pay taxes in Canada even if you don't live there. If you rent the house, then you will not be considered a deemed resident, but will be required to pay non-reisdent (25%) taxes on any rental income you may have. On a side note, has your spouse been filing as married the years you've been in Canada. If your spouse has been filing as single, that is incorrect and will need to amend her past returns. Your spouse has the option to treat a non-reisdent spouse as resident for tax purposes. There are many times where this treatment will result in a better tax situation there are also times where it won't. SOmething to think about. I would go ahead and do your taxes by considering you a non-resident and filing as MFS and doing it again with treating you as a resident, including your foreign income and filing as MFJ. Choose the method that gives the better tax treatment. Edited by zyggy, 30 October 2008 - 11:13 AM.	zyggy	Not Telling	Canada	2008-10-30 11:01:00
Canada	Canadian Spousal Visas	Due to the changes in the AOS process and how Immigrant visas are being processed, it esentially made the K-3 a waste of time and money. If you're already married, don't bother with the K-3. It won't get you to the US any faster and it costs 3 times as much as the CR-1.	zyggy	Not Telling	Canada	2008-11-03 13:47:00
Canada	Has any one on the forum taken the GRE?	QUOTE (thetreble @ Oct 28 2008, 10:24 AM) <{POST_SNAPBACK}> Well I think eventually I want to become a professor in English so I would have to get the MA regardless. I was just really interested in knowing what the certificate was because I have heard of it before. I guess I could borrow it from the library here at MSU. That is a good idea. Yeah.. What can I say, I'm cheap Right now, that's not a bad thing...	zyggy	Not Telling	Canada	2008-10-28 12:28:00
Canada	Has any one on the forum taken the GRE?	QUOTE (thetreble @ Oct 28 2008, 08:45 AM) <{POST_SNAPBACK}> Well one of the girls I work with that is in the program said she walked into the English department to ask about the GRE and the ideal scores they were looking for. With English majors, the last time we took a math course was a pretty long time ago. They said they didn't even look at the math and were not concerned about it. Just the vocabulary, concept and analytical writing skills. I've looked at a few practice tests. But I will buy a book if you think it is worth it. Even though I have an English language/literature degree, I still need to study the vocab. I have heard that it can be quite difficult. On the GRE test prep book, I don't know if I would buy it. Start by borrowing some from the library and keep renewing it. On the graduate certificate, my only concern is it may not be as recognized by employers (and definitely not in the academic world). Some employers may find value in it, some may not and wonder why you didn't get the MA. At least with the MA, you know most everyone will understand what they are getting. Edited by zyggy, 28 October 2008 - 12:19 PM.	zyggy	Not Telling	Canada	2008-10-28 12:15:00
Canada	Has any one on the forum taken the GRE?	I took it about 15 years ago. I remember it as similar to the SAT except a little bit harder. A lot of logic exercises and vocabulary knowledge. Definitely get a study book and get an understanding for what the test will be like. Take a few tests before hand ans see where you are weak, then focus your study on those areas. Honestly, if you know the people in the program, they're not really going to take those results into account. I could have bombed the GRE and I still would have gotten in because I knew the professors really well, but it was required for admission. Edited by zyggy, 28 October 2008 - 10:33 AM.	zyggy	Not Telling	Canada	2008-10-28 10:31:00
Canada	Filing I-130 for Canadian spouse and his son	Actually if it's joint custody it may be a problem. You may need to have the court change custody from joint to sole and also have the other parent's permission to waive their visitation to allow your child to move to the US.	zyggy	Not Telling	Canada	2008-11-11 13:23:00
Canada	Visiting without 131	As a former INS Immigration inspector, I have to concur. I have send back a few individuals who didn't have the I-512 (Which is for form number for Advanced Parole) when they left the US and tried to re-enter. It was hard to do, but the law is clear on that matter. Sorry, she can't go back unless she wants to do the whole process over again.	zyggy	Not Telling	Canada	2008-11-18 18:02:00
Canada	Extension of Stay??	The odds of you getting approved for an extension because you just want to stay are about slim to none. There needs to be extenuating circumstances on the need to stay longer than is permitted.	zyggy	Not Telling	Canada	2008-11-19 15:52:00
Canada	passport	QUOTE (CherylandRichard @ Nov 11 2008, 01:34 PM) <{POST_SNAPBACK}> im waiting for my passport to get back to me, they called me thursday for more info and i sent it and they said they would send it on friday, do they send it regular mail or priority? how long does it take to get it back It is sent ExpressPost and you have to sign for it personally.	zyggy	Not Telling	Canada	2008-11-11 18:36:00
