Getting ready to file final Canadian Departure Tax return -
This is the only free 'non-existing client' question i am answering for
two days
------------------
david ingram replies:
Your returns for the last five years have been incorrect if you did not report your world income.
If you were a deemed resident of Canada, the rules are that you have to report all your income in the world on your Canadian Tax return. Filing Blank or Zero returns is tax evasion and a criminal offense if they wanted to push it - very unlikely but possible.
Filing a departing Canada return now is meaningless if you have been filing blank returns up to now.
However, I expect that the CRA's deeming you a resident in the first place was likely incorrect. If you have been in the US full time for the last five years you have been a non-resident of Canada under Article IV of the US - Canada Income Tax Convention.
To answer the CRA's deeming you a resident, you should have reported all of your US income on the Canadian Return and then either claimed a foreign tax credit for the Social Security, Federal Income tax, Medicare and State Tax that you paid in the USA OR exempted the whole shebang of US income on line 256 under Article IV of the US Canada Income Tax Convention.
If you have been filing blank tax returns the assumption is that you must be a non-resident in which case the Departing return would have been 'sort of' automatic. You should have filed a departing resident return when you stopped reporting your Canadian income.
Your form T1161 was due with that return. Before doing anything, you should consult with someone who truly understands the situation and deals with it daily. A good test is to ask any consultant you start talking to, "what are forms T1161, t1243 and T1244 used for". If they do not identify the forms immediately, do NOT use that consultant.
We can help with that of course.
Others around the country are:
Remember, that this is the busiest month of our year and we do NOT have time to 'chat' about your situation if you phone. Expect to pay significant sums to deal with the matter. If you do decide to file a departing Canada return, the T1161 MUST BE filed by April 3th. there is a $25.00 a day (min $100) penalty for filing it late. However, the good news is that if you only have a bank account left, there is no need to file a T1161.
this, for instance is the only free question I am answering for two days and I usually answer three or four.,
Others I could recommend to help you are::
Gary Gauvin is absolutely qualified to deal with you. He is an old business partner of mine from Ottawa. He now practices outside of Dallas Texas as a one or 1 1/2 person office. If you deal with Gary, you will deal with Gary. He is a US enrolled agent. You can find his website easily. Type - income Tax Expert - into
google. Gary will come up as number one or two. Why, because he is. If I am looking for a first or second opinion, I call Gary. Disadvantage -
Gary is a one person office. Advantage - You will always get to talk to Gary.
Gary likes corporations. I and my three associates do not like them. I like dealing with individuals who deal cross-border withOUT corporations.
OR KPMG in Vancouver. The last time I checked they had 22 people in their US/Canada department. call (604) 691-3025. Advantage - Lots of Backup. Disadvantage - It will be hard to get the same person to deal with you three times in a row.
OR Steve Peters with KPMG in Halifax (902) 492-6011
OR Kevin Nightingale in Toronto (416) 733-9595
OR Len Vandenberg with BDO Dunwoody in Kelowna, BC. (250) 763-7600
OR Brad Howland in Victoria at (250) 598-6258
OR Steve Katz in Vancouver at (604) 732-1515
Why should you consult with someone. If I have a suggestion, it will be worth it. If I can't come up with anything, you will know that what you are doing is likely the best track. I will compare it to my dentist. When I went in the fall of 2005, I ended up with $16,000 to $18,000 of dental bills, a bunch of pain, and a lot of nice new caps, etc.
When I went for an inspection on Jan 29th, he could not find anything wrong except that I was not flossing. Which one did I appreciate more?
Well both - the first time was expensive but dealt with years of neglect. The second said I am on the right track. Peace of Mind is very valuable.
Good luck.
---------------------------------------
------------------
QUESTION: I will be filing my final Canadian tax return this month. 5 years ago, I did complete the NR-72- Determination of residency and the Canada Revenue Agency at that time deemed me as a Canadian Resident because of my ties. However, I've recently severed all times except a bank account. The last 5 years I've been filing US tax returns because of the substantial presence, I am considered a US resident for tax purposes. So, I've been filing US tax returns and paying taxes. However, my parents have been filing my tax returns in Canada the last 4 years stating I've earned zero income. Is this going to cause problems for me later? I didn't have any knowledge of income tax laws then. Does the IRS and Canada Revenue share income tax returns? What should I do? Thanks--------------------------------------------
david ingram replies:
Your returns for the last five years have been incorrect if you did not report your world income.
If you were a deemed resident of Canada, the rules are that you have to report all your income in the world on your Canadian Tax return. Filing Blank or Zero returns is tax evasion and a criminal offense if they wanted to push it - very unlikely but possible.
Filing a departing Canada return now is meaningless if you have been filing blank returns up to now.
However, I expect that the CRA's deeming you a resident in the first place was likely incorrect. If you have been in the US full time for the last five years you have been a non-resident of Canada under Article IV of the US - Canada Income Tax Convention.
To answer the CRA's deeming you a resident, you should have reported all of your US income on the Canadian Return and then either claimed a foreign tax credit for the Social Security, Federal Income tax, Medicare and State Tax that you paid in the USA OR exempted the whole shebang of US income on line 256 under Article IV of the US Canada Income Tax Convention.
