Losing Green Card
Hello, I've read your website & articles & wanted to submit the following to "Ask an Expert", but I couldn't get past the non-secure sign-in that it wouldn't accept anyway: I've read your forums about Canadians working for US companies remotely/virtually & residing in Canada. One answer said, "If you are a Canadian without a green card, you do not have to file a US tax return." What if you do have a green card? - my understanding is you have to surrender it. Maybe the answer is still the same? You file taxes with Revenue Canada? -----------------------------------------------------------------------
david ingram replies:
If you are a Canadian with a green card, you must continue to file US returns and report your world wide income to the USA.
You do not have to surrender it if you have filed form I-131 to keep it when you left and if you have continued to file your US returns, it is likely that you can keep the green card. Although anecdotal, I have personally seen some 100 people come to Canda with their green cards, file their returns and then return without problems. I have also seen an eqaul number have their green cards taken away. ( one lady at the house today was in that position and now desparately wants to return but did not appeal the cards beeing taken away in time.
I have seen at least 20 people have their card taken away and get it back on appeal.
There are no absolutes.
In either case, if you are living and working in Canada, your tax is owed to Canada first. Usually, paying canada first will generate enough foreign tax credit that you will NOT be taxed in the US. �
david ingram replies:
If you are a Canadian with a green card, you must continue to file US returns and report your world wide income to the USA.
You do not have to surrender it if you have filed form I-131 to keep it when you left and if you have continued to file your US returns, it is likely that you can keep the green card. Although anecdotal, I have personally seen some 100 people come to Canda with their green cards, file their returns and then return without problems. I have also seen an eqaul number have their green cards taken away. ( one lady at the house today was in that position and now desparately wants to return but did not appeal the cards beeing taken away in time.
I have seen at least 20 people have their card taken away and get it back on appeal.
There are no absolutes.
In either case, if you are living and working in Canada, your tax is owed to Canada first. Usually, paying canada first will generate enough foreign tax credit that you will NOT be taxed in the US. �
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