Provincal and state as pertaining to us/can tax tready - Expert Income Tax help on cross Border tax and immigration and divorce


My_question_is: Both

question: I am dual citizen,currenty residing in CA.I work in Canada. Employer ducting fed/provicial tax at source.
I understand I can file tax credit on US fed return.
Question: will I be laiable for CA. state tax as well as Can provincial tax. If so can I avoid this If I declare Canda as my tax resident.(I own property,canadian corp with assets, earn income in Canada and have no investments in the US).(live on Can registered vessel in US)As a mariner I havenot eraned income in CA.for past five years.2010 will be first year for this situation.   Thank-you  


david ingram replies:

I am not even going to try and answer this in full.

You may have worked in Canada but at the moment you are working in the US and in California in particular.  Your US citizenship is a tremendous advantage for your employer.

If you are berthed in California and a US citizen and being paid from Canada or Ethiopia or Brazil, you must file a US Federal 1040 and a California 540 or 540NR depending upon how long you have been there.

If you spent 10 months in California and 2 months in Oregon, you will be filing California 540NR and an Oregon 40N return

And, If you are there for the whole year, you will NOT be taxable in Canada and will be asking for all the Canadian tax back.

The good news is that California tax is higher than BC tax.

I say that tongue in cheek of course.

If you were in Seattle harbour, there would be no state tax and the tax would be lower.

The following is from my 1991 tax guide with some amendments but not many.

read it five or six times to get the idea about residency between Canada and the US

Hope this helps.

You need to sit down by phone or in person with someone like myself to get it right.

For instance, if you have a Canadian Corporation that you have not being reporting on US form 5471, you are liable to a MIN penalty of $10,000 per year.  (the Maximum is $50,000).


If your question was not answered fully or you wish to go further, I am available for individual consultations by phone or email or in person for $450 per professional hour. 

Please also note that we prepare Canadian, US, Australian, UK and New Zealand returns on a mail in, email, fax, snail mail or couriered basis. At any time, our clients are in 40 countries or more.  They have every occupation from nuclear Submarine captains to FedEx pilots to Major Bank officers to Politicians, Diplomats and border patrol officers.  My favourite, however, is a penguin catcher in Antarctica among others there..

If you 'really' only have a single question requiring a 'couple' of minutes, you can try phoning me for free as part of the following.

- For a quick free question

You might try calling Fred Snyder's radio program for an answer on a Sunday Morning.. 

Fred Snyder's  "IT'S YOUR MONEY" radio show. on CISL,  650 AM on the dial in Vancouver from 9 to 11:00 AM every Sunday  (604) 280-0650 or (877) 280-0650 - You can listen live from anywhere in the world at from anywhere in the world. click on the button in the top left hand corner.
You might try calling Fred Snyder's weekly radio programs for an answer. 
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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 or  If you forward this message, this disclaimer must be included."

david ingram's US / Canada Services
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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.


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