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by nelsona
Tue Oct 30, 2007 2:09 pm
Forum: Canada / United States Tax & Accounting
Topic: Canadian citizen with T1 visa moved to US but spouse stayed
Replies: 14
Views: 8833

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.
by nelsona
Tue Oct 30, 2007 1:11 pm
Forum: Canada / United States Tax & Accounting
Topic: Canadian citizen with T1 visa moved to US but spouse stayed
Replies: 14
Views: 8833

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 rigo...
by nelsona
Tue Oct 30, 2007 12:59 pm
Forum: Canada / United States Tax & Accounting
Topic: Canadian citizen with T1 visa moved to US but spouse stayed
Replies: 14
Views: 8833

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 recal...
by nelsona
Tue Oct 30, 2007 11:50 am
Forum: Canada / United States Tax & Accounting
Topic: Estate Planning: Using trust in Canada to avoid probate
Replies: 1
Views: 2528

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....
by nelsona
Tue Oct 30, 2007 11:43 am
Forum: Canada / United States Tax & Accounting
Topic: Canadian citizen with T1 visa moved to US but spouse stayed
Replies: 14
Views: 8833

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 in ...
by nelsona
Tue Oct 30, 2007 11:03 am
Forum: Canada / United States Tax & Accounting
Topic: Canadian citizen with T1 visa moved to US but spouse stayed
Replies: 14
Views: 8833

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 requ...
by nelsona
Tue Oct 30, 2007 8:57 am
Forum: Canada / United States Tax & Accounting
Topic: US Citizens Working in Canada on Student Visa (PR pending)
Replies: 16
Views: 10595

Right. So you are not on a tourist visa.

And you will soon not be an employeee, from what you posted earlier.
by nelsona
Fri Oct 26, 2007 5:24 pm
Forum: Business & Personal Immigration to the United States
Topic: Apply at border while extension application in process?
Replies: 4
Views: 6868

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 nee...
by nelsona
Fri Oct 26, 2007 3:12 pm
Forum: Business & Personal Immigration to the United States
Topic: Apply at border while extension application in process?
Replies: 4
Views: 6868

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 ...
by nelsona
Thu Oct 25, 2007 1:59 pm
Forum: Canada / United States Tax & Accounting
Topic: US Citizens Working in Canada on Student Visa (PR pending)
Replies: 16
Views: 10595

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

So would your spouse, btw.
by nelsona
Thu Oct 25, 2007 1:44 pm
Forum: Business & Personal Immigration to Canada
Topic: Telecommuting while in Canada
Replies: 1
Views: 9106

Telecommuting while in Canada

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

Can a student do like-wise, without getting work authorization?
by nelsona
Thu Oct 25, 2007 1:35 pm
Forum: Canada / United States Tax & Accounting
Topic: US Citizens Working in Canada on Student Visa (PR pending)
Replies: 16
Views: 10595

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 wou...
by nelsona
Mon Oct 22, 2007 8:44 pm
Forum: Canada / United States Tax & Accounting
Topic: US Citizens Working in Canada on Student Visa (PR pending)
Replies: 16
Views: 10595

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). m...
by nelsona
Mon Oct 22, 2007 12:26 pm
Forum: Business & Personal Immigration to the United States
Topic: H-1B: Switching Employers
Replies: 38
Views: 44950

C means current, ie. no cut-off date.

There should of course be only one box that interests you: the one for your EB category and country of birth.
by nelsona
Mon Oct 22, 2007 12:06 pm
Forum: Canada / United States Tax & Accounting
Topic: US Citizens Working in Canada on Student Visa (PR pending)
Replies: 16
Views: 10595

You might want to post your situation to the forum delaing with immigration to canada on this site.