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Canadian married to an American - has not moved yet - how to file?

QUESTION: Dear Mr. Ingram,

I am so grateful I came across your website while searching for answers regarding cross border tax issues. Please help me with my inquiries.

I am a Canadian and is married to a U.S. citizen since 2006. He is in the U.S., and I still reside and work in Canada. I will not move there until the approval of my immigration papers.

I would greatly appreciate your expert advise regarding my inquiries below.

1. I will be filing my 2006 tax return this month (Toronto,Ontario), & would want to know if I still need to declare my husband's income in my tax return the fact that he is not a Canadian resident.

2. For his 2006 tax return would he also need to declare my Canadian income for 2006, even I have not moved there yet? Any advantages of doing so?

3. Should I get the approval of my immigration visa by May 2007, how and where to apply for the non-resident status in Canada for tax purposes.

4. For my tax return for 2007, will I need to file 2 income tax returns? A separate tax return for my Canadian income, then file a joint tax return with my husband in the U.S.?

5. Should I move and become a resident in the U.S. in May 2007. Will I just need to file my income from January to April 2007 for my Canadian tax return,
then from May 2007 to December 2007 for my U.S. tax return?

Or do I need to file income from Jan 2007 to Dec 2007 for my joint tax return in the U.S.? In this case would I be taxed twice?

5. How about the Canadian 'exit return. Would that be for my 2007 tax return?

6. I immigrated in Canada in Feb 2001. Would any of my CPP contributions be carried over once I move to the U.S., considering that I have only been in Canada for less than 10 years? Is there are U.S./Canada treaty regarding pension plan contributions?


I look forward for your help. Thank you very much in advance.

Sincerely,

-------------------------------------

david ingram replies:

This was outside the two a day of two non-client questions I am answering but I spotted it as it was being sent away and here goes:

1. Your husband's income should be shown on your Canadian return. It is not taxed but does count agaisnt you for things like GST credits and renter's and sales tax credits.

2. He should be filing a joint US return with you. It will save him some $3,000 to $5,000 in tax depending upon his own income. He will either exempt your income on fomr 2555 or claim a foreign tax credit on form 1116.

3. There is nothing to apply for.

4. you will have to file a departing Canada return and maybe forms 1161, 1243 AND 1244 (ONLY IF YOU ARE LEAVING A HOUSE OR STOCK MARKET PORTFOLIO OR SUMMER CABIN or other asset behind - see form T1161). You will also need to file a US return which will likley be a joint one with your husband.

5. Yes see 4 above -

6. Yes, there is a UK-Canada and a US-Canada Social Security Totalization agreement which will mean that if you work for at least 4 years in the US and contribute to US Social Security, that ime (not the money) contributres to the 10 year requirement for CPP.

You are welcome

david ingram
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Canadian Tax (Quebec) - Seattle - Green card

Subject: Canadian Tax (Quebec)
Expert: [email protected]
Date: Thursday March 01, 2007
Time: 03:54 PM -0500

QUESTION:

Hi David,

I have been working in US for 3 years. I hava a house in Montreal. My wife and two kids are in Montreal. When I left Montreal I returned Medical Card and Driver Licence to Quebec right away. I declared myself as separate from my wife, and so I pay tax saparately. I have Green Card and I live in Seattle. I was in Georgia State for one year.


My question:
Do I make a mistake not paying the tax to Quebec? What is a link between Federal and Provincial Tax. If I pay to Federal and not to Province, does Province knows about me?
What I should do?
I have paied tax to US and to Canada, but not to Quebec.

Thank you


---------------------------------------------------------------------------------------------
david ingram replies:

If you are separated from your wife and living in the US, you should NOT be paying any tax to Canada. If you are paying tax to Canada because you are still romantically linked with your wife, you should be paying tax to Quebec as well.
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UK National Health and Canadian Pensions for new Canadian

Dear Sir,

My wife and I each have 10 years worth of National
Insurance paid with UK and we are planning to move to
Toronto permanently. What do you recommend we do ie.
continue to pay UK National Insurance or stop paying
it?

