This is a multi-part message in MIME format.
---------------------- multipart/alternative attachment
Subject: Further comments to previous missives from other identified qualified consultants.
1. Canadian Returning from US with 401K Question.
Rich Jacobsen, a Financial Planner in the Napa Valley suggests that everyone should roll their 401(K) into an IRA. I disagree that everyone should, but there are many company plans that some should get out of. Just not every one.
Rich's reply follows in red:
From: rjacobson [mailto: [email protected] ]
Sent: Monday, November 24, 2003 8:15 AM
To: david
Subject: RE: Canadian Returning from US with 401K Question
Thanks and keep up your phenomenal (I really don't know how you do it!) volume of questions you manage to handle and the value you bring to area of tax discussion. I maintain, however, that any employee leaving an employer would be wise to transfer their 401K into an IRA. They can usually achieve better diversification, greater variety of fund selection and remove the inherent risk of employer insolvency or malfeasance. Cheers.
2. Guardians outside BC/Canada in a Legal Will?
Neither David Stoller nor I commented on what was a very obvious problem where the question involved whether a person in Ontario or Washington State could "be" a guardian. The answer was yes.
Greg Samuels a US Immigration lawyer and a specialist in US car accidents involving BC residents and cars adds the following which is such an obvious oversight on my part that I take off my hat to Greg.
From: Greg Samuels [mailto: [email protected]
Sent: Thursday, November 20, 2003 6:55 PM
To: [email protected]
Subject: RE: Guardians outside BC/Canada in a Legal Will?
Of course, if the guardian lives in the U.S., and plans to raise the child in the U.S. after the parent(s)' death, there are US Immigration concerns to address, as well. Greg
If the children happen to be US citizens, no problem but if they are Canadian, there is a big problem/.
3. Brazilian citizen, Landed Immigrant in Canada working in Brazil, Thailand, France Italy is TAXABLE In Canada
I thought my answer here was adequate. Don Cameron is a former Canadian Consular Officer in Seattle and currently functions as a Canadian Immigration consultant, perhaps "the" senior consultant in Vancouver. He adds the following observation to my answer to the Brazilian whom I told was taxable in Canada no matter what the immigration officer said:
-----Original Message-----
From: Donald Cameron [mailto: [email protected] ]
Sent: Monday, November 24, 2003 7:35 AM
To: [email protected]
Subject: Re: Brazilian citizen, Landed Immigrant in Canada working in Brazil, Thailand, France Italy is TAXABLE In Canada
The writer has made the common mistake of assuming that "residence" in Canada for immigration purposes is the same as for income tax purposes. Of course, it is not. Moreover, residence in Canada for citizenship purposes is not the same as for immigration and income tax.
183 days outside of Canada in a 12 month period under the old (pre-28 June 2002) Immigration Act did NOT cause a Permanent Resident (formerly called Landed Immigrant) to lose his or her Permanent Resident status. It merely triggered a "deeming" provision. Permanent Residents who spent more than half of a 12 month period outside of Canada were deemed to have abandoned Canada as their place of permanent residence unless they could satisfy an Immigration Officer that they had not intended to abandon Canada. Even if the Immigration Officer was not so satisfied he or she could NOT take away the Permanent Resident status. That could be done only by an Adjudicator at the Immigration & Refugee Board after a hearing at which the Permanent Resident had the right to be represented by counsel.
Regards,
Don
4. How long can one stay in Canada as a visitor -follow up on issues for visitors/prop owners
Another immigration lawyer (who did not want to be quoted) brought up the fact that when people keep on turning around and coming back to Canada, they are showing a "defacto" residence in Canada which allows the Canadian Immigration person to reject them when they try and return.
Feel free to contact any of these individuals for further clarification.
David Ingram's US/Canada Services
US / Canada / Mexico tax and working Visa Specialists
US / Canada Real Estate Specialists
4466 Prospect Road
North Vancouver, BC, CANADA, V7N 3L7
Res (604) 980-3578 Cell (604) 657-8451
(604) 980-0321
New email to [email protected]
www.centa.com www.david-ingram.com
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 & the author and any and all non-contractual duties are expressly denied. All readers should obtain formal advice from a competent financial, or real estate planner or advisor & appropriately qualified legal practitioner, tax or immigration specialist in connection with personal or business affairs such as at www.centa.com. If you forward this message, this disclaimer must be included."
Be ALERT, the world needs more "lerts"
---------------------- multipart/alternative attachment
An HTML attachment was scrubbed...
URL: http://www.centa.com/CEN-TAPEDE/centapede/attachments/cc333179/attachment.htm
---------------------- multipart/alternative attachment--
What's Related