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QUESTION:
I am an American living in Canada on a landed status. If I apply for Canadian citizenship, am I required to give up my American citizenship as
part of the process? Where can I obtain more information on this?
Thank you ~
SXXXXXXXX
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david ingram replies:
Go and get your Canadian Citizenship. Both Canada and the US allow dual citizenship although the reasons and application are different. You can get most of the story by reading my October 1993 newsletter which you can find by going to:
www.centa.com
click on [newsletters]
click on [1993]
click on October
Canada has allowed Dual citizenship since Feb 1977. The United States tried to take your US citizenship away up until a Supreme Court Case in 1980.
However, if a Canadian became an American prior to Feb 1977, Canada considered them to have given up their Canadian citizenship and the Canadian has to apply for Landed status to come back if they make a fuss about it. (lots just come back and nothing is said).
Americans, on the other hand who thought they had given up their citizenship before 1980 did not unless they had a certificate of loss on nationality issued against them. In my 38 years in this business I have never seen such an animal although I do knoiw they existed. Any American who became a Canadian is still an American citizen.
However, the catch is that thjey are also still liable for back US taxes and should have been filing forever. If they had good reason to think that they had lost their citizenship and have just realized they are still a US citizen, we can apply for an extenuating circumstances exemption for back taxes but current tax returns are still owing.
I hope that you are doing your US taxes and that you are reporting your Canadian RRSP's to avoid quite large penalties for failure to report your Canadian or other foreign accounts to teh US treasury.
You can find out more about this by goint to the newsletter section at www.centa.com and reading the Oct 1995 newsletter which deals witht he responsibilites of US citizens living in Canada.
If you need any help, that is what we do.
David Ingram's US/Canada Services
US / Canada / Mexico tax 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
New email to [email protected]
www.centa.com www.david-ingram.com
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 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"
This from "ask an income tax and immigration expert" from www.centa.com or www.jurock.com or www.featureweb.com. Canadian David Ingram deals daily with tax returns dealing with expatriate:
multi jurisdictional cross and trans border expatriate problems for the United States, Canada, Mexico, Great Britain, the United Kingdom, Kuwait, Dubai, Saudi Arabia, Thailand, Indonesia, Japan, China, New Zealand, France, Germany, Spain, Italy, Russia, Georgia, Brazil, Peru, Ecuador, Bolivia, Scotland, Ireland, Hawaii, Florida, Montana, Morocco, Israel, Iraq, Iran, India, Pakistan, Afghanistan, Mali, Bangkok, Greenland, Iceland, Cuba, Bahamas, Bermuda, Barbados, St Vincent, Grenada,, Virgin Islands, US, UK, GB, American and Canadian and Mexican and any of the 43 states with state tax returns, etc.
Your name has been added to our email list because of an enquiry we have received, we may not answer your question but
another similar question will be as we lump them.
You may find more answers at www.centa.com
David Ingram of the CEN-TA REALTY Group
US / Canada / Mexico tax and working Visa Specialists
US / Canada Real Estate Specialists
(604) 980-0321 - Fax 913-9123 [email protected]
www.centa.com www.david-ingram.com
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