What is the pension system in Canada like? What should
we know before we get there? We are both 40 years old
and kind of late in our pension arrangements...

We plan to buy a house in Toronto in the range of
$250,000 with a down payment of %10 to %15. What kind
of salary range would they require for that?

I work for a US cruise company and my salary is
tax-free. Will I have to pay tax once I move to
toronto? I will not be spending more than 4 months a
year for the first 2 years in Toronto.

Thank you kindly for your answers


---------------------------------------------------------------------
david ingram replies:

Canada has two government pensions:

The Canada Penison plan covers workers who put in approxiamately 5% of their income up to $40,000 if an employee and 10% of their net income if self employed. One can start withdrawing it at age 60 at the earliest of age 70 at the latest. To get a full penion, one has to contribute at the maximum for 40 years. Therefore, if you put in until age 70, the most you would receive is 75% of the maximum pension.

We also have the Old Age Security pension which one receives for being alive and being a resident of Canada. It can start at age 65 and also requires 40 years ofr esidence in Canada. In your case, you would receive 25/40's of the pension . It also has a means test attached and some of it starts getting claweed back at about $60,000 of income and it disappears entirely at about $85,000 of income in 2006 dollars. Those figures will be wite different 25 years from now.

You can no longer pay into the UK National Insurance as a resident of Canada.

There are all sorts of possibilities depending upon the prevailing interest rate and whehther the purchase qualifies for CMHC financinag and gurantees to teh lender.. In general, you wopuld need about $55 to 60,000 of income to justify a new purchase as described.

Once you become a resident of Canada with a home available to you, you can expect that Canada will tax your cruise ship income. Goto www.centa.com andread the US/Canda taxation section in the seconbd box down on the right hand side. There are lots of examples there showing how Canada taxes its residents and citizens. To escape this, you would have to have a full blown home in another country where you spent more than 183 days of the year.
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short Sale of lot question

Subject: short question


I own a home that we bought this year in April, and want to sell a lot that I have had for many years. Can I avoid capital gain if I sell before Christmas or are they( rev can) that strick about when I can sell this?.

Until buying this place in April, we had previously rented for many years, and didnt own our own home.
thanks.

Our accountant said to just sell, as we could probably slip it though. Said that they are doing that all the time. what do you think David....?

thanks
-------------------------------------------------------------------------
david ingram replies;

The sale of the lot is clearly subject to capital gains tax and your accountant's advice makes you both subject to criminal conspiracy charges for evading income tax.

Shoot the accountant or at least change accountants. It is very poor advice.

pay the tax and then you do not have to worry about someone turning you in five years from now.
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PART II - I made an Error re UK NI payment from Canada

