QUESTION:
I am Canadian, my husband American. We live in Alaska and want to move to
BC...He will still work in Alaska and live in Canada...which country does he
pay taxes? Will he need a green card to live in Canada?
===========================================
david ingram replies:
Believe it or not, I have been to/through Trapper Creek "twice" and stopped
for a pizza there in Aug 2000. I think it was the Trapper Creek Pizza but I
could be dreaming. Earl Brown, the BC and Yukon editor of the MILEPOST is
also a good acquaintance of mine. I have also taken the eight hour Denali
Bus ride in twice and managed to see Denali both times form the bus and from
that major lookout on Highway 3. You are living in wonderful country but it
must get a little lonely when "tourists from hell" (what it says on my
T-shirt) are not coming through.
I have a Major suggestion.
BEFORE you leave Alaska. Get "your" US citizenship. Although your Husband,
can sponsor you back in the future if you change your mind, It will take
forever and be expensive if you decide to go back to Alaska or Montana or
North Dakota or any other place you might want to go.
In particular, if you leave the USA and your husband dies, or you should
separate (I was divorced from the wife I was at Trapper Creek with last
Friday), he would not be able to sponsor you back if you decided to move
back to the US.
I am bombarded with people who gave up their green cards and came back to
Canada and then wanted to move back to the US and found out that they just
couldn't.
I presume you are going to give up your home based business and that your
husband will be working at a job somewhere in Alaska.
If he moves to Canada and you sponsor him as a Permanent Resident, the
assumption is that he would be taxable in Canada. AND, you are moving from
one of the lowest taxed jurisdictions to one of the highest taxed
jurisdictions. BEFORE you make the move, you might want to get me or
someone else to do a pro-forma of what your tax situation will be.
For instance, just yesterday, I had a widow from Washington State in my home
office. She is 70 and her pensions were $6800 Social Security and about
$18,000 from her husband's pension. Her tax in the US was $850.00 US.
Her tax to Canada on the same income converted to Canadian Dollars is
another $3,000 Canadian after deducting the foreign tax credit for the tax
paid to the US government first.
Unfortunately, she has been here for three years and had not filed Canadian
taxes because her US son-in-law was doing her US taxes and it took two
years for the Canadian Government to catch up. Now she owes $9,000 and has
been "spending it all".
In your case, if your husband is going to be working on an oil rig or
something and coming out to visit you for a couple of months a year and does
NOT apply for landed status, I would file him as an Alaskan with a joint
return with you and his tax would be thousands of dollars less.
If you were going to be joining him for seven months of the year, you would
likely also be free of Canadian Tax if you did not join a Provincial health
plan, etc.
You should likely invest $350.00 Canadian ($280 US) and have a phone
consultation with me. BOTH OF YOU ON THE PHONE AT THE SAME TIME.
Write out the story of what you want to do including "where in BC" you want
to move to, email it before the phone call, and I will be glad to help.
BUT FIRST "YOU" get your US citizenship. If you applied now, and then came
out to BC for the four or five winter months and went back to Alaska again
and had not yet put in sponsorship papers for your husband to immigrate to
Canada, You would be okay.
Another secret we use quite often when you just have to leave and if you
were intending to come to Vancouver and work would be for you to get a place
in Blaine first for a year until you get your US citizenship. You can
commute daily to work in Vancouver and keep your husband's wages free from
the Canadian Tax Man at the same time. AFTER you get the US citizenship,
you can sponsor your husband to Canada by filling in the following which I
would also be pleased to help you with.
I have included an old Q & A
QUESTION: I'm a Canadian citizen and just got married. My wife is a U.S.
citizen. I would like to apply for my wife's permanent residence in Canada.
I would appreciate if you can tell me the process and how long would it
take.
Thanks in advance
===========================================
david ingram replies:
You will have to decide on whether to apply from within or without Canada.
Within would have her in Canada sooner but she can not work unless she has a
work visa. If she has a university degree, she might qualify as a
professional under Treaty NAFTA and get in sooner.
Basically to sponsor her, you need to fill in the following paper work. At
the moment, it is likely taking up to 28 months and is processed through
Buffalo New York
You can start the process by going to:
1. http://www.cic.gc.ca/english/pdf/kits/guides/3910e.pdf
This is a guide for sponsoring a US citizen spouse into Canada.
Publication 3910E
2. http://www.cic.gc.ca/english/pdf/kits/forms/IMM1344EA.pdf
This is the application form to sponsor - form IMM-1344A
3. http://www.cic.gc.ca/english/pdf/kits/forms/IMM1344EB.pdf
This is the sponsorship agreement - Form IMM-1344B
4. http://www.cic.gc.ca/english/pdf/kits/forms/IMM5481E.PDF
This is the Sponsorship Evaluation Form IMM-5481
5. http://www.cic.gc.ca/english/pdf/kits/forms/IMM5409E.PDF
This is a statutory declaration of a common-law marriage - FORM IMM-5409
6. http://www.cic.gc.ca/english/pdf/kits/forms/IMM5540E.PDF
This is the Sponsor Questionnaire - Form IMM-5540
7. http://www.cic.gc.ca/english/pdf/kits/forms/IMM5540E.PDF
This is an authority to release information - FORM IMM-5540
8. http://www.cic.gc.ca/english/pdf/kits/forms/IMM5491E.PDF
This is a document Checklist - Form IMM-5491
9. http://www.canadapost.ca/tools/docp/CIC/bin/hpm-e.asp
This is where you order your official receipt
10. http://www.cic.gc.ca/english/pdf/kits/forms/imm0008egen.pdf
This is your actual Application for Permanent Residence - FORM IMM-0008GEN
11. http://www.cic.gc.ca/english/pdf/kits/forms/imm0008_1e.pdf
This is your Background Declaration - FORM IMM-008_1
12. http://www.cic.gc.ca/english/pdf/kits/forms/IMM5406E.PDF
This is your additional family information - FORM IMM-5406
13. http://www.cic.gc.ca/english/pdf/kits/forms/IMM5490E.PDF
This is your spouse or conjugal partner questionnaire -= FORM IMM-5490
14. The Above PLUS a police report from your local police station (See
the guide for details) applies to those being sponsored from the UNITED
STATES. There is a separate brochure for every country. If you are reading
this and are from any other country (Australia, Brunei, Austria, Venezuela,
etc) goto
14 http://www.cic.gc.ca/english/applications/fc.html for other country
guides.
15. http://www.cic.gc.ca/english/skilled/assess/index.html
This is the self-assessment test for an individual to determine his or her
eligibility to immigrate to Canada without being sponsored by a spouse.
I know this will help you make your decision. If we can help you, remember,
that is what we do for a living. In particular you should goto
www.centa.com and click on and read US/Canada taxation BEFORE you come.
Be ALERT, the world needs more "lerts"
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 Cartier
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Those outside of the Lower Mainland will be able to listen on the internet
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