Canadian status when becoming a US-resident on J1

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mappiq
Posts: 17
Joined: Mon Jan 23, 2012 9:59 pm

Canadian status when becoming a US-resident on J1

Post by mappiq »

I am a Canadian living in the US with J1 status. I will soon have been in the US for 5 calendar years and therefore will henceforth be considered a US resident alien for tax purposes (starting 2015).
Main question: What then becomes of my Canadian residency status? Do I automatically become a Canadian non-resident? Can I remain a Canadian resident? My family and most of my money is in Canada.

Another question: can I still use my Canadian broker? If not, must I close my Canadian brokerage accounts, or can I leave them open? (I have already made sure to close my TFSA.)

Thanks!
nelsona
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Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona »

Yes, the moment you can begin counting days in US towards tax presence, you are non-resident of Canada. You file a departure return in Canada for that year, with the 5 year date as your departure date.
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
nelsona
Posts: 18352
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona »

You should move all your holding to US; your broker is not allowed to deal with you while living in US.
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
mappiq
Posts: 17
Joined: Mon Jan 23, 2012 9:59 pm

Post by mappiq »

Thanks for your answers!
Can I still choose to remain a Canadian resident as well? (I plan to possibly return to Canada just 1.5 years later anyway, and I pay very little tax since I don't earn much right now, so if possible, I'd like to keep my Canadian residency even if I become a US resident.)
mappiq
Posts: 17
Joined: Mon Jan 23, 2012 9:59 pm

Post by mappiq »

Can I leave my non-registered Canadian mutual funds open? What would happen if I didn't close my accounts?
nelsona
Posts: 18352
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona »

You have no residential ties in Canada. Technically you should have closed your accounts when you moved 5 years ago, but because you were precluded from becoming a US tax resident, you remained a Cdn tax resident.

Now. you cannot, by treaty nor regulation.

So, you need to file departure return, which will trigger departure tax on all your investments.

You cannot maintain a non-registered account in Canada, regardless of what it contains. And since you cannot transfer Cdn mutual funds to US, your only option is to sell.
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
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