Forum	Title	Content	Member	Sex	Country	Date/Time
Canada	Filing 2006 Canadian Income Taxes	Okay.. this makes a little more sense... 1) Yes.. you do have to include your EI income on your US income taxes that was earned in 2006... However, you can get a Foreign Tax Credit for the 25% non-resident tax that Canada takes... File Form 1113 to get the credit on your 1040.. 2) Were your investments in an RRSP... if so, you would have to file Form 8891 the amount to place on the 1040... 3) Any earned income that you earned in 2006 while you were still in Canada is excludable.. You use Form 2555 to exclude the income... ANy other questions, ask away... Zyggy, Well, I booked an appointment with H&R Block. I asked if they did cross border income tax, and there happens to be a Canadian specialist. Sure hope so. I think our US taxes will have to be completely redone. Good thing they weren't mailed out yet. 1) I'm so glad they weren't mailed out. The T4E wasn't put on the US taxes. btw you mentioned form 1113 to be filled out. Is that the form number or is it 1116? 2) The investment I got the N4 for are non-registered and not RRSP. Is there a specific form that would go with that?? Also, I do have RRSPs, am I supposed to be getting something for that? 3) I also didn't think that the income I made while still in Canada had to be put on the 1040 at all, excludable or not. I sure hope that H&R Block lady knows what's she's doing. No more questions for now. I will let H&R do the work now. I thank you very much for the help. I really do appreciate it. Take care Oh okay.. if it's not RRSP, then it would be reported on your US return as a normal Capital Gain on Schedule D... Take the Foreign Tax Credit on the Capital Gains that Canada took out though... And yes.. it's 1116... damn number pad... When you have an RRSP, you have to get taxed on the amount of gain that is inside it. However, you can elect to defer getting taxed on it until you withdraw it. You make this election on Form 8891 as well. You need to know the amount in the account as of December 31... Since you got your Green Card in September, you are considered to have been a resident alien for the entire tax year and therefore must report your worldwide income for that year on Line 7. However, you can exclude the income that was made in Canada by filing Form 2225 with your return up to $84,200. This amount is reduced ratio of the amount of time that you were actually in Canada to the year... So If you entered the US on April 1 you would be able to exclude $20,762 of income and $231.68 for each day thereafter. Edited by zyggy, 21 March 2007 - 07:23 AM.	zyggy	Not Telling	Canada	2007-03-21 07:19:00
Canada	Filing 2006 Canadian Income Taxes	So, I have been reading this forum, and still am totally clueless. I have always gotten my income tax done by someone else, because , yeah that's right, income tax goes right over my head. My husband (USC) and I went to get our taxes done, and she had no clue how to do mine. She did his, but isn't sure if there are forms of mine that have to be put on his income tax. One form that she used to put on his taxes was form NR4. I also have T3 (Statement of trust income allocations and designations) and the T4E (employment insurance). Do any of the amounts on those forms go on his income tax?? I wasn't employed in the States last year. The only thing I received was employment insurance. I still have residential ties to Canada (bank account, credit card, investments), so does that make me a deemed non-resident?? Also, I wanted to know if the provincial income tax is done in the same way as usual? I'm guessing yes, but what do I know. Last thing (I think), I live right on the US/Canada border. Should I get my Canadian taxes done at H&R block in the States, or just go to Canada to get them done?? I'm seeing mixed reviews about H&R block, but I don't know where else I would go. Sorry for all the strange questions. As you can see, I really don't know anything about doing income tax returns. Hopefully, someone can understand what the heck I'm talking about and get back to me. Thank you for your patience 1) Ok.. you have a ton of questions.. let's try to tackle them one at a time... Just having a bank account, credit card, etc.. does not make you a deemed resident... If that were the case, a lot of us would be deemed residents... the one thing that would make you a guaranteed deemed resident is if you still had a home in Canada that you haven't rented to anyone else... In terms of US taxes, you should be filing jointly... never, never, never, never, never file married filing separately unless absolutely necessary... so it's not his taxes.. it's YOUR (together) taxes... 2) Look up the wealth of tax information on this board... you might be able to do it yourself with a little help from a tax program... but if so, I would not go to a normal H&R Block office to do your taxes in the US (unless you were going to see me of course), but you should go to one of their Premium Offices... or better yet, find an accountant who specializes in doing cross border returns... 3) Does your spouse live (or work?) in Canada at the moment... I am guessing that is the case since he got an NR4.. you need to expand a little bit on what your circumstances are and what your status is in the US at this point in time... Zyggy Thanks for answering. I know I went here and there with my questions. I didn't know where to begin lol 1) My husband is the US citizen and he (in mean, we ) did file as married. The only income I received was my employment insurance from Canada. Would I have to put any part of that (EI form) on the US income tax?? 2) I'm in the Ogdensburg, NY area so very limited on H&R blocks. Would year-round assistance be considered a premium office? Better yet, maybe I can just call them and ask them if they do cross border returns. I'm sure my income tax return is very uncomplicated to do, but I just want to find someone to do them where they are not done wrong. Sure, I'd go see you, but you are probably not very close 3) Since my husband is the US citizen, I'm thinking you mean me with this question. I don't work in Canada. I moved to the States in at the end of June 2006. I got the NR4 for investments I have in Canada. I received my green card Sept 2006. Oh yeah, and about that provincial income tax, I would just do those like before, right? Or is there something specific I would have to do there? Any other information needed, let me know! Thanks again. Okay.. this makes a little more sense... 1) Yes.. you do have to include your EI income on your US income taxes that was earned in 2006... However, you can get a Foreign Tax Credit for the 25% non-resident tax that Canada takes... File Form 1113 to get the credit on your 1040.. 2) Were your investments in an RRSP... if so, you would have to file Form 8891 the amount to place on the 1040... 3) Any earned income that you earned in 2006 while you were still in Canada is excludable.. You use Form 2555 to exclude the income... ANy other questions, ask away...	zyggy	Not Telling	Canada	2007-03-20 08:49:00
