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To: [email protected]
Sent: Wednesday, June 02, 2004 7:12 PM
Subject: income tax
Hi Sonja
I had emailed David last week but I suspect that he is a busy fellow.
My situation in a nut shell:
Moved from Canada to the US on an H1B visa in Feb 2004.
In Canada, I still maintain a consultation type relationship (via email/phone) with my former employer in BC and they mail the paycheques to my moms home in Victoria. (she deposits them into my bank account and I will earn below $6,000 in 2004) I have in Canada - credit cards, checking acct, savings acct, RRSPs but no home, vehicle, belongings.
In New York, I got married to a US citizen in March and we are beginning the process of applying for permanent residency for me based on spousal sponsorship. I have a job at NYU and joint bank account with my husband.
My need is for someone to help me with my taxes for 2004, and perhaps recommend now what I should be doing with all my Canadian accounts/cards/RRSPs in order to minimize the taxes etc. in the future.
Can you help me? If so, please let me know how much a consultation would be and what other information you require at that time. I will be visiting North Vancouver in July 2004 if necessary.
thanks in advance
JXXXX
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david ingram replies:
If you are married to an American and in the process of getting a resident alien card, you do not need to worry about Canadian income tax. Under Article IV of the US / Canada Income Tax Convention you will be a taxalbe resident of the USA..
However, I have ONE BIG WARNING for you. If you have your green (resident alien) card in process, DO NOT leave the USA for any reason unless you get specific written permission to leave from Homeland Security.
If you leave the USA (even with an H1-B visa) you will not be allowed back in until or unless the green card is approved.
When it comes time to do your 2004 returns, I will be happy to help. We will have to do a departing Canada return and a joint return for you and your hyusband for New York State, the Federal US 1040 and the New York or Bronx or other borough city tax return for you.
Usually, we would elect to include your Canadian income as well and claim a foreign tax credit on your US return.
A phone consultation (which you should take advantage of) would be $350 CDN as a rule for up to an hour.
However, I repeat, DO NOT LEAVE THE USA BEFORE YOU GET YOUR STATUS.
It would be very unsual for that to take place by July. That means no trips to Bermuda, Africa, the Bahamas, Mexico, Jamaica, Argentina or Canada.
Forget about a romantic get-away to see the polar bears in Churchill or the giant tortoises in the Galapagos or the Penguins in Antarctica
A direct flight to Anchorage would be okay and a trip to Hawaii is okay but forget about any flight which "might" land in another country.
Answers to this and other similar questions can be obtained free on Air every Sunday morning.
Every Sunday at 9:00 AM on 600AM in Vancouver, Fred Snyder of Cartier Partners and I will be hosting an INFOMERCIAL but LIVE talk show called "ITS YOUR MONEY"
Those outside of the Lower Mainland will be able to listen on the internet at
www.600AM.com
Local phone calls to (604) 280-0600 - Long distance calls to 1-866-778-0600.
Old shows are archived at the site.
This from ask an income tax immigration planning and bankruptcy expert consultant guru or preparer from www.centa.com or www.jurock.com or www.featureweb.com. Canadian David Ingram deals daily with tax returns dealing with expatriate:
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