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Canada Home Buyers Plan & RRSP Withdrawal to IRS? - Expert Income Tax help on cross Border tax and immigration and divorce a

This note really only applies to Vancouver Island residents.

Fred Snyder will be presenting his seminar on Retirement planning on Tuesday Night, Aug 24, 2010  from 6 PM to 9 PM at he COMFORT INN at 101 Island Highway in Victoria.  Call 1-877-475-7526 to register.  I believe that the Inn is at the corner of Craigflower and Admiral but do check your map.  NO CHARGE - No Obligation. 

My_question_is: Both

question: Dear Tax Expert

I would really appreciate your advice. I am Canadian living in the US. In 2005 I withdrew some funds tax free from my RRSP to purchase a rental home under the home buyers plan.  I moved to the US in 2009 and that same year sold the house. As a deemed non-resident in 2009, the CRA had me declare the 2005 RRSP funds as income in 2009 (had to pay all taxes on that since I left Canada). My question is:

-	Do I also have to declare the 2005 RRSP withdrawal as 2009 income to the IRS using form 8891? This doesn't make sense to me since there wasn't an actual distribution in 2009 (as per the RRSP statement) and I can't put a number in line 7a in form 8891   

Thanks a lot!! 

 

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Filing back US taxes by a US citizen in Canada - Expert Income Tax help on cross Border tax and immigration and divorce and RRSP

 

Below is the result of a form post from your website.  It was submitted by
 ([email protected]) on Sunday, August 15, 2010 at 11:01:44
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.intro: An askanexpert.ca visitor has a question for you. To answer, just reply to this message.

from: xxxxxxxxxxxxxx

QUESTION: Hi David, you come highly recommended by a friend, so I'm hoping you are able to help me out. 

I have canadian and american citizenship, but only received my american passport in 2002. I've never been a resident there, have always been a resident in BC. 

I am planning to move to the US to work with my SSN however I have never filed taxes with the IRS and have just been informed that I will be required to pay back taxes for many years. Also I have a savings account with more than $10,000 in it and I was told I would have to pay a fine for not informing the IRS of my savings. I also have some mutual funds in a RRSP and was told that I should sell them then buy them back the next day before I move down there. Please advise on the steps I need to take to avoid paying penalties to the IRS.

Thank you very much!

 

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US Gambling withholding tax refund - Expert Income Tax help on cross Border tax and immigration and divorce and RRSP and IRA an


On 06/08/2010 9:16 AM, xxxxxxxxxxxxxxx wrote:

Hi David, You do this?

I have a 1042-S form with a withholding of $543.27 US. Can you get it back for me?

What is your fee? How long will it take?
Thanks, xxxxxxxxxxxxx

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How to get a U.S. working visa when spouse has a TN - Susan's Story - Expert Income Tax help on cross Border tax and immigration

On 08/08/2010 2:17 PM, XXXXXXXX  wrote:

Below is the result of your feedback form.  It was submitted by
XXXXXXXXX on Sunday, August 8, 2010 at 14:17:50
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My_question_is: Both

question: Hi,
I am a Canadian citizen. My husband and I own a home in Phoenix AZ and I have been
going back and forth every couple of months. I am under my husband's TN status,
which means I cannot work. However, I would really like to.

I am not a professional as described under NAFTA.

All my experience has been in office administration.

Besides the sponsorship under my sister's status (which could take years), do you
have any other recommendation as to how I can get a working visa so that I can also
bring in an income?

Any information you can provide me would be greatly appreciated. Thanks so much!!

----------------------------
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Collecting Canada Pensions while living in the US - Windfall Elimination Provision (WEP) Florida Oklahoma - Expert Income Tax he

Please tell me your consultation fee...

Dear David,

My husband, Canadian citizen born 1945 in Quebec, Canada, moved to NYC and worked there 7 years.  Returned to Quebec, Canada for 18 years.  Moved back to US and has worked here 16 years now.  We live in US and are both US Citizens.

xxxxx just turned 65 and is ready to apply for SSI, CPP, QPP and OAS, but we're confused and want to be crystal clear about his pension options and all the tax implications.

Do you offer phone consultations?  What is your fee?

Many thanks,

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Canadian Snowbirds article April 1994 at http://www.centa.com/staticpages/index.php/April1994CEN-TAPEDE

This should properly be read in conjunction with the April 1994 newsletter.  This April 1994 newsletter was the basis for the CRA's Snowbird Pamphlet.

http://www.centa.com/staticpages/index.php/April1994CEN-TAPEDE

On 28/07/2010 6:17 PM, xxxxxx  xxxxxxxx wrote:

I found your April 1994 article on Snowbirds and cabins across the border....very interesting.  I was wondering if you would comment on the recent issue of the Canadian Snowbirds Association article which states
 

How long can I visit the U.S.?

