US/Canadian Tax Preparation and Advice Ask a
I am a dual US/Canadian living and working in Canada. In 2004 I made more than 80k which I beleive is the amount where I now need to file US Income tax. I also own a vacation property in the US that I pay property taxes on. Do you provide assistance with tax preparation and advice for individuals in my situation? Sxxxx -------------------------------------------------------------------- david ingram replies: The rule is NOT that you do not have to file a US tax return until you make over $80,000 US. You have to file a US tax return at any amount of earnings and claim "up to" $80,000 as an exemption. If you make $60,000 and do not file the tax return within two years and get "caught" the IRS can charge you the tax without allowing foreign tax credits. Ten year old legislation does allow you to claim the exemption retroactively, but you have to qualify for the exemption and if there was a sale of stock, mutual funds or any other capital gains or dividend income or an RRSP, you can still be held liable for tax and serious penalties on income other than earned income. I do provide the kind of service you require. You can go to www.centa.com and read the US / Canada Income Tax section on the right hand side. The following was my answer to another similar question. ============================ My_question_is: Applicable to both US and Canada Subject: Dual Citizenship - Filing & Estate Taxes Expert: taxman at centa.com Date: Monday January 10, 2005 Time: 06:26 PM -0800 QUESTION: I was born in Canada in 1936 and I have been a resident of Canada all my life. I was educated and employed only in Canada. I have a few investments in Canada including RRSP's. I have been submitting Canadian taxes for over 50 years. I have never filed an IRS return and plan not to. I plan to die in Canada. I have NO investments in the US and receive NO benefits or income from the US. I visit the US occasionally. My father was born(1902)in the US and he immigrated to Canada at the age of 2. In 1987 I obtained US citizenship and therefore I have both Canadian and US citizenship. I have reviewed the following IRS publications: 901,597,514,593 and a few more. They all appear to refer to a US citizen only and are not applicable to my situation. I am aware that the US estate tax exemption this year is $1.5m, etc.etc. Are there any tax treaties that exempt me from filing with the IRS? Thanks, ======================================== david ingram replies: Sorry, When you invoked your right to US citizenship (you were always a US citizen even if you did not know it), you agreed to file US income tax returns for the rest of your life. There is no tax treaty that exempts you from the legal requirement to file your US Tax returns. In fact (as an example), if you were a single 62 year old earning $100,000 Canadian a year with normal deductions at work, no RRSP or Union deductions or any other sources of income, you would have an absolute mandate or obligation to file the US return and NO LEGAL OBLIGATION to file the Canadian return unless you received a specific request or demand from the CRA (Canada Revenue Agency). The reason is simple. You do not "have" to file a Canadian Tax return unless YOU OWE TAX. In this case, there would usually be a tax refund of about $600.00. If you do not file the return, you do not owe anything. At the same time, you would absolutely owe about $15,000 US tax to the US government (depending on the exchange rate) if you do not file your return. If you "DO" file your US return, you can exempt up to $80,000 US of earned income and claim foreign tax credits for any tax on investments. There would not likely be any tax if you filed but if you do not file they could give you a tax bill and not allow foreign tax credits which are officially cancelled after two years. Oh yes, if you revoke your US citizenship, you would call attention to this and the US government can simply request your earnings from the CRA and issue a bill. AND, if you revoke your citizenship to avoid US income or estate taxes, you are then banned from the US for life. Sorry, but you should