Canada	Filing 2006 Canadian Income Taxes	So, I have been reading this forum, and still am totally clueless. I have always gotten my income tax done by someone else, because , yeah that's right, income tax goes right over my head. My husband (USC) and I went to get our taxes done, and she had no clue how to do mine. She did his, but isn't sure if there are forms of mine that have to be put on his income tax. One form that she used to put on his taxes was form NR4. I also have T3 (Statement of trust income allocations and designations) and the T4E (employment insurance). Do any of the amounts on those forms go on his income tax?? I wasn't employed in the States last year. The only thing I received was employment insurance. I still have residential ties to Canada (bank account, credit card, investments), so does that make me a deemed non-resident?? Also, I wanted to know if the provincial income tax is done in the same way as usual? I'm guessing yes, but what do I know. Last thing (I think), I live right on the US/Canada border. Should I get my Canadian taxes done at H&R block in the States, or just go to Canada to get them done?? I'm seeing mixed reviews about H&R block, but I don't know where else I would go. Sorry for all the strange questions. As you can see, I really don't know anything about doing income tax returns. Hopefully, someone can understand what the heck I'm talking about and get back to me. Thank you for your patience 1) Ok.. you have a ton of questions.. let's try to tackle them one at a time... Just having a bank account, credit card, etc.. does not make you a deemed resident... If that were the case, a lot of us would be deemed residents... the one thing that would make you a guaranteed deemed resident is if you still had a home in Canada that you haven't rented to anyone else... In terms of US taxes, you should be filing jointly... never, never, never, never, never file married filing separately unless absolutely necessary... so it's not his taxes.. it's YOUR (together) taxes... 2) Look up the wealth of tax information on this board... you might be able to do it yourself with a little help from a tax program... but if so, I would not go to a normal H&R Block office to do your taxes in the US (unless you were going to see me of course), but you should go to one of their Premium Offices... or better yet, find an accountant who specializes in doing cross border returns... 3) Does your spouse live (or work?) in Canada at the moment... I am guessing that is the case since he got an NR4.. you need to expand a little bit on what your circumstances are and what your status is in the US at this point in time...	zyggy	Not Telling	Canada	2007-03-20 07:21:00
Canada	Filing 2006 Canadian Income Taxes	thanks for the info. just to clarify. would I take the foreign tax credit on the income tax that was withheld? even though I'm getting all of that back? I didn't take any foreign tax credit on our US taxes-I didn't need to because just excluding our Canadian income meant that I don't owe any taxes. thanks again for the help For your Canadian Taxes, you have to include your worldwide income, including the income that you made in the US... you would then take a foreign tax credit on the taxes that you paid in the US.. The tax calculated on the US 1040 (line 63), the total amount of taxes taken for Social Security for the year (Line 4 W-2) and the total taxes that you paid to your state based on their return.	zyggy	Not Telling	Canada	2007-03-19 11:07:00
Canada	Filing 2006 Canadian Income Taxes	I included Canadian income on my US 1040-included my husbands income also as I have since we got married-then I exclude the Canadian income with the 2555EZ. As far as my residency, I seem to be a resident of both the US and Canada. I live in the US 9-10 months a year but have a home and property and husband in Canada all year too. I didn't file a leaving Canada return-but I just moved back to the US mid Jan 2006 so this would be the first year I moved. my stipend comes just from my US school. My only Canadian income came from the week and a half that I worked in Canada at the begining of Jan. thanks for your help Based on this information, you would be considered a deemed resident of Canada... You would fill out a T1, include your worldwide income including your US income. However, you would take a foreign tax credit in Canada on the total amount of income tax that you paid in the US as indicated on your US 1040. Also in this case, you should not take a foreign tax credit on your US 1040 on the taxes that you paid to Canada on that Canada source income. You also include the amount of Social Security Tax that you paid in 2006 as well. I believe that any state taxes that you paid are also included, but you need to get confirmation from CRA on that. WHen you file you return, include a schedule of the taxes that you paid and give evidence of each of them. You also adjust the US amounts by the multiplier of 1.13409360. You would take the foreign tax credit for the taxes paid to the US on your T1 instead as Canadian taxes are usually higher... Use Form T2209 to take the Foriegn Tax Credit... Use Form T2036 to take a Foreign Tax Credit for the Provincial part of your return... Edited by zyggy, 16 March 2007 - 01:56 PM.	zyggy	Not Telling	Canada	2007-03-16 13:41:00
