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My girlfriend and I are going to be getting Married.
I work and reside in
Alaska and she lives in Vancouver, where I visit her.
I was wondering if we could
move to Point Roberts Washington (buy a home) and I continue to work in the
USA while she gets employement in Vancouver.
Where are we as a couple
obligated to pay tax. By her working in Canada and me frequently passing
back into Canada (due to access to point roberts & to visit friends in
Vancouver), does that make us "tied to Canada".
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David Ingram replies:
What a great question.
WARNING NUMBER ONE:
Since you are engaged and intend to live together, you "could" find yourselves unable to
visit each other in the other country if the border people decide you are trying to "beat" them.
i.e. We have many clients where hubby lives in the US and the wife in Canada or vice versa.
It happens often when there are children involved and a wife does not want to uproot her children
and lifestyle while her husband works 18 hours a day seven days a week, AND, sometimes it is a
wife working at UBC and a husband working in Washington and the husband does not want to
give up his job or the wife might be an - well, I am sure you get the idea.
In this situation, it is really important that you and your fiancee put a "BORDER KIT" together.
It is illegal to vist your spouse/fiancee in the other country if you do not have a visa or
can prove that you are a resident of the country you claim to live in. Otherwise that
nice person onteh borde rwill assume that you are trying to sneak into Canada to live with your
wife or she is trying to sneak into Point Roberts to live with you.
A Border Kit should include:
* a letter form your employer stating your job, where you work, your salary, etc,
* a copy of the deed to your home or a copy of your lease or rental agreement
showing where you live.
* a copy of your phone bills for at least a year showing that you live where you say you do.
* a copy of the telephone book page with your listing and the cover of the phone book is nice.
* copies of your lifestyle; i.e. copy of your library card, shoppers drug mart card, RogersVideo
Visa cards, gyms, health clubs, name and address of your doctor, your dentist, your tax consuiltant,
your immigration consultant (no - you can leave the last one off.
* copies of any office newsletters you are in, newspaper articles, etc.
DO NOT GET MARRIED UNTIL YOU KNOW WHAT YOU ARE DOING AND HAVE TALKED TO SOMEONE LIKE ME.
Once you start the process to get your fiancee into the US, she can NOT cross the border without getting special dispensation and paying a fee each time.
If you married her in Point Roberts and then drove to Vancouver to a movie, she would not be allowed back across the border if you have a "green card" application in place.
Basically, you have to visit her in Vancouver while you apply for her to join you in the USA. If you apply for her as a fiancee, you can apply in Vancouver. If you are get married before applying or get married before they have issued your fiancee visa, she will have to go to Montreal to be processed.
You need help.
With regard to the question you asked about income tax (you obviously did not see a problem with the marriage) the following should be accurate.
When you get the right for your wife to live in the USA AND comute to Vancouver (It should take 12 to 18 months from when you apply), she will be taxable first in Canada because that is the source of her wages. She will then report the money again in the USA and file a return as "married filing separately or a joint return with you. You will not be taxable to Canada becaus eyou are not working in Canada and as long as you do not spend over 183 days visiting in Canada,. you will have no tax liability. Go to www.centa.com and click on US/Canada Taxation for a few pages of information.
In either case, she will then convert the Canadian dollars to US currency and report it on the US 1040. She will then calculate a foreign tax credit on a US form 1116 and that will likely eat up any tax she owes the US on her Canadian income.
Please note that she does NOT qualify for Canadian medical coverage if she lives in the US while working in Canada.
But why not apply for her to get a US visa as a fiancee and have her join you in Alaska. I don't know where you are but I have done Ancj
horage, Seward, Denali, Tok, Chicken, Homer and Seward and think she would have a great experience living there for a couple of years winter and summer. she can work in Alaska and not worry about leaving until the Green Card Arrives.
OR, forget about Point Roberts. It is a silly place for you to buy. You do not 'live" in Point Roberts, you sleep there and do everything in Canada. There is no worse place in North America for you to start this relationship then Point Roberts. (I take that back, One of my favourite places, Hyder, Alaska would be worse).
If you end up with her in Point Roberts while she waits for her green card, she will have to take a boat to Blaine, because she cannot drive through Canada. Better to move to Ferndale or Blaine or Birch Bay. If you were to do that, she would be able to work there while waiting for her permanent card and not have top cross the border. Her girl friends and family could go down to visit her.
Hope this helps. We, of course are here to help you with the problem.
David Ingram of the CEN-TA Group
US / Canada / Mexico tax and working Visa Specialists
108-100 Park Royal South
West Vancouver, BC, CANADA, V7T 1A2
(604) 913-9133 - Fax 913-9123 [email protected]
www.centa.com www.david-ingram.com
etc.
* copiesof. without a proper visa if you do not have
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