This is a multi-part message in MIME format. ---------------------- multipart/alternative attachment Hi David I have been receiving your newslettter Q and A's for a few months now = and=20 find much of the information useful for my particular goal. I have sent = 3=20 inquiries to the Centa Group and received 2 answers, 1 from you, and = another=20 from George Hatton. OK, 2 out of 3 is not bad. I didn't really know why = the=20 3rd inquiry (to you) went unanswered, but I thought maybe it was lost or = overlooked during the changes that were occuring within the Centa Group = at=20 the time, or that perhaps it was a subject that you didn't want to = address=20 in a public forum. At any rate, I did not follow up until now, when I = read=20 your response to another's inquiry regarding visitation limits to US=20 citizens. The question was a multi-part question from US citizens who were = interested=20 in owning property in the Gulf Islands. They asked, "Can we get a 6 = month=20 visa, leave the country and re-enter within a short period of time?" = Your=20 answer did not address the issue of time required before re-entering. = This=20 was also the subject of my inquiry which had gone unanswered, and I find = it=20 odd that you didn't speak to the issue, since you are usually so = meticulous=20 in answering each part of each inquiry. So here I am trying again: 1) It was my understanding that US citizens who are visiting their = Canadian=20 property for up to 6 months, do not need a visa. Is this true? 2) It was also my understanding (according to a conversation with an=20 employee at the tourism information extention in the LA Canadian = consulate)=20 that there are no regulations which require a set time period before a = US=20 citizen will be permited to re-enter Canada to visit their vacation = property=20 for another 6 months. To your knowledge, is it true that there are no = such=20 regulations? 3) If it is true that there are no regulations regarding re-entry, and = it is=20 also true that each border crossing situation is subject to the will of = the=20 border crossing official, then I would like to be able to get a sense of = the=20 reality of restrictions that would likely arise regading access to my=20 vacation property for variable and/or extended periods of time, given = that I=20 do not stay longer than the 180 day limit for each visit. Can you = provide me=20 with some common sense answers on this matter? Consider that I would be=20 breaking no laws, that I have a squeaky-clean history, that I would have = enough funds to adequately support myself, that I would have US medical=20 insurance which would cover emergency service and transport back to the = US,=20 and that I would continue to maintain a principal residence in the US. Frankly, it is the uncertainty around this latter question that has = stopped=20 me from pursuing the purchase of vacation property on the Sunshine = Coast. If=20 you think that this is an issue that you do not want to address in a = public=20 forum, then perhaps you could respond briefly in a personal e-mail, or=20 perhaps you might suggest that I contact you by phone. Thanks again, LXXXX _________________________________________________________________ david ingram replies: I likely avoided the issue because there is no official answer. I would = like to say that regulation "this" or section "that" gives you the right = to da as you suggest. However, what you are describing is living in = Canada and You just cannot do that legally. No problem with coming for = six months. There is no regulation that says how long you have to be in = the USA (or Germany or France or Hong Kong, etc) before returning, and I = have met hundreds, if not thoudasands of people who are doing something = similar to what you want to do. However, I also run into people where = the Canadian government has evicted (deported) the people at great cost = and I know many more who have been booted out of the US for trying to do = the same thing in the USA. My favourite for the height of silliness was a Canadian couple who were = not allowed to go down for their own Xmas party (their guests all made = it) a couple of years ago because "someone" at the border told them they = had been down to their cottage in Point Roberts too many times that = year. I have never been able to find a regulation that limits the number = of trips but I have heard the same thing a hundred times from various = Canadians. At the same time, there is little doubt (in my mind at least) that the = regulations and the law were intended to allow someone into the country = for up to six months only, it just does not say that exactly. = Therefore, people go down as often as they want and stay for just about = as long as they want and it works out okay. =20 Many Seattle residents have places at Whistler for instance. The = problem in Canada develops when mom stays there all the time and has the = two kids in day care and starts taking over the local volunteer = organization. Many Canadians have places in Palm Springs or Scotsdale or Cape Coral, = Florida. before you know it, they are running the shuffleboard court, = have two golf carts and calling bingo. They end up living "there" and = visiting Canada. The old INS gets involved and the Canadians get booted = out. So, I cannot tell you that you can do what you want to do if you intend = to spend 330 or 290 or 190 days in Canada as a visitor. In practice, if = you do as you stated and keep a residence of equal or greater value in = the US available and open all year round, etc, you would get away with = it I am sure. But, if you get short and sellteh house int eh US or rent = it out, you are now likely illegal. In either case, the minute you are in Canda for more than 183 days a = year under the circumstances you describe, you will be taxable in = Canada on your world income although Canada will give you a foreign tax = credit for the taxes pai Sorry about not answering. I have about 300 unanswerd questions now and = there is no way i will ever catch up. I used to be happy when a question = came in. Now there are 25 or 30 a day and I have to pick out the ones I = want to answer. I try and answer one where there are a lot on the same = subject.=20 Of course, clinet emails get answered first and always. Good luck! david David Ingram's US/Canada Services US / Canada / Mexico tax and working Visa Specialists US / Canada Real Estate Specialists 4466 Prospect Road North Vancouver, BC, CANADA, V7N 3L7 Res (604) 980-3578 Cell (604) 657-8451 (604) 980-0321=20 New email to [email protected] 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" =20 Alaska, Alabama, Arkansas, Arizona, California, Colorado, = Connecticut, Deleware, District of Columbia, Florida, Georgia, = Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, = Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, = Mississippi, Missouri, Montana, Nebraska, Nevada, New Hamshire, New = Jersey, New Mexico,New York, North Carolina, North Dakota, Ohio, = Oklahoma, Oregon. Pennsylvania, Rhode Island, South Carolina, South = Dakota, Tennessee, Texas, Utah, Vermont, Virgina, West Virginai, = Wisconsin, Wyoming, British Columbia, Alberta, Saskatchewan, Manitoba, = Ontario, Quebec city, New Brunswick, Prince Edward Island, Nova Scotia, = Newfoundland, Yukon and Northwest and Nunavit Territories, Mount = vernon, Eumenclaw, Coos Bay and Dallas taxman and tax Guru This from = "ask an income tax and immigration expert" from www.centa.com or = www.jurock.com or www.featureweb.com. Canadian David Ingram deals daily = with tax returns dealing with expatriate: multi jurisdictional cross and trans border expatriate problems for the = United States, Canada, Mexico, Great Britain, the United Kingdom, = Kuwait, Dubai, Saudi Arabia, South Africa, Thailand, Indonesia, Egypt, = Antartica, 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, American and = Canadian and Mexican and any of the 43 states with state tax returns, = etc. =20 ---------------------- multipart/alternative attachment An HTML attachment was scrubbed... URL: http://www.centa.com/CEN-TAPEDE/centapede/attachments/f6bc8585/attachment.htm ---------------------- multipart/alternative attachment--
