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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
US / Canada Real Estate Specialists
My Home office is at:
4466 Prospect Road
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
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Be ALERT, the world needs more "lerts". bankruptcy expert US Canada
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