Sent: Wednesday, October 26, 2005 6:29 PM
To: taxman at centa.com
Subject: OUT OF THE COUNTRY LAWS & ALBERTA HEALTH CARE
RE: OUT OF THE COUNTRY LAWS PERTAINING TO ALBERTA HEALTH CARE.
I CALLED ALBERTA HEALTH CARE & I BELIEVE THIS IS WHAT THEY SAID.
COULD YOU PLEASE TELL ME IF I AM CORRECT IN MY UNDERSTANDING OF
THE FOLLOWING.
IN ONE CALENDAR YEAR JAN. 1, 2005 UNTIL DEC. 31, 2005, I WAS IN
FLORIDA FOR 137 DAYS. I THEN RETURNED HOME, TO ALBERTA, FOR 175
DAYS. I NOW PLAN TO LEAVE AGAIN IN NOV. & BE IN FLORIDA FOR 53
DAYS UNTIL THE END OF DEC. THIS WILL HAVE ME OUT OF THE COUNTRY
FOR 190 DAYS IN THE CALENDAR YEAR OF 2005. I WILL ALSO KEEP ON
STAYING THERE UNTIL MAY 2006. I WILL THEN RETURN TO ALBERTA &
RETURNING AGAIN IN NOV 2006.
I WAS TOLD AS LONG AS I DO NOT STAY OUT OF THE COUNTRY FOR MORE
THAN 183 DAYS AT ONE TIME, WITHIN THE CALENDAR, YEAR THAT THERE
IS NOT PROBLEM WITH MY ALBERTA CARE.
DAVID I TRUST YOU MORE THAN THE PEOPLE AT ALBERTA HEALTH CARE & I
WOULD VERY MUCH APPRECIATE IF YOU COULD TELL ME IF THIS
INFORMATION IS CORRECT & IF I AM UNDERSTANDING IT CORRECTLY.
THANK YOU IN ADVANCE FOR YOUR CONSIDERATION OF ANSWERING MY
LETTER.
BEST REGARDS,
ALBERTA RESIDENT
--------------------------------------------------------------
david ingram replies:
My understanding is that Alberta Medical requires you
1. To be lawfully admitted to Canada
2. Make your home in Alberta
3. Sleep in Alberta 183 nights.
Your information as stated is incorrect unless you are there as a
full time student and have a US student's visa in which case
Alberta Medical will cover you for up to five years out of the
country. Another exception applies to business people leaving
for a long period to work but still making their home in Alberta
(or BC or Saskatchewan or New Brunswick, etc). In this case, the
person can write to Alberta Health, explain their situation and
receive written confirmation of their coverage. However, it will
only be extended for one year. If you are going to be away for
more than one year, you have to arrange for private care.
BC cancels some 30 people a week who are found to have been out
of the province for more than 183 days. I have had clients
retroactively billed for up to $125,000 for medical usage for up
to 10 years back.
The first one I ran into was a person who spent the summers in
the Yukon gold panning, about 3 to 4 months at their home in
Vancouver in the spring and fall and another 4 to five months in
Mexico during the winter. Even though they were in CANADA long
enough, they were not in BC. To qualify for BC medical, they had
to be in BC for more than 183 days.
Another problem facing you is that from your declaration, you
would be taxable on your world income in the US in 2005. The
problem is that by being in the US for more than 183 days in a
calendar year, you become taxable on your world income for the
calendar year. This is always true if you are there for more
than 183 days unless on a US student visa.
In addition if you are there for more than one year, you have to
calculate the 183 day rule for US purposes as follows:
You take the number of days in the current year which you say is
already 137. 137
To that you add 1/3 of the days in 2004 - assume 150 - one third
is 50 50
and then add 1/6th of the days in 2003 - assume 120 - 1/6th is 20
20
For a total number of days (137+50+20) equal to 207
207
Since the number of days exceeds 183, you must file a US 1040 and
report and pay tax on your world income or file a US 1040NR plus
an 8840 form which tells the US government that you have a closer
connection to Canada. The 8840 is not valid and cannot be filed
for any year you are there for more than 183 actual or physical
days in a year.
In addition if you are a US citizen or have a green card (maybe
issued under the Jay Treaty of 1794), you are taxable in the US
on your world income anyway.
Better stay in Alberta longer.
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 regular 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.
And for those in the Vancouver area, Fred is running an
infomercial for 1/2 hour every night in October on Channel 10
television at "groooaaannnn" 1 AM in the morning. It has a couple
of useful concepts in it that can be recorded to really get the
idea.
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 10 AM to 10 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"
This from "ask an income tax and immigration expert" from
www.centa.com or www.jurock.com or www.featureweb.com. David
Ingram deals on a daily basis with expatriate tax returns with:
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Immigration Tips, Income Tax and Immigration Wizard Income Tax
and Immigration Guru Income Tax and Immigration Consultant Income
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