Am I a non resident or deemed non - resident?

KevKiki · Post by **KevKiki** » Thu Mar 02, 2006 1:08 pm

Hi Folks,

I left Canada to live with my USC wife on October 1, 2005. I have not secured a position yet in the USA so my income for 2005 is from my Canadian job and RRSP cash in. I canclled my drivers licence in BC and healthcare. I have no property in Canada.

The one thing is I worked for Canada Post, a Crown Corporation and took a year leave (in essence...haven't quit outright Canada Post...they have to hold my position)with the intention of quitting as I found a position in the US.
Does this effect my being a non resident as of Dec 31, 2005 for tax purposes or does the cancellation olf DL, Health, etc. suffice?

Thank you for your time.

Best,

Kev

KevKiki · Post by **KevKiki** » Thu Mar 02, 2006 1:10 pm

Forgot to mention I am a permanent resident in the US with a green card, SSN, etc.

nelsona · Post by **nelsona** » Thu Mar 02, 2006 5:03 pm

You are a non-resident, pure and simple, from Oct 01, 2005.

You will file an 'exit return' using the forms for your province, and the "Emigrants' Guide", using 10/01/2005 as your departure date.

KevKiki · Post by **KevKiki** » Fri Mar 10, 2006 2:52 pm

Sorry for my slow Thank You nelsona..I have been away...

So basically US RETURN...Going to file married joint, do I just exempt my Canadain income using form 2555 or 2555 EZ .......not sure of the difference, and claim RRSP's with form 8891" Missing anything????

Canada Return:..File a departure file..do not declare RRSP income as it was already taxed at 25%..(do I include the NR4 bank receipt to them BTW)?Declare my income while working in Canada..none in US yet).Enough?

I put married and "Non resident-us citizen" when they ask about my wife's SIN BTW...is that okay?

Thanks for your time.Appreciate it.

Best,

Kev

nelsona · Post by **nelsona** » Fri Mar 10, 2006 4:05 pm

You shouldn't include your NR slips.

KevKiki · Post by **KevKiki** » Fri Mar 10, 2006 5:32 pm

Thanks Nelsona? Does the rest of my plan seem correct for my two returns?

I saw a line on my Cdn return for a T4RSP which I assume I don't need to do..I never received one of these slips anyway..

Best,

Kev

nelsona · Post by **nelsona** » Sat Mar 11, 2006 1:12 pm

Please re-read the "Emigrants Guide". Its pretty clear on what income should be reported after your departure: no foreign income and no Cdn income for which NR tax is withheld at source.

KevKiki · Post by **KevKiki** » Sun Mar 19, 2006 3:35 pm

I read the guide..Thanks Nelsona...My wife and I filed joint in the US and declared my CDN income..

I'm assuming then that I will file my CDN return as 1. My CDN income for 2005. 2. Mark "Married - Non resident US spouse" on the return and NOT declare her income to Rev Can. for 2005.

Correct? Thanks for the assistance.