Canadian-US cross border tax question - David Ingram

Thank you for looking at my question.
I am a US citizen from upstate  Washington recently married to a
Canadian citizen from  Vancouver.  She has income from
investments and from a consulting practice in Canada. I have my
own business in the US primarily acting as a manufacturer’s agent
for a Canadian company dealing only with US customers. Her income
is substantially more than mine at present (40K vs. 90K). I have
a large tax loss carry-forward in the US from a previous
business. I have filled for my Canadian PR (from outside Canada
at the advice of our immigration lawyer). The intention is to
continue my business in the US, “commuting” from  Vancouver. We
are at a loss to understand how to file our tax return.
Technically, I am still a resident of the US, she of Canada. I
would hate to loose the tax loss carry-forward (about 500K US).
Will Canada recognize the carry-forward? The ideal scenario would
be for her to also take advantage of the tax loss. I don’t know
if this is possible. What would be our best recourse? I currently
have a CPA in the US who is very good, but with little experience
in cross-border issues.
Thank you for your time.
---------------------------------------------
david ingram replies:
If you move to Canada, you will effectively lose your loss
Carryforward.
Canada will NOT recognize a US loss from before you arrived.
If you want to continure to use it, you must maintain your US
residence and NOT become a Canadian resident.  This would allow
you to earn $500,000 tax free which is worth anywhere from $75 to
100,000  and a lot to give up for love.
Your wife has no method of using the loss unless she moved to the
US and filed a joint tax return with you and then, a substantial
part of "her" income would have to be from US sources.
Don''t tell anyone I suggested this but you could go to work for
your wife in the US and she could maybe pay you $60,000 or so a
year for the  next five years and that would allow you to use up
your loss in five or six years.
Just an idea and you would have to do some work for her.
If you decided to do something like this, she would have to visit
you as much in the US as you visit her in Canada.
You would both need what I call a border kit to continue to cross
the border without too many hassles.
Hope this helps
====================
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