Canada	Filing 2006 Canadian Income Taxes	Well... that would depend if you are considered a deemed resident of Canada or not... This is something I'm going to have to look into further... 1) You are going to have to include the Canadian Income that you made on your US 1040 on Line 7 and then take a foreign tax credit for the tax that you paid in Canada... How you are taxed depends on how the US/Canada tax treaty places you as a resident for tax purposes for which country... On the deemed resident aspect.. I'll get back to you... Did you file a leaving Canada return when you left Canada to go to grad school? Is an entity in Canada paying for your graduate education... and probably more when I look into it..	zyggy	Not Telling	Canada	2007-03-16 11:30:00
Canada	Filing 2006 Canadian Income Taxes	H&R BLock is for the everyman... if you have normal taxes they're usually fine.. if you have really wacked out cases, it's important to see the right person there... and there are a lot of bad tax preparers there... but a lot of really good ones as well... It's a part time gig for me to pick up a little quick extra cash... It's nice.. I work when I want to work... I cashed out a pile of RRSP last yr, now trying to figure out how to include that in my USA taxes. I have been filing form 8891. And Canada did deduct the 25% tax. I hate taxes You fill out Form 8891.. but you put the amount that you received on Form 9a and the taxable amount on Line 9b. It would only a non-taxable portion if you put any after-tax money in the RRSP... (which is unlikely)... 98% of the time the taxable distribtuins are the same as the total distributions... It states on the form that those numbers are to be placed on lines 16a and 16b respectively... Any foreign tax on the amout should be reported on Form 1116 and taken as a foreign tax credit... I would also file a Section 217 return to CRA and see if you can't get some of the 25% back... or the tax treaty may allow you to get all of it back... I would call the International Tax Office on this one... Where it's really going to screw you is your State taxes.... Edited by zyggy, 16 March 2007 - 09:36 AM.	zyggy	Not Telling	Canada	2007-03-16 09:33:00
Canada	Filing 2006 Canadian Income Taxes	Darcy's accountant in Kelowna is filing him as single. I hope that is right. I guess the reasoning is because he was 'single' when he left Canada to come here on his K-1. I probably should have Darcy question that when the return comes for him to sign it and mail back in. It's not your status when you left that was important.. it's his marital status as of Dec. 31. If you were married before December 31, you have to file as married... If you were married after Dec 31, you can file as single... You'll be sending your T1 to the International Tax Services Office anyways, so they know that you won't be eligible for any credits... From CRA.. Marital status Check the box that applied to your status on December 31, 2006. Check "Married" if you had a spouse (see below), or "Living common law" if you had a common-law partner (see below). You still have a spouse or common-law partner if you were living apart for reasons other than a breakdown in your relationship. Check one of the other boxes only if neither of the first two applied. But upon further reading on CRA Bulletin T4056, one could argue that it should be the marital status the date that he left Canada as the leaving Canada return is only meant to reflect your tax status as of the date that you left... But if you opt to do a Section 217 return, you would have to reflect his marital status as of December 31... BTW.. Is the accountant looking at Section 217 if your husband received EI income... it may result in him getting a larger refund... Thanks Zyggy. I am going to email his accountant tomorrow about this. He didn't have any EI income. He had two jobs in Canada until he left for the US in September 2006 on his K-1 visa. I am still hung up on the US side. I have talked to the IRS three times and still not convinced on the Foreign Income Tax Exclusion (Form 2555). I think I am going to take my taxes to H&R Block and see if that makes me feel better. I hate taxes and I am an accountant!!! Trust me... you can do the 2555... It's been done by tons of people in the past... and I work at H&R Block and am their Foreign Tax Expert in a premium office... Amke sure that you go to a premium office... But if you need help, drop me a line...	zyggy	Not Telling	Canada	2007-03-16 08:06:00
Canada	Filing 2006 Canadian Income Taxes	Darcy's accountant in Kelowna is filing him as single. I hope that is right. I guess the reasoning is because he was 'single' when he left Canada to come here on his K-1. I probably should have Darcy question that when the return comes for him to sign it and mail back in. It's not your status when you left that was important.. it's his marital status as of Dec. 31. If you were married before December 31, you have to file as married... If you were married after Dec 31, you can file as single... You'll be sending your T1 to the International Tax Services Office anyways, so they know that you won't be eligible for any credits... From CRA.. Marital status Check the box that applied to your status on December 31, 2006. Check "Married" if you had a spouse (see below), or "Living common law" if you had a common-law partner (see below). You still have a spouse or common-law partner if you were living apart for reasons other than a breakdown in your relationship. Check one of the other boxes only if neither of the first two applied. But upon further reading on CRA Bulletin T4056, one could argue that it should be the marital status the date that he left Canada as the leaving Canada return is only meant to reflect your tax status as of the date that you left... But if you opt to do a Section 217 return, you would have to reflect his marital status as of December 31... BTW.. Is the accountant looking at Section 217 if your husband received EI income... it may result in him getting a larger refund... Edited by zyggy, 15 March 2007 - 07:44 AM.	zyggy	Not Telling	Canada	2007-03-15 07:36:00
