Relocation from to USA -

Could you please advise me as to the following:

1)     Can an individual relocate from Calgary, AB to New Orleans, LA?  If so, does the Canadian have to have a USA citizen to sponsor them?  If so, what are the particulars on this?

2)      Can a Canadian work in the USA immediately upon arrival?

3)      Having rental property left in Canada, is that classified as rental tax under USA tax laws?

4)      If a relocation is possible, and working in the USA, how does one file their yearly taxes from their USA wages, as well as their rental property back in Canada?  In addition, how does one file taxes on Canadian investments?

Thank you very much.

Regards,

 

Calgary, AB  T2P

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david ingram replies

This question is too general to answer.  A 300 page book could be written and still not cover it.
 
However,

1.    There are no restrictions between Calgary and New Orleans.  They are cities.  A person can relocate from anywhere in Canada to anywhere in the US if:

a.    They are a dual citizen or have a US E5 visa (requires investment of $500,000 to $1,000,000), an E! or an E2 visa (requires major invstment)

b.    They have a valid work permit as an H1, L1, TN, O1. In general, this means that they have a valid job offer and the company is sponsoring them.  

c.   They are a diplomat

d.   They have married an American and are being sponsored by their US spouse

e.   They have an American parent who is living in the USA and is sponsoring them

f.   They are an internationally recognized entertainer or athlete and qualify for a P1 which is the only visa one can apply for without an existing employer.

g.   They won the diversity lottery but people born in Canada do not qualify to enter this, OR, I guess

h   they put in an application 16 years ago and it has come up.

Go to www.centa.com and  click on 'Entering the USA' in th second box down onthe right hand side for more info on individual visas and their requirements  for the H1, L1, TN, etc.  or just click here http://www.centa.com/articles/entering_the_united_states.htm

2.   If they have a visa, yes.

3.   If you leave a rental property in Canada, you need to fill in Canadian forms T1161, 1243 and 1244 with your departing tax return due by April 30th of the year after you leave and you need to file form NR6 BEFORE  you leave.

4.   It is then treated as a Section 216(4) return with forms T1139 and T776 filed each year to report the rent to Canada.  The figures would then be converted to US dollars and reported again on the US return on schedules E and 4562. If any tax was paid to Canada, you would claim a foreign tax credit on the US 1040 by filling in form 1116.

If you had other investments in Canada, the finanacial institutions in Canda should withhold 10% tax on interest and 15% tax on dividends before you are paid the investment return. If you are a non-resident, there is no Canadian tax on capital gains for publicly traded shares.  However, your shares and mutual funds andbonds and any other investment have to be reported on the 1161 from mentioned above and may be subject to departure tax.

On November 10, 2007, 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 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 write this on Oct 18, 2007 since June 16th (124 days), my 'spammed out' box has 34,939 unread messages, my deleted box has 11854 I have actually looked at and deleted and I have actually answered 1078 email questions for clients and strangers without sending a bill.  I have also put aside 622 messages that I am maybe going to try and answer because they look interesting. -e bankruptcy expert  US Canada Canadian American  Mexican Income Tax help
Therefore, if an email is not answered in 24 to 36 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 help.
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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 www.centa.com. If you forward this message, this disclaimer must be included." e bankruptcy expert  US Canada Canadian American  Mexican Income Tax help.
David Ingram gives expert income tax & 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 $400 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. expert  US Canada Canadian American  Mexican Income Tax help.
This is not intended to be definitive but in general I am quoting $900 to $2,900 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.
 
$1,100 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

$2,900 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 $150 to $500.00 per year depending upon numbers of bank accounts, RRSP's, existence of rental houses, self employment, etc.

Just a guideline not etched in stone. 
 
This from "ask an income trusts tax 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 help.

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