Serbinski Accounting Firms

You can only use 8891 fore 2004 and later. For years before that you can only file an Rev Proc 02-23 statement.

The earliest you can make the election is 2002.

Your 8891 for 2004 should yes, 2002

I stated the steps necessary for you to be departed June 26th already.

Your wife's return was filed incorrectly.

If she told them she had a departure date, but then did not indicate it on the return, then she did not file correctly.

When you are non-resident, you do not include any foreign income from after the departure date.

As I've said. IF you took the steps I indicated, you will eventually be determined by CRA to be a "Deemed Non-Resident" from June 26th onwards.

My warning is simply that it may take some time for CRA to accept this, now that you are having to re-open your wife's file. CRA is much more rigorous in ...

Filing both exit dates in June was the completely WRONG thing to do, as you have now found out.

I would only ammend hers. she should submit a T1-ADJ explaining the date change. Then she should adjust any income that she did not report as a result of premaurely declaring her departure. CRA will ...

Personl opinion: your mothers lawyer is wanting to pocket the fees himself, in the form of trust set-up fees and lawyers fees.

My advice, thank him for the suggestion, and tell him that you will get another lawyer to do it, to see his reaction. I would do this with a Financial Planner, not a lawyer ...

So, why are you asking about whether you will owe taxes. You have more pressing issues to deal with.

You will have to resolve this with CRA.

But, please do not use the excuse that since they gave you the money, that it is difficult to pay them back.


CRA makes mistakes, they have already made one ...

Typically, when a couple/family is leaving canada, there is the presumption that the copule leqave when the last one leaves. This presumption can only be overcome by 2 factors: 1. that the spouse leaving first clearly establishes his primary residence in the new treaty country, and 2. takes all ...

Right. So you are not on a tourist visa.

And you will soon not be an employeee, from what you posted earlier.

As I already said, unless you are denied entry for non-TN related problems, your current TN remains valid, and your mail-in process continues intact.

She can't get the TD in absentia, so this may cause a problem if you get TN yourself and then cancel the mail-in, which you should. You would then ...

First off, there is no need to go to the border simply to get TN now that you have submitted i129: you are in good standing for 240 days past expiry while waiting for approval.

If however, you need to leave US anytime for any reason between now and I-129 approval, you will have to get a fresh TN at ...

Yup. never siad you couldn't work: just that you may need the correct visa.

So would your spouse, btw.

Can a person visiting canada on tourist visa telecommute full-time for US company?

Can a student do like-wise, without getting work authorization?

As isaid, tehre is a Cdm immig forum just below this one. feel free to post there.

My main point was to warn you that getting immigration advice from CRA is unwise (I'd almost say getting tax advice from them would be unwise too).

For example, you said you will be becoming a contractor. Thus you ...

Just want you to be sure.

If this situation was reversed, you would NEVER be able to do what you werre doing.

US would never let you enter on tourist visa without a viable foreign residence. Neither would they let you do any work on US soil on a student visa (except for pre-approved student work ...