Canada	Married in Canada...now in U.S...next steps...	You could use the Canadian marriage license to file, but it is FAR more risky as the bar of evidence to prove non-immigrant intent at entry would be more difficult to gather. The conventional wisdom is that those who are married to USC's have immigrant intent, i.e they will eventually wish to be together at some point in time. The challenge is to show that the intent did not exist at that entry. How would the OP handle questioning from a AO along the lines of what was said at the border during the AOS interview. Did the OP exclude any pertinent information that would change a CBP officer's determination of the eligibility for entry. Did the OP commit a material misrepresentation by either deliberately giving misleading information or by wilfully concealing information. It's a high stakes situation with a very bad result if you happen to roll snake eyes by getting the AO that wants to probe into the legality of the entry. Losing that game results in immediate removal with a permanent ban on entering the US with no option for a waiver. I know that is a situation I wouldn't want to put myself in if I could help it. But I'm not the OP. Edited by zyggy, 03 December 2008 - 12:15 PM.	zyggy	Not Telling	Canada	2008-12-03 12:10:00
Canada	ITIN -- W-7 procedure...	Using an acceptance agent is completely optional. For more information, please read the attached pamphlet from the IRS http://www.irs.gov/p...s-pdf/p1915.pdf	zyggy	Not Telling	Canada	2008-12-10 11:04:00
Canada	Canadian Tax Question do we file together??	QUOTE (lawg @ Dec 12 2008, 09:05 AM) <{POST_SNAPBACK}> I filed as the CRA told me too and I ended up losing big time. It doesn't help that I was a single parent before and basically still am. I raise my two daughters alone - no support from my husband. I lost my Child Tax benefit, GST rebate. Everything has been audited and even back to a year before we were married. They have now decided I don't owe any backpay on GST but I am still having problems with Child Tax Credit. I wish we had waited and gotten into the US before we married. It's not like it would matter if I were working but I am on Maternity leave and EI. So the Child Tax Benefit would sure help right about now! As for the US - my husband filed - married filing seperate and he never had any issues. It did not affect him at all. Wish we could switch incomes! lol Whiel filing as MFS is the easier way from a paperwork perspective, it's not very beneficial from a tax situation. Filing as MFS almost always results in you giving more to Uncle Sam than you should. One should definitely do the exercise and figure the income tax both ways to see, but most often filing as MFJ gives the lowest tax exposure. Edited by zyggy, 12 December 2008 - 12:19 PM.	zyggy	Not Telling	Canada	2008-12-12 12:18:00
Canada	Canadian Tax Question do we file together??	QUOTE (lgg @ Nov 19 2008, 11:32 AM) <{POST_SNAPBACK}> OKay. ANSWERS. Since no one was able to give me a sufficient answer to this questions posted everywhere. I just got off the phone with Canada Taxation. The answer to my question is: When filing in Canada, you'll have to give Canada Tax the name of your spouse, date of marriage an how much they earn. This may effect your eligible refundable and non-refundable tax credits but you will NOT be taxed on his income. In the US, he can file as Married, filing separately. This way, the does his tax thing, I do mine and when we're living together, then we can do our taxes together and figure out that stuff. The thing is, he makes good mine, as do I and neither of us needs the tax credits or breaks that one would get so, I was merely trying to figure out how the cross border system worked. This was the answer I was looking for... I figure someone else might be curious about this, this is your answer. Seriously... WHy on earth would you want to give the government more than they are entitled to. MFS is very disadvantageous. Do your taxes as MFJ first. Include your income and then exclude it with FOrm 8555. Then do it MFS. I'm very sure you'll find that filing as MFJ will result in a larger refund. How about I give you this deal. I'll do your taxes and take the better tax situation as my fee = the possibility of a few thousand dollars in Zyg's pocket. It really is that beneficial. Edited by zyggy, 19 November 2008 - 03:47 PM.	zyggy	Not Telling	Canada	2008-11-19 14:21:00
Canada	Canadian Tax Question do we file together??	QUOTE (lgg @ Nov 19 2008, 07:24 AM) <{POST_SNAPBACK}> So, to be clear as, he files HIS taxes in the US, as married but filing separately... and I file MY taxes here in Canada as married but not claiming any of his credits or anything. Is that right? His income won't effect me as I'm not claiming anything? Is there a form to go with my taxes that will show this? I just figure that while we're not living together and sharing income, we should'nt have to have our taxes impacted. Thanks so much Trailmix... I just want to do things right and well and there's so much to learn. YOu actually have an option. If you're on a K-1, you can opt to have yourself treated as a resident alien and file MFJ and exclude the foreign income, or your spouse can file as MFS. You choose the option that gives you the best tax treatment. If you are a permanent resident, you MUST file. Generally, filing as MFJ is the better bet tax wise. For Canada, you file as married and when they ask for the SIN, you place US Citizen in the blank. Edited by zyggy, 19 November 2008 - 01:13 PM.	zyggy	Not Telling	Canada	2008-11-19 13:12:00
