QUESTION:
My wife is a US citizen working and living in the US. I am a Canadian
citizen studying, working, and living in Canada. I am trying to determine if
she is considered a Canadian resident for taxation purposes.
Some details:
We met while she was studying in Canada but did not live together nor
establish a common-law relationship. Upon completion of her studies, she
left Canada permanently 2 1/2 years ago. At that time, she had no ties to
Canada except our relationship. We married 6 months ago and are in the
process of applying for my permanent residency in the US.
Both of us maintain separate residences and almost completely separate
finances (we are one another's named beneficiaries for our investments and
insurance). She does not earn any income from Canadian sources.
I am quite concerned that filing NR73 with the CRA will result in an unfair
decision that exposes her US income to unfair taxation.
Thank you very much.
===============================================
david ingram replies:
Your wife is NOT taxable in Canada. You have applied to go to the US. Your
intention is to live as a family in the USA, not in Canada.
Goto www.centa.com and read the Wolf Bergelt case.
On the other hand as I told another enquirer today, you and your wife CAN
file a US joint return even though you do not live in the States and have no
income in the US. This should (depending upon your wife's income ) save her
$3,000 to $5,000 US dollars.
I would be happy to have our office look after it for you if you cannot find
local help.
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 host a LIVE talk show called "ITS YOUR
MONEY"
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