US funds wages liability in Windsor,
QUESTION: Hi, I am working in Detroit, USA on H1B1 visa and I live in Windsor as Canadian PR with my family. I have twin babies who are US born citizen. I daily commute for work from Windsor to Detroit. I am keeping 80% of my savings in US banks and remaining in Canadian banks (for monthly expenses and other purposes in Canada). Would I have any problem while filing the taxes as I would file the taxes first time in Canada next year? What is advisable? Thanks, ------------------------ david ingram replies: Your first tax liability is to the United States on your wages and on the earnings from the interest. However, you might want to show yourself as a non-resident of the USA under Article 4 of the US / Canada Income Tax Treaty. If you did so, you would pay no tax to the US on any interest you received but you would pay 15% tax to the US on any dividends you receive. If you choose the 1040NR route, Make sure you provide your US investment people with a filled in W8-Ben form immediately. This will mean that the institution will only withhold 15% tax on dividends and will not withhold tax on any interest. You can see the form here: http://www.irs.gov/pub/irs-pdf/fw8ben.pdf After getting the US figures, you will convert all the numbers to Canadian dollars and report them on a Canadian T1 General. The foreign tax you paid to the US including tax, Social Security and Medicare will go on line 431 of the Canadian return and the Foreign income will go on line 431 of schedule 1 of the federal form. The remainder of both figures (after the federal allowance) will go on the equivalent lines of the Ontario schedule 428. Your tax return would be immensely less complicated if you did not have any investments in the USA. You should also opt out of any 401(K) plans you might have because Canada does not recognize the deduction even though they want to tax you on withdrawal. I will remove this caveat if you have a matching plan where your company is contributing an equivalent amount. However, even in this case, you should arrange with your employer to give you the money instead and opt out of the plan and buy a Canadian RRSP. Happy to look after the returns at the time. 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, I, david ingram am a permanent guest on Fred Snyder of Dundee Wealth Managers' 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/> Call (604) 280-0600 to have your question answered. BC listeners can also call 1-866-778-0600. Callers to the show and questioners on this board can also attend the Thursday Night seminars on finance and making your Canadian Mortgage Interest deductible. 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 New email to davidingram at shaw.ca <mailto:davidingram at shaw.ca> 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> . 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