Canada	Filing 2006 Canadian Income Taxes	If your spouse is not resident in Canada, you do not include their income on the Canada T1. For their SIN you put US Citizen and include a statement in your return that your spouse is not a resident of Canada.	zyggy	Not Telling	Canada	2007-03-05 11:19:00
Canada	Locked Pension Funds in Canada	QUOTE (Len_and_Bren @ Feb 7 2008, 01:12 PM) <{POST_SNAPBACK}> QUOTE (zyggy @ Feb 7 2008, 02:00 PM) <{POST_SNAPBACK}> Basically you have a choice... You can get the $ in CPP from your credits in Canada You can get the $ in SOcial Security from your credits in the US Or you can combine the credits from the two and get a bigger benefit in the US or in Canada through the treaty (depending on where your residence is)... It's up to you.. Oh cool. Is it automatic or do I have to jump through 10 thousand hoops? Another question I can think of is: both our Canadian SIN's had an expiry date (next month actually) -- how does that factor in the equation? There are hoops involved. But I'm not exactly sure how it works. You paid into the system an they're not giving those numbers to anyone else. The expiry coincides with your legal status to work in Canada... whether the SIN's expire or not is not of consequence..	zyggy	Not Telling	Canada	2008-02-07 17:34:00
Canada	Locked Pension Funds in Canada	Basically you have a choice... You can get the $ in CPP from your credits in Canada You can get the $ in SOcial Security from your credits in the US Or you can combine the credits from the two and get a bigger benefit in the US or in Canada through the treaty (depending on where your residence is)... It's up to you.. Edited by zyggy, 07 February 2008 - 03:01 PM.	zyggy	Not Telling	Canada	2008-02-07 15:00:00
Canada	I asked for a new interview date	QUOTE (thermophile @ Feb 13 2008, 10:52 AM) <{POST_SNAPBACK}> how soon after the interview are is your parent's anniversary? My husband drove me back into the states after his interview but before he got his passport back from Montreal. They wanted to know why he only had a copy of his passport but after it was explained that it was still in Montreal or in transit with the IR1 visa, he was allowed to cross. and obviously not use the visa because he didn't have it in his possession. but if you're flying you may be out of luck. Anyone know if you can apply for an AP before you actually get your visa? probably not, but I dont' know Nope.. gotta have the basis for the AP... if you haven't entered the US an a K-1, there is no basis for needing one...	zyggy	Not Telling	Canada	2008-02-13 15:39:00
Canada	I asked for a new interview date	QUOTE (thermophile @ Feb 13 2008, 11:00 AM) <{POST_SNAPBACK}> Zyggy-also could you clarify: is Canada a VWP country? if not what is it? When a Canadian is just waived through the border (no i-94) are they technically in possession of a visitor visa? thanks Canada is not a VWP country. Citizens of Canada are the only persons permitted to request admittance to the US for visitation purposes without the need for a visa. This was granted by treaty. Specifically starting with Jay's Treaty of 1787 (granting it to residents of British North America) and reinforced in subsequent treaties between the US and Canada. With VWP, the US has decided to waive the need for a visa for citizens of certain low risk countries, but they can reapply the visa requirement at any time. The US cannot do this for Canadians unless they change the treaty.. There is a difference between a visa and status. Yes, once a Canadian has been granted admittance to the US, they are granted B-2 status as a visitor with a duration of stay of 6 months. Edited by zyggy, 13 February 2008 - 03:38 PM.	zyggy	Not Telling	Canada	2008-02-13 15:34:00
Canada	I asked for a new interview date	QUOTE (trailmix @ Feb 12 2008, 06:38 PM) <{POST_SNAPBACK}> QUOTE (zyggy @ Feb 12 2008, 04:49 PM) <{POST_SNAPBACK}> QUOTE (Gypsyangel @ Feb 12 2008, 02:05 PM) <{POST_SNAPBACK}> I thought that once the visa was in your passport that you had to execute it your first time over the border. I didn't realize you could ask them not to exercize it. I wonder how risky it is. The rules are that it must be executed... but some officer have been willing to look the other way... if you want to take that chance, it's at your risk. I would go to the interview and ask to wait to have the visa issued some time into the future. The consulate has been open to that in that past. Apparently it is a rule that is bent or ignored sometimes (see Crikey's! post below). Zyggy do you have a link to this information? QUOTE (Crikey! @ Feb 12 2008, 01:59 PM) <{POST_SNAPBACK}> You can request a delay in the issuance of the visa. The day mine was approved at the Consulate, we discussed this with the Officer. The Officer said that I could send him my passport when I was ready for the visa to be issued. I have a vague recollection of it being up to 3 months. As well, I have travelled to the US with the visa in my passport but did not use it until I was ready. (This was also a question we asked of the Consulate Officer. He said that there is no policy that states that a visa had to be used when crossing.... it is up to the beneficiary.) When/if the CBP Officers asked about it, I told them I would be using it at a later date. Mind you, this is always subject to interpretation by the officer. The guys at the Buffalo Peace Bridge were quite knowledgeable. No link per se... it's more rooted in procedure and case law... The INA indicates that one is permitted to have only one visa at a time. If one were to say have a B-visa and they applied for a K-visa, when the K-visa is issued, the B-visa would be cancelled and you would have to have the K-visa. The same principle applies even though Canadians don't need a visa to enter as a visitor or other citizenships have the use of VWP. Once a K-visa is issued, one can no longer enter the US as a visitor since they have a visa as a fiancee. Until that visa is either cancelled or used, that is the document that governs your eligibility for entry. However, since Canadians don't need a visa to apply for admittance to the US, some officers (especially at the land borders) are willing to look the other way and let you come in for your short visit based on a DL and BC. However, as WHTI comes into effect, that loophole will be harder to allow.	zyggy	Not Telling	Canada	2008-02-13 10:26:00