Canada	GST... tax question	CRA will continue to send you baby bonus and GST checks until you file your leaving Canada return. They will calculate the amount that want back and send you a bill for it based on the date you became a non-resident on the return. Best advice is to put the money from the checks into a saving account until CRA inevitably sends you the bill for it. And DO NOT UNDER ANY CIRCUMSTANCES file the CR-73 form unless CRA specifcally asks you do file it.	zyggy	Not Telling	Canada	2008-12-11 10:35:00
Canada	Pop Vs. Soda Debate	QUOTE (Rob and Mel @ Dec 15 2008, 10:39 AM) <{POST_SNAPBACK}> QUOTE (warlord @ Dec 15 2008, 09:17 AM) <{POST_SNAPBACK}> I personally want to know what "other" is. If it's not Soda, Pop or Coke then what the hell else would it be called? I've heard "Cola" and "Fizzy" as well. I went to university in the south, and heard a variety terms. Mostly, I heard Soda/Coke in cities and pop in the less populated areas. LoL @ Sprailenes ....... more people call it by its proper name "Soda" than pop, nuffsaid Actually it comes from the original term Soda Pop .. Soda being the adjective, and pop being the noun. Pop is the correct term as it is the noun. For example, you have a cloud, a white cloud, but do you have a white. Or.. A boy, a dirty boy, but not a dirty.... In the same vein, you have soda pop, pop, but NOT soda. Ergo, soda is not proper. You might as well call your sweater "wool" Edited by zyggy, 15 December 2008 - 12:59 PM.	zyggy	Not Telling	Canada	2008-12-15 12:58:00
Canada	How to do taxes Quebec/Can and CA/USA.. the first year...	Search for posts by me regarding taxes. Everything you want to know is there.	zyggy	Not Telling	Canada	2008-12-16 12:42:00
Canada	POE - Canadian Pre-clearance and visa activation	Yeah.. Montreal has pre-clearance. You'll activate the visa in Montreal.	zyggy	Not Telling	Canada	2008-12-15 13:02:00
Canada	Canadian tuition/student loans after becoming PR in US?	Hi all, I have a question about education in Canada after becoming a US resident. First, here's my scenario: I am moving on the K1 visa, but will not only have Canadian student loan interest to claim for taxes for many years into the future, but also I will continue to pay Canadian tuition to my university as a distance studies student (for many years to come). So, here are my questions for anyone who has this experience: 1) Is it possible to claim Canadian student loan interest on US taxes, or must I continue to file a Canadian tax return for every year I have this credit/deduction? 2) Is it possible to claim my Canadian tuition on US taxes, or must I continue to file a Canadian tax return for every year I continue to pay Canadian tuition? I've read up on US tuition credits, etc, but want to make sure what any obligations are to filing Canadian taxes, rather than assuming. If I can get through, I might also call CRA to ask this question. Any experiences with either of these scenarios is appreciated. Thank you. Lori (and Chris) 1) No it is not .. and in order to get the credit in Canada, you must be a Canadian resident. So no on the second point as well. 2) Canadian tuition is not eligible for the Hope Scholarship or the tuition and fees deduction or for the lifetime learning credit. So tou will not be able to deduct these expenses. Once you file your leaving Canada return, you most likely will not be required to file any further taxes in Canada. You can take any credits you were eleigible for in Canada as a pro rata share of the time you were a Canadian resident for tax purposes.	zyggy	Not Telling	Canada	2009-01-06 17:10:00
Canada	TN Visa	QUOTE (Reba @ Jan 6 2009, 05:55 PM) <{POST_SNAPBACK}> so sayeth zyggy chuckle.. I guess I have to come down from the mountain every once in awhile....	zyggy	Not Telling	Canada	2009-01-07 15:35:00
Canada	TN Visa	Your TN status is good as long as you remain in the US until its expiry. If you leave the US, it is void, as you are no longer eligible to enter the US on that status due to your immigrant intent. Do not leave the US on TN as you are no longer eligible for the status. Apply for AOS and an EAD now. Do not leave the US until you receive Advanced Parole. Stop procrastinating... apply now. If you're not sure, you need to make a decision now. Sorry, that's how it goes. You can apply for AOS under your married name under your old passport. It's okay, everyone does it and it's fine. Edited by zyggy, 06 January 2009 - 05:18 PM.	zyggy	Not Telling	Canada	2009-01-06 17:16:00
Canada	NR 73	QUOTE (stiggy @ Jan 7 2009, 02:09 PM) <{POST_SNAPBACK}> Ok, sorry to jump in here, but if you are recieving CTB and UCCB, isnt it a good idea to mail in the NR73?? Or continue to keep having the payments come for the rest of the year, and stash it in savings until they ask for it back? I was researching this yesterday for after I enter with a K1... at what point I lose the CT amounts and the UCCB, and from what I read, you lose it the day you receive a greencard, since you are not a resident of the US yet Be careful how you read things. Actually you lose it when you are no longer a resident of Canada. That is not the same as the date you get a Greencard. The date you enter the US on the K-1 is generally considered to the date you ceased to be a resident of Canada. Edited by zyggy, 08 January 2009 - 01:14 PM.	zyggy	Not Telling	Canada	2009-01-08 13:13:00