If you have been filing blank tax returns the assumption is that you must be a non-resident in which case the Departing return would have been 'sort of' automatic. You should have filed a departing resident return when you stopped reporting your Canadian income.
Your form T1161 was due with that return. Before doing anything, you should consult with someone who truly understands the situation and deals with it daily. A good test is to ask any consultant you start talking to, "what are forms T1161, t1243 and T1244 used for". If they do not identify the forms immediately, do NOT use that consultant.
We can help with that of course.
Others around the country are:
Remember, that this is the busiest month of our year and we do NOT have time to 'chat' about your situation if you phone. Expect to pay significant sums to deal with the matter. If you do decide to file a departing Canada return, the T1161 MUST BE filed by April 3th. there is a $25.00 a day (min $100) penalty for filing it late. However, the good news is that if you only have a bank account left, there is no need to file a T1161.
this, for instance is the only free question I am answering for two days and I usually answer three or four.,
Others I could recommend to help you are::
Gary Gauvin is absolutely qualified to deal with you. He is an old business partner of mine from Ottawa. He now practices outside of Dallas Texas as a one or 1 1/2 person office. If you deal with Gary, you will deal with Gary. He is a US enrolled agent. You can find his website easily. Type - income Tax Expert - into
google. Gary will come up as number one or two. Why, because he is. If I am looking for a first or second opinion, I call Gary. Disadvantage -
Gary is a one person office. Advantage - You will always get to talk to Gary.
Gary likes corporations. I and my three associates do not like them. I like dealing with individuals who deal cross-border withOUT corporations.
OR KPMG in Vancouver. The last time I checked they had 22 people in their US/Canada department. call (604) 691-3025. Advantage - Lots of Backup. Disadvantage - It will be hard to get the same person to deal with you three times in a row.
OR Steve Peters with KPMG in Halifax (902) 492-6011
OR Kevin Nightingale in Toronto (416) 733-9595
OR Len Vandenberg with BDO Dunwoody in Kelowna, BC. (250) 763-7600
OR Brad Howland in Victoria at (250) 598-6258
OR Steve Katz in Vancouver at (604) 732-1515
Why should you consult with someone. If I have a suggestion, it will be worth it. If I can't come up with anything, you will know that what you are doing is likely the best track. I will compare it to my dentist. When I went in the fall of 2005, I ended up with $16,000 to $18,000 of dental bills, a bunch of pain, and a lot of nice new caps, etc.
When I went for an inspection on Jan 29th, he could not find anything wrong except that I was not flossing. Which one did I appreciate more?
Well both - the first time was expensive but dealt with years of neglect. The second said I am on the right track. Peace of Mind is very valuable.
Good luck.
---------------------------------------
On Mar 14, 2008, David
Ingram wrote:
It is very unlikely that blind or unexpected email to me will be answered. I receive anywhere from 100 to 700 unsolicited emails a day and usually answer anywhere from 2 to 20 if they are not from existing clients. Existing clients are advised to put their 'name and PAYING CUSTOMER' in the subject line and get answered first. I also refuse to be a slave to email and do not look at it every day and have never ever looked at it when I am out of town. e bankruptcy expert US Canada Canadian American Mexican Income Tax service and help
However, I regularly search for the words"PAYING
CUSTOMER" and always answer them first if they did not get spammed out.
For the last two weeks, I have just found out that my own email notes
to myself have been spammed out and as an example, as I wrote this on
Dec 25, 2007 since June 16th, my 'spammed out' box has
47,941 unread messages, my deleted box has 16645 I have actually looked
at and deleted and I have actually answered 1234 email questions for
clients and strangers without sending a bill. I have also put aside
847 messages that I am maybe going to try and answer because they look
interesting. -e bankruptcy expert US Canada Canadian American
Mexican Income Tax service and help
Calls welcomed from 10 AM to 9 PM 7 days a week Vancouver (LA) time - (please do not fax or phone outside of those hours as this is a home office) expert US Canada Canadian American Mexican Income Tax service help.
$1,700 would be for two people with income from two countries
Catch - up returns for the US where we use the Canadian return as a guide for seven years at a time will be from $150 to $600.00 per year depending upon numbers of bank accounts, RRSP's, existence of rental houses, self employment, etc. Note that these returns tend to be informational rather than taxable. In fact, if there are children involved, we usually get refunds of $1,000 per child per year for 3 years. We have done several catch-ups where the client has received as much as $6,000 back for an $1,800 bill and one recently with 6 children is resulting in over $12,000 refund.
David Ingram expert income tax service and immigration help and preparation of US Canada Mexico non-resident and cross border returns with rental dividend wages self-employed and royalty foreign tax credits family estate trust trusts income tax convention treaty advice on bankruptcy
It is very unlikely that blind or unexpected email to me will be answered. I receive anywhere from 100 to 700 unsolicited emails a day and usually answer anywhere from 2 to 20 if they are not from existing clients. Existing clients are advised to put their 'name and PAYING CUSTOMER' in the subject line and get answered first. I also refuse to be a slave to email and do not look at it every day and have never ever looked at it when I am out of town. e bankruptcy expert US Canada Canadian American Mexican Income Tax service and help
Therefore, if an email is not answered in 24 to
48 hours, it is likely lost in space.