Thanks to Frank N for this.
>
>
> Dear David Ingram
>
> The advice you gave regarding paying into UK National Insurance needs correction.
>
> In most cases, someone who has lived in the UK and worked there for at least 3 years then moved to live in Canada or any other country can pay Voluntary UK National Insurance Contributions from Canada or the other country. Such payments increase the number of qualifying years and therefore the UK retirement pension. One year's worth of voluntary contributions at the Class 3 rate is returned in the form of an increase in pension in 3 to 4 years following age 65 for men, or an earlier age for women. If a person is employed in Canada the the much lower Class 2 rate may be paid (since 2000) in which case one year's worth of contributions are returned in just over a year's worth of increased pension. If a man has already paid contributions for 44 years (may be changed to 30 years in 2010) he should not continue paying voluntary contributions as his pension will have reached the maximum.
>
> My advice would be that the persons download leaflet NI38 (Social Security abroad - National Insurance contributions, Social Security benefits, Health care in certain overseas countries) from http://www.hmrc.gov.uk/leaflets/nic.htm and complete and send in form CF83 (Application to pay National Insurance contributions abroad) which is found in the leaflet.
>
> See also http://www.hmrc.gov.uk/cnr/osc.htm#3
>
> Regards
> FN
>
>
> Begin forwarded message:
>
> From: US / Canada Income Tax Help - CEN-TAPEDE <[email protected]>
> Date: 2007 March, 01 18:53:24 GMT-08:00
> To: CENTAPEDE <[email protected]>, [email protected]
> Subject: US USA / CANADA Income Tax Help - UK National Health and Canadian Pensions for new Canadian - David Ingram gives expert income tax & immigration help to non-resident Americans & Canadians from New York to California to Mexico family, estate, income trust trusts Cross border, dual citizen
> Reply-To: [email protected], [email protected]
>
>
> ------------------------------------------:
> Dear Sir,
>
> My wife and I each have 10 years worth of National
> Insurance paid with UK and we are planning to move to
> Toronto permanently. What do you recommend we do ie.
> continue to pay UK National Insurance or stop paying
> it?
>
> What is the pension system in Canada like? What should
> we know before we get there? We are both 40 years old
> and kind of late in our pension arrangements...
>
> We plan to buy a house in Toronto in the range of
> $250,000 with a down payment of %10 to %15. What kind
> of salary range would they require for that?
>
> I work for a US cruise company and my salary is
> tax-free. Will I have to pay tax once I move to
> toronto? I will not be spending more than 4 months a
> year for the first 2 years in Toronto.
>
> Thank you kindly for your answers
>
>
> ---------------------------------------------------------------------
> david ingram replies:
>
> Canada has two government pensions:
>
> The Canada Penison plan covers workers who put in approxiamately 5% of their income up to $40,000 if an employee and 10% of their net income if self employed. One can start withdrawing it at age 60 at the earliest of age 70 at the latest. To get a full penion, one has to contribute at the maximum for 40 years. Therefore, if you put in until age 70, the most you would receive is 75% of the maximum pension.
>
> We also have the Old Age Security pension which one receives for being alive and being a resident of Canada. It can start at age 65 and also requires 40 years ofr esidence in Canada. In your case, you would receive 25/40's of the pension . It also has a means test attached and some of it starts getting claweed back at about $60,000 of income and it disappears entirely at about $85,000 of income in 2006 dollars. Those figures will be wite different 25 years from now.
>
> You can no longer pay into the UK National Insurance as a resident of Canada.
>
> There are all sorts of possibilities depending upon the prevailing interest rate and whehther the purchase qualifies for CMHC financinag and gurantees to teh lender.. In general, you wopuld need about $55 to 60,000 of income to justify a new purchase as described.
>
> Once you become a resident of Canada with a home available to you, you can expect that Canada will tax your cruise ship income. Goto www.centa.com andread the US/Canda taxation section in the seconbd box down on the right hand side. There are lots of examples there showing how Canada taxes its residents and citizens. To escape this, you would have to have a full blown home in another country where you spent more than 183 days of the year.
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Canadian Income Tax - housing renovations, deductions, etc.

QUESTION:

Hi,
I bought a house in Quebec in 2002 and sold it in 2006. I paid $325k and sold for $460k having spent $150k on renovations. The notary deducted $50k in taxes from the balance. What was the tax and how do I get it back, or don't I? I had no income in Canada and was classed as a non-resident.
I would appreciate some info.
Many thanks


=============================================================

david ingram replies:

You must file a Canadian T1 and a Quebec TP1 return to report the $15,000 loss on the buy and sell. Federally you would do this on schedule 3.

For Quebec, you would fillout schedule G of your TP-1.

The CRA will likley want copies of the receipts for your $150,000 of renovations.

After filing, you should get the $50,000 returned to you.

Are you the UNIX specialist? We used Microsoft Xenix here from 83 to 86, then SCO XENIX untill 1989, Open Desktop until 2003 and then switched to LINUX which we use as a server now.

