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US CANADA Wife in Canada, husband in USA - tax requirements because he's a PR. - david ingram International non-resident cross border expert income tax service & immigration help estate family trust assistance expert preparation & immigration consultant, income trusts experts on rentals mutual funds RRSP RESP IRA 401(K) & divorce preparer preparers consultants Income Tax Convention Treaty. advice on bankruptcy expert US Canada Canadian American Mexican Income Tax help.

US / Canada Income Tax Help - CEN-TAPEDE centapede at lists.centa.com
Wed Mar 19 22:58:58 PDT 2008


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Hi Mr Ingram:
I realize that you must be busy with tax season now. So I thought that I'd resend this email below just in case it got missed.

Another questions is that would you be able to recommend anyone who specializes in cross border (US Canada) tax in San Francisco area? Many thanks.

Cheers,

On Mon, Mar 10, 2008 at 11:33 AM,
Hi Mr. Ingram:
I have been reading your helpful website and wondering if you might be able to assist with my questions.
I am a Canadian citizen and my husband became a landed immigrant (PR Card) in July 2006. We got married last summer 2007 but he's still living in the States while I remain in Canada to finish my work contracts. I am moving to join him this April 2008.
I am wondering: 1) Since my husband has not been "physically" in Canada since July 2006, is he taxable on his worldwide income for 2007 and 2008 since I am married to him in 2007? 2) My husband does not have Social Insurance Number in Canada, what can I fill in on my 2007 tax return for his number? Why does CRA needs to know my husband's income or SIN? 3) I realize that I would need to fill something called "Departing Canada tax return", May I ask if there's a specific form number for this at CRA website? I can't seem to find the form.
Thank you very much. I hope you are able to answer my questions.

Sincerely,


-------------------------------
david ingram replies;

This was rejected twice, not because i don't like you, but I am just to busy to answer anything right now other than existing clients.  However I saw it as it was being rejected and chose it because it has several interesting points.

1.   You are a married resident of CANADA  and presumably consider yourself to be a living together married person as opposed to someone who is 'married' but never wants to see the other person again and is separated from their spouse in fact, even if no written agreement to live apart exists.

Because he is married to a Canadian and has a PR card which indicates an intention to come to Canada even if he has not done so yet, Canada has every right to ask him for a Canadian Income Tax Return on his world income.  That is what happened to Dennis Lee in the Judge Teskey case which I will reproduce shortly

Dennis Lee was out of luck because he did not have another tax home.

You need to put his income down on your Canadian Return - Where it asks for his SIN, write 'non-resident - never lived in Canada, Tax treaty exempt, Art IV, US Canada Tax Treaty.

Your husband, as described, does have another tax home in the US which is a tax treaty country where he has always lived and where he has stayed since getting his PR card and where he might even be eagerly awaiting your arrival in the US in April.

 His income is required to determine your right to different tax credits and indeed, if he was a student in the US, you could claim him as a dependent AND claim transferable  education credits.

For your departing tax return, you need to file the regular return and prorate your exemption amounts by the number of days you were in Canada, divided by 366 for 2008.

You should read Canadian CRA forms T1161, T1243 and T1244 to determine if you need to file them when leaving.  Failure to file the T1161 on time (i.e. before April 30, 2009 for the 2008 tax return) results in a penalty of $25.00 per day to a maximum of $2,500.

This older question will spell that part out.


QUESTION:

We moved to the US in December 2004. At the time that we did our 2004 taxes, we did not have any 2004
US income to worry about, so we used ufile.ca to do our Canadian taxes. We have a house in Canada that we
 kept with the intent of renting it out, and were unaware of the requirement to file a T1161 until we began
 working on our 2005 taxes with the assistance of an accountant. By the time he got involved, it was already
 late. In January 2007, CRA assessed a late filing penalty for both myself and my husband as joint owners of the
 property. The statement was sent to our old address, even though we updated our address at the time we sent
 in our 2005 tax returns. My question is this: Is there any way that we can get the late filing penalty forgiven?
 We have done everything else by the books, and we did file the T1161 when our accountant brought it to our
 attention. Thank you.
-------------------------------------------------------------------------
david ingram replies:

The T1161 for a departing Canadian is due on April 30th of the year following the departure.  The penalty is a minimum of $100 or $25.00 per day to a maximum of $2,500.  This is the same penalty for the late filing of a T3 return with distributions.

