Hello David Ingram,
I found your contact info via Google. It looks like you answer
questions regarding cross-border real estate purchases. Forgive me if
this isn't the case.
I am a Canadian citizen who would like to co-purchase a house in the US
(Philadelphia) with a close friend (who is an American). I would live
there part of the year - either without working - or doing short
contracts on a P2 visa (i work in theatre). Am i able to do this
legally? What are the hurdles?
Yours,
-------------------------------------------
david ingram replies:
You can buy any property you want in the US although you can not necessarily
live in it.
To be a visitor in the US, you have to have a home in Canada. The home in
Canada must be ready for you to sleep in at anytime which means that it can
NOT be rented to others while you are staying in the US, This affects all
sorts of people who live in Motorhomes and travel in retirement. They get
turned back at the US border because they do not have a home available to
them in Canada.
Assuming you have a home in Canada, you are then able to "visit" your
seasonal home in the for up to six months at a time.
The six months is not automatic however. If you went across the border and
said you were going shopping for the day and then went to Philadelphia and
stayed in your house for six months, you would be illegal and subject to
deportation.
You MUST tell them you are going for the six month (or two or three months)
period when you cross the border.
Of course, if you qualified for a P visa you would be legal and there would
be no problem.
Remember that you have to file a US income tax return if you are in the for
more than 183 days in one year or more than 183 days under the substantial
presence test which adds the days you are there in a current year to
one/third of the days you were there the year before and one/sixth of the
days you were there two years before. If that total is more than 183, you
owe them a current income tax return on your world income unless you file
form 8840 to prove a closer connection to Canada.
See my April 1994 newsletter at www.centa.com (top left hand box) for more
information on this.
-------------------------------------------------
David Ingram's US / Canada Services
US / Canada / Mexico tax, Immigration and working Visa Specialists
US / Canada Real Estate Specialists
My Home office is 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 Vancouver (LA) time -
(please do not fax or phone outside of those hours as this is a home office)
email to taxman at centa.com <mailto:taxman at centa.com>
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
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