Canada	I asked for a new interview date	QUOTE (Gypsyangel @ Feb 12 2008, 02:05 PM) <{POST_SNAPBACK}> I thought that once the visa was in your passport that you had to execute it your first time over the border. I didn't realize you could ask them not to exercize it. I wonder how risky it is. The rules are that it must be executed... but some officer have been willing to look the other way... if you want to take that chance, it's at your risk. I would go to the interview and ask to wait to have the visa issued some time into the future. The consulate has been open to that in that past.	zyggy	Not Telling	Canada	2008-02-12 18:49:00
Canada	passport concern/vent	QUOTE (natasha peter @ Feb 19 2008, 03:24 PM) <{POST_SNAPBACK}> Can't we drop by at any Canadian consulate in US and then just renew it?? No... Canadian consulates in the US do not accept passport applications. All Canadian Passport applications from the US must be sent to Passport Canada in Ottawa.	zyggy	Not Telling	Canada	2008-02-20 10:43:00
Canada	passport concern/vent	QUOTE (Kathryn41 @ Jan 14 2008, 06:24 PM) <{POST_SNAPBACK}> Ok, I laughed at Derekji's Guarantor post but I am having my own 'not funny' situation because of the changes to the Guarantor regulations. I wish they hadn't changed them from having a professional verify your identity. The new regulations now require your guarantor to be a Canadian citizen adult who owns a Canadian passport and who has known you for at least 2 years. This works fine if you live in Canada, but there is no one here in the US that meets those criteria for me. So, mid December I mailed my passport application, my photographs and photocopies of my identification to the only Canadian who meets those criteria and has seen my other identification so can verify them as true copies - my Dad. He received the package December 28 (4 days later than promised delivery) and mailed them XPress Post back to me on January 2nd. Canada Post tracks them as leaving Canada late evening on the 4th and arriving early morning in the US on the 5th. USPS, however, lost track of them. They have no record of the package since they were notified it was coming on the 4th! It has not arrived at my address and USPS can't find it. I have had them initiate a search but I have no idea what to expect. Right now I am worried about identity theft by someone in USPS. Fortunately my actual passport isn't within the package but it was a real nuisance - and expense - getting photographs that meet Canadian technical and quality standards and I don't want to have to go through all of that again. I will also be notifying Passport Canada of the potential for identity fraud as well, but meanwhile this whole situation sucks. My passport expires in April, my green card expires in May; I hate the thought of all the potential problems that may arise by having to deal with USCIS, etc. without a passport. Fortunately, the US government has extended the deadline for requiring a passport to cross back to the US from a land border, so if an emergency arises I know I will at least be allowed back into the US if I have to go to Canada. Anyway, I am just so frustrated and angry and worried about all of this extra nonsense that could have been avoided if Canada had not changed its guarantor criteria for citizens living outside of Canada. GRRRR (ok, I don't feel better yet but it felt good to complain!). Commiseration welcomed! Actually individuals in the US have the choice of going the old way or the new way. You just have to print out the old application and use that one instead... http://www.ppt.gc.ca...=eng&region=USA Edited by zyggy, 17 January 2008 - 08:50 AM.	zyggy	Not Telling	Canada	2008-01-17 08:49:00
Canada	Filing 2007 taxes in the US	Form 2555 is only good for income that was earned when you were a resident outdie of the US. If you earned the income while you were in the US, then you cannot use this form. One only has to file if they meet the green card test (if you got a green card anytime in 2007, you must file) or the continuous presence test (present in the US for more than 6 months)... If you meet either of these tests, you must file as a US resident for the entire tax year. For Canadian taxes, you have the choice of fining for all Canadian you earned up to the date that you left... Or you can file for the entire tax year under Section 210 but must include all of your worldwide income. Depending on how much you made in the Canada and how much you made in the US in excess of EI, this way may be more beneficial and get you more back. All EI income that was earned in the US after you arrived must be reported at other income on the 1040. As a previous poster mentioned, the taxes Canada took can be either claimed as an itemized deducation or as a foreign tax credit	zyggy	Not Telling	Canada	2008-01-25 17:38:00
Canada	Tax time question	QUOTE (dearheart @ Feb 21 2008, 05:15 PM) <{POST_SNAPBACK}> Thank you Zyggy. I appreciate your insight into this. My husband received his Employment Authorization and SSN this February.He is still waiting for the Green Card. He is Canadian. His only income has been Canadian while we were living in Canada and has not received any income since October 2007. Just so I understand, he should file a return also? Turbotax doesn't seem to know what to do with a non-citizen and non-resident for 2007. When I (the USC) am answering the Turbotax questions for filing, I am not sure how to include the Universal Child Care Benefit I received. This was the only "income" I received for 2007. This amount in $2000. I put it in the Foreign Income. I do think it is a good idea for me (the USC) to file just to be on record. As the US Citizen, you can opt to treat your husband as a Tax resident for the entire tax year. See some of the other posts I have written and others have expended on how to proceed. If you have more specific questions, I can help as needed. Edited by zyggy, 22 February 2008 - 12:17 PM.	zyggy	Not Telling	Canada	2008-02-22 12:16:00