I know of no method of officially canceling the $2,500 penalty you will each have received.  You could try writing to the FAIRNESS COMMITTEE and explain the situation and they might cancel it.  for $5,000, it is certainly worth the effort.

You can start looking yup the rules for the FAIRNESS COMMITTEE here:

http://www.cra-arc.gc.ca/agency/fairness/prov_3-e.html

I do not expect them to agree but they might.

You might write to Prime Minister Stephen Harper as well.  The penalty is unfair because although easy to find if you know what you are looking for, NO ONE knows about it automatically. 

The tax preparation programs do not tell you to fill it in when you put a date in for departing Canada. 

The $2,500 penalty is imposed after 100 days.
-------------------------------------

QUESTION:

I am a Canadian with an L -1 A inter-company transfer VISA and have sold everything and have moved to the USA. I have purchased a home in Texas where I am working/residing and my daughter attends school. I am being paid and taxed at source in US dollars. Intention is to stay permanently and obtain green card. In the meantime, will I have any tax obligations ?


--------------------------------------------------------------------------------------------------------------
david ingram replies:

As described, you have no further tax obligations to Canada other than filing a final departing Canada return.

Your final Canadian return should show the date of departure and the exemption amounts on Schedule 1 and 428 should have the amounts pro-rated by the number of days you were physically in Canada.  I.e number of days in Canada divided by 365 times the amount on line 300 as an example.

Everything you own is considered to have been sold at the time of departure and if there is a capital gains, there will be departure tax to pay or you will have to post security WITH THE CRA.

If you had left a summer cabin or stock portfolio or other assets worth more than $25,000 behind, you would need to file form 1116

http://www.cra-arc.gc.ca/E/pbg/tf/t1161/t1161-06e.pdf

Complete this form T1161 if you ceased to be a resident of Canada at any time in 
the year and the fair market value of all the properties you owned when you 
left Canada was more than $25,000, not including the following properties: 
 
i) cash (including bank deposits); 
 
ii) pension plans, annuities, registered retirement savings plans, registered 
retirement income funds, retirement compensation arrangements, employee 
benefit plans, and certain other deferred benefit plans; 
 
iii) property you owned when you last became a resident of Canada, or 
property you inherited after you last became a resident of Canada, if you 
were a resident of Canada for 60 months or less during the 10-year period 
before you emigrated and the property is not taxable Canadian property; and 
 
iv) any item of personal-use property (such as your household effects, 
clothing, cars, collectibles) that has a fair market value of less than 
$10,000. 
 
Attach a completed copy of Form T1161 to your income tax return. File your 
return by the filing due date. The penalty for failing to file Form T1161 by 
the due date is $25 a day. There is a minimum penalty of $100, and a maximum 
penalty of $2,500. 
 
List of properties 
 
List below all properties and their fair market value, and indicate either 
(C) for Canadian or (F) for foreign properties (outside of Canada), that you
owned on the date you ceased to be resident of Canada. 

 
Property includes shares (both public and private), bonds, debentures, 
promissory notes, treasury bills, interests in trusts, interests in 
partnerships, personal-use property, business property (including inventory), 
real estate, and security option benefits. 
 
Do not list any property described in (i) to (iv) above. If you need more 
space, attach a separate sheet of paper. 
-----------------------------------------------------------------------------------------------------
If you were leaving a cabin, Or stock portfolio or rental house or trust  behind or if you had owned a place in Texas for five years and it had gone up in value, then you would have had some deemed sale departure tax,.  You would calculate it out on forms 1243 and 1244 and might have to post security with the CRA at the time if you did not have the cash to pay the tax.

However, if you sold everything before you left, you will not have 'departure' tax, but you might have capital gains tax to pay on your final return because of the actual sales as opposed to a deemed sale.
----------------------------------------------

I do not know of anyone in the San Francisco Bay Area.  I regularly give out other names because in my old divorce practice, it was obvious that the divorcing couple needed independent advice a lot of the time.

Partners in a business should always have the company done by one accountant and their own returns by their own accountant.  That way, the Company accountant knows his stuff will be looked at by two others and the two others might give you some other ideas.

