Montreal to California How / where to file?? - ARTICLE

This is a multi-part message in MIME format.
---------------------- multipart/alternative attachment
Dear Mr. Ingram,
I am a canadian citizen working in California on a TN-Visa and I need your help in clarifying what exactly I have to do tax wise.  I know I must file a "departure form" but I don't know what date to put on it.  Here is my situation:
1)  I left Montreal to live in California in late December of 2002 but put my parent's Ontario adress as my new province of residence for 2003 on my 2002 tax filings because I didn't know how much I would be moving around etc..  
2)  I got a TN-Visa in late April but the job disappeared before I got to start it.  I've been working at my current job since August 1st.
3) In Canada I left some RRSPs and some stock that is now worth nothing.  I get my statements sent to my parent's in Ontario because my bank told me I had to sell all my stock and my RRSPs and I didn't want to since the stock has gone down so much....  -- I seem to recall reading on your site recently that this is illegal, what do you recommend (I plan on living here for another 3-5 years and am contributing to my 401k through my employer)  Would I have to file in Canada for 2004 if I actually got rid ofmy canadian RRSPs?
4)  Since I have no credit in the US, I continued to use my canadian credit cards and credit line and account.  I have stopped using them in 2004 and am in the process of paying it all back. (I know that this is a bad move but I really had no choice)
5) In January 2003, I received a cash out on my RRSP from my previous employer less income taxes.
Can you clarify what my departure date would be? On January 1st 2003, late April with first TN, August 1st with second TN or December 31st 2003 (last time canadian credit card used).  Would I need to file a departure form for federal and provincial taxes?  If I file a dual in both countries, which one do I calculate first??  Where/how do I file thereafter?
I would appreciate any help you could provide, as well as a quote on how much you would charge for preparing my return(s) given all of the details mentioned above.
Thank you for your time.
Sincerely,
CXXXXXXXXXX
====================================
david ingram replies:
Someone, likely us, has to straighten it out for you.
For 2003, if you had no income in Canada, we would file a departing Canada tax return.  You  did not have to sell  your stock or your RRSP. That was bad advice.
You might have had to "move" your stock from a Canadian to a US broker but you did NOT have to sell it.   Ditto, with the RRSP.
If your intention is to stay in the US, I do not care if you have Canadian Credit cards or not.  GO TO www.centa.com and read the US/CANADA Taxation section and see if you can find tax treaty parts dealing with ARTICLE IV
We can help you by  fax, mail or  email or even courier and do your Canadian and US  and California returns at the same time.
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
Calls accepted from 10 AM to 10 PM 7 days a week
Res (604) 980-3578 Cell (604) 657-8451
Bus (604) 980-0321 
[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 & the author and any and all non-contractual duties are expressly denied. All readers should obtain formal advice from a competent financial, or real estate planner or advisor & appropriately qualified legal practitioner, tax or immigration specialist in connection with personal or business affairs such as at www.centa.com. If you forward this message, this disclaimer must be included."
This from "ask an income tax and immigration and bankruptcy 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, South Africa,  Thailand, Indonesia, Egypt, Antarctica,  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.
income tax wizard wizzard guru advisor specialist consultant taxman  preparer of Alaska,  Alabama,  Arkansas,  Arizona, 
 California,  Colorado, Connecticut,  
Delaware, District of Columbia,  Florida, 
Garland, Georgia,  Hawaii,  Idaho,  Illinois,
  Indiana,  Iowa,  Kansas,  Kentucky, 
 Louisiana,  Maine,  Maryland,  
Massachusetts, Michigan, Minnesota,  
Mississippi,  Missouri,  Montana,  Nebraska,  
Nevada, New Hampshire,  New Jersey, 
New Mexico,New York, North Carolina,  
North Dakota,  Ohio,  Oklahoma,  Oregon. 
Paris,  Rome, Sydney, Australia Hilton
Pennsylvania,  Rhode Island,  Rockwall, 
South Carolina, South Dakota, Tennessee,  
Texas,  Utah, Vermont,  Virginia, 
West Virginia, Wisconsin, Wyoming, 
British Columbia, Alberta, Saskatchewan, 
Manitoba, Ontario, Quebec City, 
New Brunswick, Prince Edward Island, 
Nova Scotia, Newfoundland, Yukon and 
Northwest and Nunavit Territories,  
Mount Vernon, Eumenclaw, Coos Bay 
and Dallas Houston Rockwall Garland 
Texas  Taxman and Tax Guru  and wizzard 
wizard - 
---------------------- multipart/alternative attachment
An HTML attachment was scrubbed...
URL: http://www.centa.com/CEN-TAPEDE/centapede/attachments/2d2bff35/attachment.htm
---------------------- multipart/alternative attachment--

Trackback

Trackback URL for this entry: http://www.centa.com/trackback.php/UsCaWeekofMon20040119000661.html

No trackback comments for this entry.

0 comments