Canada	Tax time question	QUOTE (dearheart @ Feb 21 2008, 12:34 PM) <{POST_SNAPBACK}> I am the US citizen. I have been a stay at home mom for 7 years. When I called the IRS and asked, they said I did not need to file. In Canada, I filed to receive the CCTB and UCCB. This year, you really should file... those who do not file are not eligible for the tax rebate everyone is getting in May... Also, you may be eligible for the child tax credit and other benefits. You and your spouse should strongly consider filing a tax return. So even if you and your husband make under the limit required to file, you really should file.	zyggy	Not Telling	Canada	2008-02-21 17:40:00
Canada	Tax time question	The IRS and the individual states will require you to file if you made more than their minimum filing requirements. The US Citizen will need to file regardless.	zyggy	Not Telling	Canada	2008-02-21 13:21:00
Canada	Tax time question	Be very careful with Quicktax... Another bug it used to have is it doesn't prorate your exemptions either... Do it by quicktax as a guide.. but do the final leaving Canada return by hand to make sure it's done right.	zyggy	Not Telling	Canada	2008-02-21 13:19:00
Canada	Tax time question	QUOTE (EmilyandJason @ Feb 19 2008, 03:36 PM) <{POST_SNAPBACK}> Yes, you and your husband would file as Canadian residents. You need to enter the date you left Canada and the program will prorate the tax credits for you. If you have any taxable Canadian property you will have deemed dispositions to report. The US Citizen must file a US tax return. However, you can exclude the income you made in Canada and will probably owe nothing.	zyggy	Not Telling	Canada	2008-02-20 10:44:00
Canada	Zyggy .. I need your advice before I loose my mind!!	QUOTE (lynamon @ Feb 22 2008, 10:36 AM) <{POST_SNAPBACK}> QUOTE (lynamon @ Feb 22 2008, 12:28 PM) <{POST_SNAPBACK}> So then when my husband and I do our taxes here I add the amounts received from Employment insurance as income ? (on our US tax return) .. and am I to prorate the non-refundable tax credits by the percentage of time in Canada (207 days in)? Yes and Yes... But you can cliam the 25% tax on it as a forign tax credit. Edited by zyggy, 22 February 2008 - 01:07 PM.	zyggy	Not Telling	Canada	2008-02-22 13:06:00
Canada	Zyggy .. I need your advice before I loose my mind!!	QUOTE (lynamon @ Feb 21 2008, 06:17 PM) <{POST_SNAPBACK}> Hi Zyggy ... I feel badly to ask you questions as I know you get bombarded at this time of year but my tax return is driving me right 'round the bend!!!! I should have a fairly simple return ... I lived and worked in Canada up until July 26, 2007 and then I collected employment insurance until the end of the year. I always claimed my son as an eligible dependant and I also had daycare expenses while in Canada ... I cashed in a very small amount of RRSP's before I left and I was renting (so no sale of a house). I'm not fully grasping the whole Section 217 thing ... I'm not sure if I put anything on line 256 of my return and when I called the Interstate office they told me that I would have to complete a T2203 for provincial taxes which they have not updated from 2006 and appears to be more for business than personal. The lady today told me that the tax withholding amount for Employment Insurance is 25% when I complete Schedule C Part 2 as there is nothing in regards to that Canadian Source Income in the Tax treaty between Canada and the US (quite frankly I got the impression that they really have no idea from the two people that I have spoke with and are just reading from cues). I'm so confused!!! What exactly is a Foreign tax credit? and does it apply to me? Arrrgggg!!! I'm leery about taking my return to a tax person in fear that they will do it wrong ... is there tax software that you would recommend? Your response would be deeply and sincerely appreciated Okay... Take a deep breath.. it'll be okay... You should do your tax return two ways and pick the way that benefits you the most. Not Section 217 (Actually Section 216)... and Section 217. First - Do the Non Section 217 Leaving Canada return. 1) You do not have to report your EI payments on your T1 that were earned after you left the US and had the 25% tax taken on it. 2) The T2203 does relate to business income, so I'm not sure why you would need that either... Did you call the International Tax Services Office directly?It seems like you did and they're responses surprise me because they're usually really good... at least they were in the past. 3) A foreign tax credit would not apply to you for a Leaving Canada return that is NOT done under Section 217. Unless of course you had foreign income of some source that had taxes taken out of it before you left. But it doesn't seem like that is the case. 4) If you cashed in your RRSP's before you left, that will need to be counted as income and in some cases may have actually worked against you. Water under the bridge for you, but something others should consider before doing it. I had to keep my wife from cashing her's in before she left because it would have resulted in a bigger tax bite. 5) Don't forget to include the Ontario health premium... it has to be paid December 31 or the date you left Canada... so they get you either way. Do it the non Section 217 first... then we'll tackle if Section 217 is right for you.	zyggy	Not Telling	Canada	2008-02-22 12:14:00
Canada	2007 taxes	QUOTE (TOMN @ Feb 23 2008, 10:04 PM) <{POST_SNAPBACK}> So just to make sure, would he be considered resident or non-resident for Can taxes? He still has bank account in Canada and a graduate student at a Canadian university. Thanks for your help . The bank account is definitely not enough for him to be considered a deemed resident. Being a graduate stuent might, but probably not in itself. The big thing that makes you a deemed resident is still having a residence in Canada that one can go back to either rented out or owned.	zyggy	Not Telling	Canada	2008-02-25 13:06:00