I assume you have returned to ENGLAND. If you need the returns done, we can handle them here for you.
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Income Tax Help in USA Feb 5, 2007 Maclean's Magazine Article Page 40

Subject: Feb 5, 2007 Maclean's Magazine Article Page 40

I was called a month ago by MacLean's (Canada's National News Magazine) which would be the equivalent of Newsweek or Time in the US. The following article was the result. You may geta kick out of it or heaven forbid, even get an idea for the future. Robert Wildman gets to go boating in Florida. I get to work 15 hours a day in my house.

The premise of the article was to interview older financial consultants about what they wished they had done instead. david

Retirement Special: What I wish I'd done
Buy real estate, be aggressive -- and always keep your first wife. Planners tell all


JASON KIRBY | Feb 9, 2007 | 6:09 pm EST


The typical way to become a financial adviser is to study hard, earn a designation and land an entry-level job at a firm. David Ingram took the rock 'n' roll route instead. Back in the mid-1960s, Ingram managed a Winnipeg coffee house where the likes of Neil Young and Burton Cummings, along with other rising performers, cut their chops. Bringing acts up from the States required reams of paperwork, and Ingram found he had a knack for cross-border tax issues. By the 1980s, he'd built a small empire of financial consulting offices across Canada, written two dozen self-help books, and acquired a fleet of yachts and cars. But as happens with so many soaring rock stars, Ingram's fortunes flamed out. Revenue Canada levelled a massive tax bill at him in 1985, and after a lengthy court battle, forced him into bankruptcy four years ago. If I had to do it again, the semi-retired Ingram is fond of telling people, I would have walked into a bankruptcy trustee's office 15 years ago and would have been able to get on with my life.


Regrets. Who hasn't had a few? Millions of Canadians rely on a host of financial experts -- tax consultants, insurance agents, investment advisers -- to help them chart a path to their golden years that will avoid those bitter moments. Yet in retirement, many advisers themselves find they wish they'd done some things differently. Hindsight, of course, is 20/20. But, for today's hapless worker staring at her paycheque and wondering how she'll transform it into the utopian post-work lifestyle flogged on TV commercials, there are lessons to be learned from the experiences of financial planners who have already been there.


Ingram may seem an extreme case, but not once you realize that debt levels for many Canadian households are near all-time highs. The average family owes more than it earns, a trend that's led to record levels of bankruptcies. Today, Ingram, 64, lives as he has almost continuously since 1969, in a quaint North Vancouver home that clings to the side of a mountain overlooking the city. He eases his heavy frame into a chair, pushes aside several unopened cans of Chef Boyardee, and shares his tale of boom, bust and recovery.

Ingram's troubles had a very ordinary start. His CEN-TA Group, which oversaw both his tax consultancy and real estate businesses, was audited in the early 1980s. Officials informed him he owed more than $1 million in back taxes, a figure that eventually swelled to nearly $5 million with interest. Ingram claims it was just a case of his accountant depositing a sizable cheque into the wrong account. Revenue Canada, and a federal tax court, disagreed, with one judge accusing Ingram of being a victim of his own sloppy bookkeeping. But rather than submit to the taxman, Ingram fought on. I was thumbing my nose at them, trying to make an example of opposing the tax office, he says. Looking back now, it's not a move he recommends to others facing a similar situation. I should have sat down, sooner than later, and gone bankrupt to salvage my family and children. It was too hard on my wife.

Which brings Ingram to his other area of expertise -- divorce, another rising trend to which he has contributed. By Ingram's count he has been married 5 1/2 times. One of them disputes whether we were together long enough to be common law, he explains. Early on -- sometime between marriages one and two -- Ingram developed a unique approach to retirement planning for young couples that starts with the assumption that marital bliss won't last. To illustrate his theory, he says, take 100 men and 100 women in their mid-20s. Ingram calculates that either through divorce or death, fewer than 10 per cent will be with the same partner past age 65. Yet most newlyweds plan their retirements assuming they'll be together. His advice, both jaded and pragmatic, is that married couples should own two properties to prepare for the eventual split. Before you buy any RRSPs, have that second property, he says. It allows you to have a formal, pleasant divorce.

