QUESTION:
I am a Canadian citizen who moved to the US several years
ago, accompanying a spouse who was doing post-
doctoral work at an American university. Our visa status
was J2 and J1 respectively. We had severed ties with
Canada and were no longer filing Canadian tax returns.
She has recently accepted a job in the US resulting in a
change of visa status to H1b for her and H4 for me. What
would my tax obligations be if I were to return to working
in Canada while awaiting my green card application to be
processed? I'd appreciate any advice or assistance in
finding pertinent information.
_______________________________________
david ingram replies:
Your tax liability would be to Canada first and the US second since I would presume that your mind and heart were in the US.
You would file a Canadian T1 and then report the money on your US 1040 joint return again and either exempt it on form 2555 or claim a foreign tax credit on form 1116.
However, if you leave the US without special permission while your green card application is pending, you can NOT return to the US unless your resident alien (green) card has been issued.
To solve the problem, you must fill out form I-131 in advance to leave and re-enter the US. the same situation applies to your spouse.
___________________________________________________________________
david ingram wrote:
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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."
Be ALERT, the world needs more "lerts"
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 a phone consultation is in Canada.
This is not intended to be definitive but in general I am quoting $800 to $2,800 for a dual country tax return.
$800 would be one T4 slip one W2 slip one or two interest slips and you lived in one country only - no self employment or rentals or capital gains - you did not move into or out of the country in this year.
$1,000 would be the same with one rental
$1,200 would be the same with one business no rental
$1,200 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.
$1,500 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
$1,600 would be for two people with income from two countries
$2,800 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 $150.00 up.
With a Rental for $350
A Business for $350 - Rental and business likely $450
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 $800 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.
Just a guideline not etched in stone.
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