Canada	My Turn for Tax Questions	Yes, You do your leaving Canada return two ways.. The first includes all of your income up to the date that you physically left Canada... (Section 216) The second includes all of your worldwide income inlcuding the amount you made while working in the US and your EI for all of 2007. (Section 217) You need to put Section 217 on the top of your return if you opt to do it this way. Pick the one that benefits you the most. Edited by zyggy, 25 February 2008 - 01:04 PM.	zyggy	Not Telling	Canada	2008-02-25 13:03:00
Canada	Will my ignorance be deemed immigration fraud?	QUOTE (Eric_and_Corinna @ Feb 28 2008, 09:30 AM) <{POST_SNAPBACK}> Thank you all for your responses. I know that we've been doing everything right since the denial of entry, but the longer the situation goes on, the more what-ifs start to creep into your head... Zyggy and Caladan, her I-275 cites SEC 212(a) (7) (A) (i) (I) and further says that she was living in the US since February (131 days) and that we were both instructed that she was not allowed to visit the US until visa was in hand. Nothing more. This is the section of the Code of Federal Regulations that I found pertaining to our case... (7) Documentation requirements.- (A) Immigrants.- (i) In general.-Except as otherwise specifically provided in this Act, any immigrant at the time of application for admission- (I) who is not in possession of a valid unexpired immigrant visa, reentry permit, border crossing identification card, or other valid entry document required by this Act, and a valid unexpired passport, or other suitable travel document, or document of identity and nationality if such document is required under the regulations issued by the Attorney General under section 211(a) , or (II) whose visa has been issued without compliance with the provisions of section 203, is inadmissible. I've talked to lawyers, CBP officials, and Embassy employees in Toronto that have told us that it should not affect our case since it is considered a withdrawal of application. But you still never know, right? I'd love to hear your advice, if you have any, on it. Agreed.. based on that information it does not appear that a waiver would be required. But she will not be permitted back into the US until the circumstances behind the denial change... either a) she gets a visa or she divorces you. I'm pretty sure it's going to be option a best of luck...	zyggy	Not Telling	Canada	2008-02-28 12:19:00
Canada	Will my ignorance be deemed immigration fraud?	QUOTE (Eric_and_Corinna @ Feb 28 2008, 01:52 AM) <{POST_SNAPBACK}> I made the mistake of reading the link about some poor guy who has been battling with USCIS for 8 years trying to get his Japanese wife back. Apparently they filed for a K-1, didn't get it in time, married in Hawaii anyway, and then she entered the US with the K-1 visa (but already married). Anyway, the USCIS charged them with immigration fraud and banned her from entry for 10 years. TI guess the jist of this is that they knew the rules and knowlingly allowed her in without the correct visa. Here is the story that I read last night http://www.usforacle...3b-e3e9d3edddd7 So this got me thinking about my case. And probably worrying way too much, hopefully. In our case, we were completely oblivious to immigration laws and rules. We both figured, that when you married an American citizen you were allowed to live in the US. I knew that we eventually had to get my wife a social security number for her to work, but had no idea about the different visas or what they meant. Stupid, I know, but we were completely ignorant of immigration laws. We didn't have a visa of any sort when we married in Hawaii last January, and didn't know we were in violation until we tried to get back into the US after visiting Canada last June. My wife was in the US for 1 month and a half after our wedding, went home to Ontario for a couple weeks to visit family, then came back to the US for three months before we were finally denied entry by CBP. We were given the I-275 form and told that she couldn't come back, even for a visit, until visa was in hand. The CBP officer who denied our entry told us that the denial would not affect our immigration approval, and that it was if we had never attempted to get her into the US. A lawyer we consulted with agreed with that and said that if we had appeared before an immigration judge, that would have been another matter. Since being told we needed the visa, she went back to her parent's house in Ontario, and we immediately applied for the K-3 Visa. I have commuted back and forth since June, basically visiting for a month and returning to the US for a month. Our son was born in August in Ontario and we got him his dual citizenship and US Social Security number. We are still waiting on our I-129F and I-130 approvals from the CSC (like a lot of other folks). After reading the terrible story of the guy trying to get his wife back, I'm very frightened that USCIS would look at our ignorance and deem that we were committing immigration fraud as well. I feel like any rational person would look at our situation and see that we are very much in love and had no intention of breaking any laws, but rational thought and the US government seem to be like oil and water sometimes. Is our situation rare, or are there other experiences that are like ours? I feel like if we're going to get denied now, I may as well start looking at moving to Canada, rather then wasting our time with a process that will most likely end up in denial. Thanks for listening... I'm not so sure in this case if it's that easy or simple... If CBP gave her an I-275 form, it usually means more than just a denial of entry. What does it say exactly on that form. If it says anything about misrepresentation, then you're going to have to apply for some waivers before you get a visa. Is there a Section 212 citation on it... To make a more informed determination, you're going to need to divulge what was on the form. Edited by zyggy, 28 February 2008 - 10:46 AM.	zyggy	Not Telling	Canada	2008-02-28 10:42:00