While the notion may seem absurd, especially with most couples struggling to afford just one home, there's no denying that a divorce can pulverize even the best-laid retirement plans. I was divorced 25 years ago, says Robert Wildman, a 68-year-old retired insurance salesman from Toronto. One smarter thing I would say to people is keep your first wife. Wildman is being facetious, but his divorce came as a financial blow for a man who had been thoroughly prudent when it came to his finances. To a fault, he now admits.

Clearly, Wildman got over it; he's not exactly hurting in his retirement. He's built a new $1-million condo near Toronto's Old Mill and spends half his year on Florida's Gulf Coast. There's not a cloud in the sky, he says in a phone interview from his Florida complex. It's tough. But it's also true that Wildman's conservative nature led him to shortchange himself over the years. Wildman says that when he was a teenager, his father lost his job at the age of 53. Without a roof over the family's head, his old man was forced to work until well into his 80s. I watched that and said that would never happen to me, recalls Wildman.

So, at just 28, he bought his first house for $28,000, saved every penny he earned, and paid it off within three years. He sold that house, bought a second home, and repeated the feat again. He'd never be caught dead carrying a mortgage for very long. That was the stupidest thing I ever did, he says now, after owning a total of five homes. I should have stayed in the first house, bought another, then another, and let someone else pay off my debt. Wildman says he couldn't shake the spectre of his unemployed father. But looking back he also didn't realize how quickly the mortgage would fly by. I was young and didn't realize how short 20 years was, he says. As if he needed a reminder of what a different strategy might have accomplished, his new condo is just a short drive from his first home, which today is worth nearly $800,000. I'd have been miles ahead.

Wildman isn't alone. Other retired financial advisers feel they could have had more now if they'd have taken greater risks back then. Part of it is demographics. Many grew up at a time of high unemployment and economic uncertainty. Shaped by their parents' hardships, they were loath to gamble their savings on anything but the surest of investments. I was a depression baby, so I was very conservative, says Rayner McCullough, a 76-year-old retired financial planner from Barrie, Ont. Looking back, on the RSP side of it, I could have probably been more risk tolerant. McCullough says when he started out, the range of investment options were limited. But as mutual funds gained prominence, he stuck to a simple rule of thumb: in an investment portfolio, keep a percentage equivalent to your age in guarantees like government bonds, and put the rest into riskier securities like stocks. As you get older, he says, "you naturally have more guaranteed income. But he stops short of regretting his investment decisions. I don't know if I could have lived with any more risk, he admits. I might have had a bigger return, but I could also have ended up with a smaller return. I can't complain.

However risk averse McCullough was, it hasn't hampered his retirement. From the day in July 2000 that he woke up at the crack of dawn and decided this was his last day of work, he's gone to Bermuda 10 times. He's taken trips to the United Kingdom and France. If he does have one regret, though, it's that until very late in his career, he didn't find a successor to take over the business he had built up. It's a pressing issue for any business owner who wants to see his company thrive after he's gone. McCullough was hampered, in part, by existing insurance industry laws that restricted him from taking on a partner. But it still took him until he was 65 to find the ideal candidate. I wanted to stop at the top of my game, he says. I know a lot of guys who are still sitting in dark, dusty offices trying to keep going. Maybe they didn't do their planning.

Ingram, for one, is still at it. Each day he fields dozens of tax and immigration questions from Canadians and Americans through his website, and distributes a newsletter to subscribers with his advice. One in 10 queries leads to a client, he says. It's an ad hoc business. On every flat surface in his home office there are piles of papers, envelopes stuffed with cheques and clients' tax returns. His main form of advertising, aside from the Internet, is a collection of old cars and a Winnebago that bear his company's name, which he parks randomly throughout the city's north shore. Still, with the bankruptcy settled, he's been able to move on. I got my house back, my sailboat back, sole custody of my kids and I'm still doing some work, he says. It's been a wild ride.