get your returns up to date for at least the last six years (99 to 2004). Answers to this and other similar questions can be obtained free on Air every Sunday morning. Every Sunday at 9:00 AM on 600AM in Vancouver, Fred Snyder of Dundee Wealth Management and I, David Ingram will be hosting an INFOMERCIAL but LIVE talk show called "ITS YOUR MONEY" Those outside of the Lower Mainland will be able to listen on the internet at www.600AM.com <http://www.600am.com/> Local calls are taken at (604) 280-0600 and Long Distance calls are taken at 1( 866) 778-0600 ========================================= This from "ask an income tax and immigration expert" from www.centa.com <http://www.centa.com/> or www.jurock.com <http://www.jurock.com/> or www.featureweb.com <http://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, 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, and any of the 43 states with state tax returns, etc. Rockwall, Dallas, San Antonio and Houston Texas Denmark, Finland, Sweden Norway Bulgaria Croatia Income Tax and Immigration Tips, Income Tax and ImmigrationWizard Income Tax and Immigration Guru Income Tax and Immigration Consultant Income Tax and Immigration Specialist Section 216(4) 216(1) NR6 NR-6 NR 6 Non-Resident Real Estate tax specialist expert preparer consultant expatriate anti money laundering money seasoning FINTRAC E677 E667 4789 4790 TDF-90 Reporting $10,000 cross border transactions ========================= 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. 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 - consultant - expert - advisor -advisors consultants - gurus - Paris Prague Moscow Berlin Lima Rio de Janeiro, Santaigo ============================ New York, Boston, Sacramento, Minneapolis, Salem, Wheeling, Philadelphia, Pittsburgh, Atlanta, Pensacola, Miami, St Petersburg, Naples, Fort Myers, Cape Coral, Orlando, Atlanta, Arlington, Washington, Hudson, Green Bay, Minot, Portland, Seattle, St John, St John's, Fredericton, Quebec, Moncton, Truro, Atlanta, Charleston, San Francisco, Los Angeles, San Diego, Sacramento, Taos, Grand Canyon, Reno, Las Vegas, Phoenix, Sun City, Tulsa, Monteray, Carmel, Morgantown, Bemidji, Sandpointe, Pocatello, Bellingham, Custer, Grand Forks, Lead, Rapid City, Mitchell, Kansas City, Lawrence, Houston, Albany, Framingham, Cambridge, London, Paris, Prince George, Prince Rupert, Whitehorse, Anchorage, Fairbanks, Frankfurt, The Hague, Lisbon, Madrid, Atlanta, Myrtle Beach, Key West, Cape Coral, Fort Meyers, Berlin, Warsaw, Auckland, Wellington, Honolulu, Maui, Kuwait, Molokai, Beijing, Shanghai, Tokyo, Manilla, Kent, Winnipeg, Saskatoon, Regina, Red Deer, Olds, Medicine Hat, Lethbridge, Moose Jaw, Brandon, Portage La Prairie, Davidson, Craik, Edmonton, Calgary, Victoria, Vancouver, Burnaby, Surrey, Edinburgh, Dublin, Belfast, Glasgow, Copenhagen, Oslo, Munich, Sydney, Nanaimo, Brisbane, Melbourne, Darwin, Perth, Athens, Rome, Berne, Zurich, Kyoto, Nanking, Rio De Janeiro, Brasilia, Colombo, Buenos Aries, Squamish, Churchill, Lima, Santiago, Abbotsford, Cologne, Yorkshire, Hope, Penticton, Kelowna, Vernon, Fort MacLeod, Deer Lodge, Springfield, St Louis, Centralia, Bradford, Stratford on Avon, Niagara Falls, Atlin, Fort Nelson, Fort St James, Red Deer, Drumheller, Fortune, Red Bank, Marystown, Cape Spears, Truro, Charlottetown, Summerside, Niagara Falls, Albany David Ingram's US/Canada Services US / Canada / Mexico tax, Immigration 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 Fax (604) 980-0325 Email to taxman at centa.com <mailto:taxman at centa.com> www.centa.com <http://www.centa.com> www.david-ingram.com <http://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 <http://www.centa.com> . If you forward this message, this disclaimer must be included." Be ALERT, the world needs more "lerts" ============================== -- No virus found in this outgoing message. Checked by AVG Anti-Virus. Version: 7.0.300 / Virus Database: 265.7.1 - Release Date: 1/19/05 -- No virus found in this outgoing message. Checked by AVG Anti-Virus. Version: 7.0.300 / Virus Database: 265.7.1 - Release Date: 1/19/05
What's Related