QUESTION:
What U.S. rights does a Canadian have if his child was born there?
If a Canadian is spending more time per year in the U.S. than in Canada, can
he buy property in Canada? And where would he get a mortgage? In Canada or
the U.S.? And where does he file taxes, if he is living in the U.S. but
being paid by Canadian employers?
Thanks.
--------------------------------------------------------------
david ingram replies:
A child born in the US to Canadian parents is automatically a US citizen
except in very special circumstances such as when the parents are something
like the Canadian Ambassador to the United States. The child must be
registered with Canada to claim its Canadian citizenship and this is best
done sooner rather than later.
You apply at http://www.cic.gc.ca/english/applications/retain.html
If one does not register in time, the child will lose their right to
automatic Canadian Citizenship.
Anybody with the money can buy any property in Canada with the exception of
some properties in (on) Prince Edward Island. Thousands of non-residents
obtains mortgages in Canada regular sources. Usually they will be required
to put 35% down however.
Your question is ambiguous. If you are living and working in the US for a
US employer and your family is with you and you are there most of the time,
your first tax liability is to the US. If your family is normally in Canada
and you are in the US for seven months and Canada the other five, you will
owe tax to the US first on the amount of money physically earned in the in
the US even if paid by a Canadian employer. You will owe tax to Canada on
your WORLD income because under Article IV of the Treaty, you are a resident
of Canada for tax purposes.
You really need to get this straight with your employer. He or she or it
needs some education if they have you working in the US in a permanent or
semi-permanent position and are still paying you from Canada. If you are
working and living in the US with your family (I assume so because of the
childbirth question) "YOU" do NOT want to be paid from Canada as a Canadian.
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