To comment, email [email protected]
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Canadian Loan Tax

My_question_is: Applicable to both US and Canada
Subject: Canadian Loan Tax
Expert: [email protected]
Date: Saturday March 03, 2007
Time: 04:24 PM -0500

QUESTION:

I recently applied over the internet for a loan. I was contacted by a lender and was told that they found a private lender out of Canada that had approved me. I am an American citizen. In order for me to obtain this loan, the Canadian lending company requested that I obtain insurance from their insurance company to secure the loan. The amount that I was to send was 750.00 USD. Once I sent this, the loan was supossed to me released to me and directly deposited into my account within 24 hour. After the time limit passed and the money was still not in my account, I contacted the lending company, and was then for the first time informed that I needed to pay an additional fee of nearly 600.00USD for Canadian taxes on the loan, before the loan would be released. Is this a standard practice in Canada? Do you have to pay taxes on a loan that you haven't even received yet or am I just being taken?
Thank you.

___________________________________________________________________________________________________________
david ingram replies:

I am afraid you are being taken on both counts.

Read the following page from PHONEBUSTERS at http://www.phonebusters.com/english/recognizeit.html
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Given trees to pay off a personal loan to a friend

QUESTION: Hello: A friend owes me $10,000 for money I have loaned him over the last few years. He doesn't have the money but has some trees on his property that could be cut to pay off the money owing. If the cutter writes a cheque to me for the money owing, do I have to pay tax on this? This is basically money that I owed him that has been taxed previously. He is basically giving me the trees in exchange for the money he owes me. Thanks for your time, not sure where you find all the time to do this but it sure is appreciated.


---------------------------------------------------------------------------

david ingram replies:

I had already answered this week's free questions but yours tweaked my interest.

YOU do not owe tax on the money for the trees.

He, on the other hand DOES. He has a capital gain for trees sold if a one time deal and owes straight income tax on the value if he has done it as a business as in a wood lot.

Congratulations. I wish a coupl;e of people who owe me money had some trees to sell.
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return to Canada from Afghanistan for four months maternity leave

Dear David,
>
> I am a Canadian citizen by birth and returning to Canada next month from a mission assignment in Afghanistan. I haven’t had a fixed residence since August 2004 when I first went on mission assignment. I haven’t lived in Canada since September 1998 (when I moved to Austria) and I was determined to be non-resident at that time by Canadian Revenue. I have a bank account and credit cards with those banks in Austria and USA and some items in storage in Austria.
>
> My main purpose in returning to Canada is the birth of my first child due in late May 2007. My question is, if I intend to use Canada as my permanent residence from now on, as I may return on mission assignment to Afghanistan after maternity leave ends in August 2007, do I need to report to Canadian Customs or someone when I arrive in Canada in the next months??? Do I also need to start reporting income tax from the date of my return to Canadian taxation??? (As I will be earning maternity leave benefits from my employer while there on leave).
>
> If you can answer any of this, I would greatly appreciate it.
>
> Kind regards,
>
>
>
> ________________________________________________________________________________
david ingram replies:

If you are bringing back a lot of stuff with you or have a container load of furniture following you will have to report asa returning resident because you will want your possessions to copme back with you duty free.

If you are just bringing back yourself andyour unborn child and a couple of suitcases of clothes, no special declaration neds to be made.

If you are leaving again for Afghanistan in 4 months, you have not been here long enough to automatically be considered an absolute resident of Canada for tax puroposes.

If you are only here for 4 months without the intention of staying, then any monies you received while visiting would not be taxable unless earned in Canda and paid form a Canadian souorce. If the emnployer paying you the maternity leave is a Canadian employer, you are liable for tax onthat maternity leave for the four months you are here.

Also, be aware (this is not bad) that a Canadian missionary who is not in Canda becasue of religious missionary work in other countries is able to use that time away as a credit toward Canadian Old Age Security when you turn 65.
That's a heck of a note. Youi are looking forward to a first child and I am warning you about Old Age security.

Good Luck
david ingram