You can try and resend it but if important AND YOU TRULY WANT OR NEED
AN ANSWER from 'me', you will have to phone to make an appointment.
Gillian Bryan generally accepts appointment requests for me between
10:30 AM and 4:00 PM Monday to Friday VANCOUVER (Seattle, Portland, Los
Angeles) time at (604) 980-0321. david ingram expert
US Canada Canadian American Mexican Income Tax service and help.
david ingram's US / Canada Services
US / Canada / Mexico tax, Immigration and working Visa Specialists
US / Canada Real Estate Specialists
My Home office is at:
david ingram's US / Canada Services
US / Canada / Mexico tax, Immigration and working Visa Specialists
US / Canada Real Estate Specialists
My Home office is at:
4466 Prospect Road
North Vancouver, BC, CANADA, V7N 3L7
Cell (604) 657-8451 -
(604) 980-0321 Fax (604) 980-0325
North Vancouver, BC, CANADA, V7N 3L7
Cell (604) 657-8451 -
(604) 980-0321 Fax (604) 980-0325
Calls welcomed from 10 AM to 9 PM 7 days a week Vancouver (LA) time - (please do not fax or phone outside of those hours as this is a home office) expert US Canada Canadian American Mexican Income Tax service help.
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 for expert
help, assistance, preparation, or consultation in connection with
personal or business affairs such as at www.centa.com. If you forward this message, this disclaimer must be
included." e bankruptcy expert US Canada Canadian American
Mexican Income Tax service and help.
David Ingram
gives expert income tax service & immigration help to non-resident
Americans & Canadians from New York to California to Mexico
family, estate, income trust trusts Cross border, dual citizen - out of
country investments are all handled with competence & authority.
Phone consultations
are $450 for 15 minutes to 50 minutes (professional hour). Please note
that GST is added if product remains in Canada or is to be returned to
Canada or a phone consultation is in Canada. ($472.50 with GST if in
Canada) expert US Canada Canadian American
Mexican
Income Tax service and help.
This is not intended to be definitive
but in general I am quoting $900 to $3,000 for a dual country tax
return.
$900 would be one T4 slip one W2 slip
one or two interest slips and you lived in one country only (but were
filing both countries) - no self employment or rentals or capital gains
- you did not move into or out of the country in this year.
$1,200 would be the same with one
rental
$1,300 would be the same with one
business no rental
$1,300 would be the minimum with a
move in or out of the country. These are complicated because of the
back and forth foreign tax credits. - The IRS says a foreign tax credit
takes 1 hour and 53 minutes.
$1,600 would be the minimum with a
rental or two in the country you do not live in or a rental and a
business and foreign tax credits no move in or out
$1,700 would be for two people with income from two countries
$3,000 would be all of the above and
you moved in and out of the country.
This is just a guideline for US /
Canadian returns
We will still prepare Canadian only
(lives in Canada, no US connection period) with two or three slips and
no capital gains, etc. for $200.00 up.
With a Rental for $400, two or three
rentals for $550 to $700 (i.e. $150 per rental) First year Rental -
plus $250.
A Business for $400 - Rental and
business likely $550 to $700
And an American only (lives in the US
with no Canadian income or filing period) with about the same things in
the same range with a little bit more if there is a state return.
Moving in or out of the country or
part year earnings in the US will ALWAYS be $900 and up.
TDF 90-22.1 forms are $50 for the
first and $25.00 each after that when part of a tax return.
8891 forms are generally $50.00 to
$100.00 each.
18 RRSPs would be $900.00 - (maybe
amalgamate a couple)
Capital gains *sales) are likely
$50.00 for the first and $20.00 each after that.
Catch - up returns for the US where we use the Canadian return as a guide for seven years at a time will be from $150 to $600.00 per year depending upon numbers of bank accounts, RRSP's, existence of rental houses, self employment, etc. Note that these returns tend to be informational rather than taxable. In fact, if there are children involved, we usually get refunds of $1,000 per child per year for 3 years. We have done several catch-ups where the client has received as much as $6,000 back for an $1,800 bill and one recently with 6 children is resulting in over $12,000 refund.
This is a
guideline not etched in stone. If you do
your own TDF-90 forms, it is to your advantage. However, if we put them
in the first year, the computer carries them forward beautifully.
This from "ask an income trusts tax service and
immigration expert" from www.centa.com or www.jurock.com or www.featureweb.com. David Ingram deals on a daily basis with expatriate tax
returns with multi jurisdictional cross and trans border expatriate
problems for the United States, Canada, Mexico, Great Britain, United
Kingdom, Kuwait, Dubai, Saudi Arabia, Thailand, Indonesia, Japan,
China, New Zealand, France, Germany, Spain, Italy, Russia, Georgia,
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Vincent, Grenada,, Virgin Islands, US, UK, GB, and any of the 43 states
with state tax returns, etc. Rockwall, Dallas, San Antonio Houston,
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ingram
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& immigration consultant, income trusts experts on rentals mutual
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