A Canadian citizen who is granted entry into the United States under a B-2

Visitors Visa may be permitted to remain in the country for six months less

a day. This could be 181, 182 or 183 days, depending on the date on which

you enter. It is important to note that each time you enter the United States,

even just for a few hours, it counts as one day. Each day that you visit the

U.S. in a 12-month period will be counted and should be subtracted from

the “six months less a day” that you intend to visit the United States in the

winter.

Also, when you enter the U.S. for an extended period, such as six months,

shorter trips outside of the country departing from and returning to the

U.S. do not count as days that you can subtract from your “six months less

a day” count. This is the case even if you return to Canada for a week or two

during the holiday season.

It is important to note that a U.S. Customs and Border Protection officer

has the authority to limit your visit to the United States to any period of

time that he/she sees fit. So, do your best to be accommodating when they

question your intentions and length of stay. The wrong attitude could cost

you days in the sun.

For more information, visit snowbirds.org and refer to the Travelers’

Information Guide. The revision dated February 1, 2010 and titled “How

Long Can I Visit?” provides specific information on this topic.

 

I can not find anything on the internet that supports the above concerning coming home for Xmas....that you can deduct those days from the 182 days.

I would really appreciate your opinion on this matter.  And I would also like to know if your 1994 article is still accurate...or have some laws changed?

Thank you

xxxx xxxxxxx

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Canadian Citizen w/ US green card cashing money order in US - US FINCEN forms 104 and 105 - Canada FINTRAC forms E667 and E677 -

 

On 11/05/2010 2:35 PM, XXXXX wrote:

Below is the result of your feedback form.  It was submitted by
XXXXX                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  on Tuesday, May 11, 2010 at 14:35:06
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My_question_is: Both

question: I am a Canadian Citizen but I am currently working in the US (
I have my green card).  

Canada relatives are going to lend me money for downpayment on a house that I want to buy in the US. 

I will be getting $50,000 US probably  via money order.  

Do I have to report to Canada and/or US regarding this transfer of money from Canada to US?  Is it easier if I tell my aunt to e-wire the money from her Canadian bank to my US one instead?

-------------------------------------

 

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Need manager if doing all work online from Canada? Arizona Hotel Rental Needs to charge hotel tax. Expert Income Tax help on cro

Below is the result of your feedback form.  It was submitted by
XXXXX XXXX on Thursday, July 8, 2010 at 19:08:27
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My_question_is: US-specific

question: Hello, this is a fantastic site!  Thank you so much for making your knowledge so accessible. 
I own a luxury furnished condo in Arizona and am going to rent out weekly. 

My plan is to advertise it on a rental site such as VRBO and to receive payment online while in Canada through a paypal account or by cheque.

I would have an American cleaning crew and someone on site to providing entry access (not me). 

Do I still need a manager for this work to keep myself out of trouble? Thank you

---------------------------------------------------------------------------

 

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USA Deemed-Resident vs. Non-Resident House Sale - Expert Income Tax help on cross Border tax and immigration and divorce & R

My_question_is: Applicable-to-other-jurisdiction

question: Dear David

I have lived in the UK for 10 years, mostly as a graduate student, and recently (2009) gained residency. My wife is a dual Canadian/UK citizen and has filed taxes as a UK resident since 2006. I own a house in Toronto, which I have rented since moving here. I have paid taxes on the income (and all other investment income) as a Canadian resident. I have noted filed an NR6. For 2009 I am filing (late) as a "deemed-resident" rather than as a "non-resident", on the advice of my accountant. I am currently in the process of selling the house, but I am concerned about my residency  status. I have the following questions:

1) Does filing as a "deemed resident" pose problems, especially for selling a house?
2) Will I be penalized for not filing an NR6?
3) If I return to Canada before the sale, and take up occupancy in the house, does that re-establish my principle residence status?

Thanks


3) If I filed income in the UK,

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When do i have to file a State tax return?

David, Thank you for finishing my 2009 tax returns but why?? oh WHY?? have you prepared Pennsylvania, New York and Massachusetts Tax returns as well as my Virginia return.  I live in Virginia. What difference does it make if i work a day in New York and 2 weeks in Massachusetts?

 
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david ingram replies:
 
This is / was actually a phone call that i have taken the liberty of making into a written question and for the record, even some of the states are different.
 
But, it is an easy question to answer.  Back when we had the NBA Grizzlies in Vancouver, I prepared two members' tax returns and we filed about 23 tax returns for them,.  Apparently we were the only two of all the Grizzlies and Toronto Raptors to file the State returns for the players because three years later, every Grizzly and Raptor was reassessed by all the states they played in when they had not filed their state returns.  An NBA official had written a TWO page letter to the Grizzly and Raptor management.  On page ONE of the letter, it informed management that the Management of these two CANADIAN NBA teams did NOT have to make deductions for individual states.  Page TWO of the letter had a paragraph which stated that it was up to individual players to pay their tax on their own.