I am sure there must be some one in the Bay area, but they have not come across my desk.  However, if you do not want to send the paperwork here, others who are good at this are:

Gary Gauvin is absolutely qualified to deal with you.  He is an old business partner of mine from Ottawa.  He now practices outside of Dallas Texas as a one or 1 1/2 person office.  If you deal with Gary, you will deal with Gary.  He is a US enrolled agent.  You can find his website easily.  Type - income Tax Expert -  into
google.  Gary will come up as number one or two.  Why, because he is.  If I am looking for a first or second opinion, I call Gary. Disadvantage - Gary is a one person office.  Advantage - You will always get to talk to Gary.

Gary likes corporations.  I  and my four associates do not like them. I like dealing with individuals who deal cross-border withOUT corporations.

OR   KPMG in Vancouver. The last time  I checked they had 22 people in their US/Canada department.  call (604) 691-3025.  Advantage - Lots of Backup.  Disadvantage - It will be hard to get the same person to deal with you three times in a row.

OR   Steve Peters with KPMG in Halifax (902) 492-6011

OR    Kevin Nightingale in Toronto (416) 733-9595

OR     Len Vandenberg with BDO Dunwoody in Kelowna, BC.  (250) 763-7600

OR    Brad Howland in Victoria, BC at 250-6258

OR     Steve Katz in Vancouver at (604) 732-1515

Whoever you choose, you would likely do well to consult with me for one or two hours a year.  If I have a suggestion, it will be worth it.  If I can't come up with anything, you will know that what you are doing is likely the best track.  I will compare it to my dentist.  When I went in the fall of 2005, I ended  up with $16,000 to $18,000 of dental bills, a bunch of pain, and a lot of nice new caps, etc. 

When I went for an inspection on Jan 29th, he could not find anything wrong except that I was not flossing.  Which one did i appreciate more?

Well both - the first time was expensive but dealt with years of neglect.  The second said I am on the right track.

Good luck.




On Mar 14, 2008, David Ingram wrote:

It is very unlikely that blind or unexpected email to me will be answered.  I receive anywhere from 100 to 700  unsolicited emails a day and usually answer anywhere from 2 to 20 if they are not from existing clients.  Existing clients are advised to put their 'name and PAYING CUSTOMER' in the subject line and get answered first.  I also refuse to be a slave to email and do not look at it every day and have never ever looked at it when I am out of town. 
e bankruptcy expert  US Canada Canadian American  Mexican Income Tax  service and help
However, I regularly search for the words"PAYING CUSTOMER" and always answer them first if they did not get spammed out. For the last two weeks, I have just found out that my own email notes to myself have been spammed out and as an example, as I wrote this on Dec 25, 2007 since June 16th, my 'spammed out' box has 47,941 unread messages, my deleted box has 16645 I have actually looked at and deleted and I have actually answered 1234 email questions for clients and strangers without sending a bill.  I have also put aside 847 messages that I am maybe going to try and answer because they look interesting. -e bankruptcy expert  US Canada Canadian American  Mexican Income Tax service and  help
Therefore, if an email is not answered in 24 to 48 hours, it is likely lost in space.  You can try and resend it but if important AND YOU TRULY WANT OR NEED AN ANSWER from 'me', you will have to phone to make an appointment.  Gillian Bryan generally accepts appointment requests for me between 10:30 AM and 4:00 PM Monday to Friday VANCOUVER (Seattle, Portland, Los Angeles) time at (604) 980-0321.  david ingram expert  US Canada Canadian American  Mexican Income Tax  service and help.
david ingram's US / Canada Services
US / Canada / Mexico tax, Immigration and working Visa Specialists
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My Home office is at:
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North Vancouver,  BC, CANADA, V7N 3L7
Cell (604) 657-8451 -
(604) 980-0321 Fax (604) 980-0325

Calls welcomed from 10 AM to 9 PM 7 days a week  Vancouver (LA) time -  (please do not fax or phone outside of those hours as this is a home office) expert  US Canada Canadian American  Mexican Income Tax  service help.
 
Disclaimer:  This question has been answered without detailed information or consultation and is to be regarded only as general comment.   Nothing in this message is or should be construed as advice in any particular circumstances. No contract exists between the reader and the author and any and all non-contractual duties are expressly denied. All readers should obtain formal advice from a competent and appropriately qualified legal practitioner or tax specialist for expert help, assistance, preparation, or consultation  in connection with personal or business affairs such as at www.centa.com. If you forward this message, this disclaimer must be included." e bankruptcy expert  US Canada Canadian American  Mexican Income Tax  service and help.
David Ingram gives expert income tax service & immigration help to non-resident Americans & Canadians from New York to California to Mexico  family, estate, income trust trusts Cross border, dual citizen - out of country investments are all handled with competence & authority.
 
