thinking of moving back to Canada - form I-131 - ask
Sent: Wednesday, September 07, 2005 6:44 AM To: taxman at centa.com Subject: thinking of moving back to Canada Hello, I am a US green card holder who is thinking of moving back to Canada. I want to make sure that I don't make this jump without understanding the tax implications. Here are some details that I'm curious about, some of them are for US taxes and others for Canadian.. hope you can help me out. My husband has been here 10 years, me nearly 8. We have 2 minor children born in the US but also recognized as Canadians. Q1. My husband has qualified for social security benefits - any idea if those will come his way once he reaches retirement age even if we live in Canada? (and aren't us permanent residents anymore) Q2. We sold our house last month and have met the five-year exemption from capital gains on our US taxes. If we move to Canada next month, will this exemption still be legit or will we be subject to some hideous nonresident noncitizen tax situation on our US taxes? Q3. Will we have any tax responsibilities (Canadian and/or US) for assets (house equity, 401K, stocks) we bring with us? Q4. When do we file our US return and is there anything special we need to do? Q5. Is there anything else we need to consider? Thanks very much, D XXXX __________________________________________________ david ingram replies" 1. Your husband can collect his US social security benefits while living in Canada providing he can prove (on application) that he was in the US working legally when he made the contributions. Your green card status means that you were there legally. 2. because your husband has been in the US for 10 years and you are now giving up your resident alien (green card) status, you are subject to a US departure tax. This requires you to list your assets when you leave and calculate any capital gains or accrued earnings. (this is analogous to Canada's rules). There be no surprises about the house. 3, There are no US accrued taxes on the 401(K) or house profits. There will be / may be / should be tax on any increased value of the stocks. Canada also values assets at their value as you cross the border. 4. You should file a temporary 1040C return as you leave the country. Then your formal 2005 1040 return will be n April 15, 2006 as usual. You can also apply for extensions at that time and, of course, your kind of dual country returns are the ones we specialize in. 5. Give a lot of thought to NOT giving up your green card. If I were you,I would fill in form I-131 BEFORE you leave the US. THIS WILL KEEP YOUR GREEN CARDS ALIVE FOR SOME TIME and give you time to re-assess your situation. I cannot even begin to count the number of clients I have had who have given up their green cards to come back to Canada and then changed their minds too late to return. You can find out more about form I-131 at: http://uscis.gov/graphics/formsfee/forms/i-131.htm If I were you, I would apply for my US citizenship first. 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 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. 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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 Immigration Wizard 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 105 106 TDF-90 Reporting $10,000 cross border transactions David Ingram's US/Canada Services US / Canada / Mexico tax, Immigration and working Visa Specialists US / Canada Real Estate Specialists Home office at: 4466 Prospect Road North Vancouver, BC, CANADA, V7N 3L7 Cell (604) 657-8451 - (604) 980-0321 Fax (604) 980-0325 Calls welcomed from 9 AM to 9 PM 7 days a week (please do not fax or phone outside of those hours as this is a home office) email to taxman at centa.com www.centa.com 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. If you forward this message, this disclaimer must be included." Be ALERT, the world needs more "lerts" ask international income tax & immigration expert consultant david ingram from North Vancouver, BC, Canada experts on RRSP RESP IRA 401(K) radio CKBD 600AM 9 AM Sunday mornings on Fred Snyder's IT's YOUR MONEY -------------- next part -------------- An HTML attachment was scrubbed... URL: http://www.centa.com/CEN-TAPEDE/centapede/attachments/20050908/a93d13f2/attachment.htm
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