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Impaired - charge - will it keep you out of or Canada - Carmack -


QUESTION:

I have been convicted of impaired driving ...am I able to enter into the US or will I be rejected?
thanks
XXXX

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david ingram replies;

It can cause a problem but should not stop your entering the USA if that is all there is.  Just make sure that you tell the officer about it at the border even if not asked.

As an example, Gordon Campbell, the present Premier of British Columbia spent a night in jail and was convicted of Impaired driving in Hawaii and still goes back every year.  You could say you are in good company and you would be because Gordon is doing a pretty good job settling land claims, etc.

It DOES stop an American with one US DUI from entering Canada however.  My favourite story was 16 years ago now.

A fellow named Carmack from Atlanta, Georgia was going to Whitehorse in august 1992.

Why?

Well, he was the great nephew of George Washington Carmack, one of the discoverers of the Yukon Goldrush along with Skookum Jim Mason, his Brother in Law. http://en.wikipedia.org/wiki/George_Carmack

He had a gold embossed invitation from the Queen of England, a letter from the Acting Prime Minister of Canada, Erik Nielson (brother of Leslie Nielson, the actor) and his ticket was paid for by the Canadian Government. 

He was to be a special guest for the 50th Anniversary celebrations of the Alaska Highway at Carmacks, a town named after his great uncle. http://www.yukoncommunities.yk.ca/communities/carmacks/

However, when the Canadian Customs inspector asked him if he had ever been arrested, he said yes, for DUI eight years before and that was it.  He was turned back even though the inspector could have told him that he could have purchased a special permit for a one time entry or even got a permanent entry for $400.00.

What was silly, was that this Carmack was the Deputy director of the FBI in Atlanta.

It can happen to anyone on either side of the border.

You can, of course, go to any border office or the Homeland Security at the airport or at a border crossing at a time when you are not intending to cross and check with them to make sure that I am correct.  If you happen to be in Vancouver or Niagara Falls or st Lambert Quebec where the re is a US Customs and Homeland Security pre-clearance for AMTRAK trains, going to the station just as the train is pulling out of the station usually gets you an officer to talk to who has nobody else to talk to and you can get a decent conversation.

Hope this helps.
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SUGGESTED PRICE GUIDELINES - Aug 5, 2008
 
david ingram's US / Canada Services
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This is not intended to be definitive but in general I am quoting $900 to $3,000 for a dual country tax return.

$900 would be one T4 slip one W2 slip one or two interest slips and you lived in one country only (but were filing both countries) - no self employment or rentals or capital gains - you did not move into or out of the country in this year.
 
$1,200 would be the same with one rental
 
$1,300 would be the same with one business no rental
 
$1,300 would be the minimum with a move in or out of the country. These are complicated because of the back and forth foreign tax credits. - The IRS says a foreign tax credit takes 1 hour and 53 minutes.
 
$1,600 would be the minimum with a rental or two in the country you do not live in or a rental and a business and foreign tax credits  no move in or out

$1,700 would be for two people with income from two countries

$3,000 would be all of the above and you moved in and out of the country.
 
This is just a guideline for US / Canadian returns
 
We will still prepare Canadian only (lives in Canada, no US connection period) with two or three slips and no capital gains, etc. for $200.00 up. However, if you have a stack of 1099, or T3 or T4A or T5 or K1 reporting forms, expect to pay an average of $10.00 each with up to $50.00 for a K1 or T5013 or T5008 or T101 --- Income trusts with amounts in box 42 are an even larger problem and will be more expensive. - i.e. 20 information slips will be at least $350.00
 
With a Rental for $400, two or three rentals for $550 to $700 (i.e. $150 per rental) First year Rental - plus $250.
 
A Business for $400 - Rental and business likely $550 to $700
 
And an American only (lives in the US with no Canadian income or filing period) with about the same things in the same range with a little bit more if there is a state return.
 
Moving in or out of the country or part year earnings in the US will ALWAYS be $900 and up.
 
TDF 90-22.1 forms are $50 for the first and $25.00 each after that when part of a tax return.
 
8891 forms are generally $50.00 to $100.00 each.
 
18 RRSPs would be $900.00 - (maybe amalgamate a couple)
 
Capital gains *sales)  are likely $50.00 for the first and $20.00 each after that.

Catch - up returns for the US where we use the Canadian return as a guide for seven years at a time will be from $150 to $600.00 per year depending upon numbers of bank accounts, RRSP's, existence of rental houses, self employment, etc. Note that these returns tend to be informational rather than taxable.  In fact, if there are children involved, we usually get refunds of $1,000 per child per year for 3 years.  We have done several catch-ups where the client has received as much as $6,000 back for an $1,800 bill and one recently with 6 children is resulting in over $12,000 refund. 

Email and Faxed information is convenient for the sender but very time consuming and hard to keep track of when they come in multiple files.  As of May 1, 2008, we will charge or be charging a surcharge for information that comes in more than two files.  It can take us a valuable hour or more  to try and put together the file when someone sends 10 emails or 15 attachments, etc. We had one return with over 50 faxes and emails for instance. 

This is a guideline not etched in stone.  If you do your own TDF-90 forms, it is to your advantage. However, if we put them in the first year, the computer carries them forward beautifully.

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IRS Circular 230 Disclosure:  To ensure compliance with requirements imposed by the IRS, please be advised that any U.S. tax advice contained in this communication (including any attachments) is not intended or written to be used or relied upon, and cannot be used or relied upon, for the purpose of (i) avoiding penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.--

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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 for expert help, assistance, preparation, or consultation  in connection with personal or business affairs such as at www.centa.com or www.garygauvin.com.  If you forward this message, this disclaimer must be included." -