us-ca taxation Article IV of Tax Treaty - Factual

 Hi: Mr. David Ingram:
I was recommended by my friend to seek you advise.  My
name is Zhiyong Qi, a Canadian citizen currently
residing in Vancouver, and working in California for US
Federal Government.  Due to the fact that this is my
first time to work in the U.S., I don't know how to
file my tax.  My question is:
Should I file my 2004 tax first in USA, then in Canada?
Or, should I file my tax only in Canada with your help?
I will be in Vancouver from Dec.22, 04 until Jan.2, 05.
May I make an appointment to meet with you during that
time?  Thank you for your consideration.
I will be very grateful if you can reply this mail.
Sincerely yours,
 XXXX
=======================================================
======
david ingram replies:
You will file your USA tax return first because you are
earning the money in the USA and will be paying US
Federal Income tax, US federal Social Security and US
federal Medicare.  In addition. you will be paying
California tax.
If you are still considered a resident of Canada, you
will then report the same income to Canada and
calculate your tax to Canada and BC.  You will then
claim a foreign tax credit against your Canadian and BC
tax on (usually) a dollar for dollar basis.
If you are a single man, you will not likely owe any
more tax to Canada because the US taxes will likely be
higher than the Canadian tax (most people do not
believe this but it is true).  If you are a married man
(even if your wife remains in Canada), you can file a
US joint return and your US tax will be lower than the
Canadian tax and you will owe some to Canada but will
have received a refund of some dollars from the US.
It is also possible that you may be treated as a
factual resident of Canada where you have to report the
income to Canada and then exempt it on line 256 under
Article IV of the US / Canada Income Tax Convention
(treaty). This method can save many thousands of
dollars if you are married.
I can be available between Xmas and New Year's.  Your
appointment would be at my very messy Home Office and I
would charge you $350.00 Cdn for the appointment.
Contact Numbers are below.
David Ingram's US/Canada Services
US / Canada / Mexico tax, Immigration 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 Fax (604) 980-0325
Email to taxman at centa.com
www.centa.com www.david-ingram.com
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=========================
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