Phone consultations are $450 for 15 minutes to 50 minutes (professional hour). Please note that GST is added if product remains in Canada or is to be returned to Canada or a phone consultation is in Canada. ($472.50 with GST if in Canada) expert  US Canada Canadian American  Mexican Income Tax  service and help.
This is not intended to be definitive but in general I am quoting $900 to $3,000 for a dual country tax return.
$900 would be one T4 slip one W2 slip one or two interest slips and you lived in one country only (but were filing both countries) - no self employment or rentals or capital gains - you did not move into or out of the country in this year.
 
$1,200 would be the same with one rental
 
$1,300 would be the same with one business no rental
 
$1,300 would be the minimum with a move in or out of the country. These are complicated because of the back and forth foreign tax credits. - The IRS says a foreign tax credit takes 1 hour and 53 minutes.
 
$1,600 would be the minimum with a rental or two in the country you do not live in or a rental and a business and foreign tax credits  no move in or out

$1,700 would be for two people with income from two countries

$3,000 would be all of the above and you moved in and out of the country.
 
This is just a guideline for US / Canadian returns
 
We will still prepare Canadian only (lives in Canada, no US connection period) with two or three slips and no capital gains, etc. for $200.00 up.
 
With a Rental for $400, two or three rentals for $550 to $700 (i.e. $150 per rental) First year Rental - plus $250.
 
A Business for $400 - Rental and business likely $550 to $700
 
And an American only (lives in the US with no Canadian income or filing period) with about the same things in the same range with a little bit more if there is a state return.
 
Moving in or out of the country or part year earnings in the US will ALWAYS be $900 and up.
 
TDF 90-22.1 forms are $50 for the first and $25.00 each after that when part of a tax return.
 
8891 forms are generally $50.00 to $100.00 each.
 
18 RRSPs would be $900.00 - (maybe amalgamate a couple)
 
Capital gains *sales)  are likely $50.00 for the first and $20.00 each after that.

Catch - up returns for the US where we use the Canadian return as a guide for seven years at a time will be from $150 to $600.00 per year depending upon numbers of bank accounts, RRSP's, existence of rental houses, self employment, etc. Note that these returns tend to be informational rather than taxable.  In fact, if there are children involved, we usually get refunds of $1,000 per child per year for 3 years.  We have done several catch-ups where the client has received as much as $6,000 back for an $1,800 bill and one recently with 6 children is resulting in over $12,000 refund. 

This is a guideline not etched in stone.  If you do your own TDF-90 forms, it is to your advantage. However, if we put them in the first year, the computer carries them forward beautifully.
 
This from "ask an income trusts tax service and immigration expert" from www.centa.com or www.jurock.com or www.featureweb.com. David Ingram deals on a daily basis with expatriate tax returns with multi jurisdictional cross and trans border expatriate problems  for the United States, Canada, Mexico, Great Britain, United Kingdom, Kuwait, Dubai, Saudi Arabia, Thailand, Indonesia, Japan, China, New Zealand, France, Germany, Spain, Italy, Russia, Georgia, Brazil, Peru, Ecuador, Bolivia, Scotland, Ireland, Hawaii, Florida, Montana, Morocco, Israel, Iraq, Iran, India, Pakistan, Afghanistan, Mali, Bangkok, Greenland, Iceland, Cuba, Bahamas, Bermuda, Barbados, St Vincent, Grenada,, Virgin Islands, US, UK, GB, and any of the 43 states with state tax returns, etc. Rockwall, Dallas, San Antonio Houston, Denmark, Finland, Sweden Norway Bulgaria Croatia Income Tax and Immigration Tips, Income Tax  Immigration Wizard Antarctica Rwanda Guru  Consultant Specialist Section 216(4) 216(1) NR6 NR-6 NR 6 Non-Resident Real Estate tax specialist expert preparer expatriate anti money laundering money seasoning FINTRAC E677 E667 105 106 TDF-90 Reporting $10,000 cross border transactions Grand Cayman Aruba Zimbabwe South Africa Namibia help USA US Income Tax Convention. Advice on bankruptcy  e bankruptcy expert  US Canada Canadian American  Mexican Income Tax service and help .

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