Canada	I don't THINK I need to file a US Tax return	QUOTE (Allie @ Mar 4 2008, 11:18 AM) <{POST_SNAPBACK}> QUOTE (zyggy @ Mar 4 2008, 11:31 AM) <{POST_SNAPBACK}> No.. you can only get the credits until the date you physically left Canada. The proration that the program did is absolutely correct. Do not override it. WHen it refers to tax treaty benefits... that's really going beyond your scope for your type of return. THe fact that you can exclude your income or take a foreign tax credit is not part of the tax treaty benefits. Then Lorry only claims my pension income in Canada from the day I activated the Visa (June 26). Is that how this will work Ziggy or does she claim my years pension income, the EI collected while here in the U.S. and taxable amount on it for the whole amount. Sorry but this tax yr. has me totally confused. I always filled it out in Canada but that IRS site only creates confusion when trying to make sense of it all Pension Income earned while you were in Canada must be reported but can be excluded or claim a Foreign Tax Credit... Pernsion Income/EI Income earned while in the US must be reported, but can get Foreign Tax Credit on taxed Canada took.	zyggy	Not Telling	Canada	2008-03-04 14:02:00
Canada	I don't THINK I need to file a US Tax return	Double post Edited by zyggy, 04 March 2008 - 11:32 AM.	zyggy	Not Telling	Canada	2008-03-04 11:31:00
Canada	I don't THINK I need to file a US Tax return	No.. you can only get the credits until the date you physically left Canada. The proration that the program did is absolutely correct. Do not override it. WHen it refers to tax treaty benefits... that's really going beyond your scope for your type of return. THe fact that you can exclude your income or take a foreign tax credit is not part of the tax treaty benefits.	zyggy	Not Telling	Canada	2008-03-04 11:31:00
Canada	I don't THINK I need to file a US Tax return	QUOTE (Len_and_Bren @ Jan 10 2008, 10:41 AM) <{POST_SNAPBACK}> QUOTE (zyggy @ Jan 10 2008, 09:19 AM) <{POST_SNAPBACK}> Is your husband a PR at any time i n2007. If so he is required to file for the entire tax year. He must declare his earings in Canada but can both exclude them and take a foreign tax credit. Wise words ziggy. How does one go about this then? File double returns with IRS and Canada Revenue? Yes.. they would have to file a return with the IRS (as preferably married filing joint) and a leaving Canada return with Revenue Canada. All Canadians leaving Canada MUST file a leaving Canada return, even if they had absolutely no income.	zyggy	Not Telling	Canada	2008-01-10 14:25:00
Canada	I don't THINK I need to file a US Tax return	Is your husband a PR at any time i n2007. If so he is required to file for the entire tax year. He must declare his earings in Canada but can both exclude them and take a foreign tax credit.	zyggy	Not Telling	Canada	2008-01-10 10:19:00
Canada	Canadian Birth Certificate Question	For Ontario, it's the Certified Copy of Birth Registration.	zyggy	Not Telling	Canada	2008-03-04 11:23:00
Canada	Tax Question	You have to file a Leaving Canada return with CRA, even if you had no income. They have to know that you are no longer a tax resident of Canada. If you made no income in the US, you shoud file in the US as married filing joint if you got married in 2007. If not, you would have no obligation to file, and your spouse would file as Single or Head of Household, depending on how long you lived with him, he may be able to claim you as a dependent. Edited by zyggy, 04 March 2008 - 11:27 AM.	zyggy	Not Telling	Canada	2008-03-04 11:25:00
Canada	Tax Question	QUOTE (fwaguy @ Mar 5 2008, 11:00 AM) <{POST_SNAPBACK}> QUOTE (Earmuffs @ Mar 5 2008, 11:58 AM) <{POST_SNAPBACK}> yeah he told me that, but that i would have to pay taxes on all my income.. thus form 2555 to get a credit for what you paid to Canada... but reality is that it may in fact not be benneficial for you to do this.. Yep.. do your taxes three ways. MFJ with your income excluded using 2555, MFJ with taking a foreign tax credit using 1116 on the taxes you paid to Canada, and filing as MFS for your spouse only. Don't forget to include your state taxes when figuring out what benefits. Choose the option that works best to your benefit. Edited by zyggy, 05 March 2008 - 01:04 PM.	zyggy	Not Telling	Canada	2008-03-05 13:03:00
Canada	Passport Name Change	I should have done this. Since I didnt, my CR-1 was issued in my maiden name, since that's what my passport has. I've decided that I'll just wait until I apply to remove conditions and THEN ask them to change my name, since they'll be issuing a new card anyhow. Until then, I can unofficially go by my married name. Or I may hyphenate for the time being, so that way some of my stuff can have both names on it. I have a feeling it'd be a huge pain in the ### to get my greencard changed. Yeah, if your passport is in your maiden name, you can have the observation added... you do not need a new passport. However, I still think that thay will issue the visa in the maiden name if you only have the observation. However, I think that you can have the card done in the married name at the POE. Just tell the officer that is what you want done. I had my name ammended in my passport before my interview... When I went for my interview.. I told them I changed my name and they put the visa in my married name I just had to show them my marriage certificate I think That's cool... but the card is created when they fill in a form to do that... so you can change your name there... but if they'll do it for the visa, all the better...	zyggy	Not Telling	Canada	2006-04-06 12:58:00
Canada	Passport Name Change	I should have done this. Since I didnt, my CR-1 was issued in my maiden name, since that's what my passport has. I've decided that I'll just wait until I apply to remove conditions and THEN ask them to change my name, since they'll be issuing a new card anyhow. Until then, I can unofficially go by my married name. Or I may hyphenate for the time being, so that way some of my stuff can have both names on it. I have a feeling it'd be a huge pain in the ### to get my greencard changed. Yeah, if your passport is in your maiden name, you can have the observation added... you do not need a new passport. However, I still think that thay will issue the visa in the maiden name if you only have the observation. However, I think that you can have the card done in the married name at the POE. Just tell the officer that is what you want done.	zyggy	Not Telling	Canada	2006-04-06 07:50:00