Work in Canada, live in US, tax question -

QUESTION:

Hi, there. My husband has worked in Winnipeg for just under three years as an engineer. He also does contract work in the US that accounts for roughly 33% of his income. We lived in a house in Winnipeg for the first 2 years of his employment there, but last winter (about 11 mos ago) we moved just across the border, so he has a 1 hour commute three times per week to work. The purpose of the move was to easily facilitate his pursuit of a US passport, as he is currently only a greencard holder. We do not plan on applying for permanent residence in Candada. Four days out of the week he in the US all day, and the rest of hte family is in the US nearly all the time. Our ties to Canada are as follows: work permits for both of us, mine open and unused, one bank account (not non-resident, although that can be changed), one investment property that is currently vacant, but which we hope to rent, and my husband's place of employment. Our Canadian-born son has a US passport. 

We have US driver's licenses, have registered for homestead in Minnesota, have our cars registered and insured in Minnesota, and have three US bank accounts, including one credit card, in the US. We have no Canadian credit cards. Our social ties in Canada are minimal, as we keep in loose contact with a few friends that result in us spending maybe a couple of days per month in Winnipeg, but always returning to our own home at nighttime. We do extensive traveling in the summer, and spend almost no time in Candada between April-September, as my husband can work from home when he's not teaching. Our son attends school and karate in Minnesota, and we only do occasional shopping in Winnipeg.
 
We have continued to pay taxes this past year as residents, and also to use Manitoba Health for health coverage. We also pay for benefits through the University - Blue Cross for dental, etc. Having coverage in Winnipeg is beginning to create a significant inconvenience, and we would like to switch to private health care in the States, but it would only be affordable if we can manage to pay fewer taxes in Canada, maybe as non-residents. What steps should we take (ties to break, changes to make) in order to be able to pay less tax in Canada? Would this result in any sort of significant increase in our net income? (Our current gross in Canada is $78k and in the US it's about $30k). 
I've been looking everywhere for this information, and you look like the best hope I have found for having my questions answered. 
Thanks so much! 

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david ingram replies:

This is the third similar Manitoba - Minnesota question I have had in a week.  Usually, this type of question involves Detroit - Windsor or Vancouver - Bellingham.

The GOOD news is that although, your husband IS taxable in Canada on his earnings in Canada from that date, Canada has no right to tax him on his US earnings. You have not been a  worldwide income taxable resident of Canada since the day you moved to the US. 

The BAD news is that you are NOT covered by the Manitoba Medical System and the extended benefits plan issued by your Canadian employer even if you do have Manitoba Medical and Manitoba Blue Corss cards, nu,mbers and other identification.

To be covered by the Manitoba Medical system each covered member of your family must be physically sleeping in Manitoba MORE than 183 days a year.  None of you are doing that at this time. Everything you have said about vacations, schooling and commuting home each and every night absolutely - without any doubt - disqualifies you from Manitoba Medical.  Another way to look at is that you were absolutely disqualified the day you took out Minnesota driver's licences and registered your car in Minnesota.  Since your Blue  Cross extended benefits depwnd upon your being a primary ember of the Public Health plan first, your Blue Cross is also kaput.  I will compare it to your having a bunch of blank cheques with no money in your account. 

You can be billed retroactively by the Manitoba system for any medical expenses paid for you by the Manitoba system since 90 days after the day the family left Manitoba to live in Minnesota. And, this would be true whether you went to another Canadian province.  You might be covered by the other province's system, but you would lose Manitoba's coverage after 90 days. By the way, I have been there only a little more extreme.  I attended the University of Saskatchewan (Regina Campus) and St John's College at the University of Manitoba at the same time.

For the rental, you should be filling out Canadian form NR-6 BEFORE you collect the first month's rent.  YOu should notify the bank that you are a non-resident so that the bank deducts the required 10% under Article X o fthe US Canada treaty.

If you moved at the end of November last year, there is not much tax lost but you likely did not have to pay tax to Canada on the one month's consulting income earned in the US.

You should likely buy an hour of my time and you and your husband should be on the phone at the same time and you should record the conversation.

Consultation details can be found further on after the disclaimer.

These other older questions may help as well.
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