Canadian equivalent to US form 8840

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francis12
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Joined: Tue Feb 14, 2017 7:34 pm

Canadian equivalent to US form 8840

Post by francis12 »

I've looked at the CRA forms site as well as searching online and there seems to be lots of information about Canadians being able to file form 8840 for Canadians overstaying their time in the US but showing a closer connection to Canada. However I can't find a US equivalent where a US person overstays in Canada but has a closer connection to the US, which would be file with the CRA. Does anyone know what CRA form this would be? Thanks.
nelsona
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Re: Canadian equivalent to US form 8840

Post by nelsona »

You are wondering if, by exceeding the 183 days in calendar year, you have become a "deemed resident"

So, the first question is were you considered a non-resident, or at least an emigrant of Canada in the previous year(s)? This situation doesn't apply to those who have been resident the previous year.

If so, and you have subsequently been in Canada, then you can file an NR74, to have CRA determine that you are NOT a deemed resident. You would have no problem if you can show that you've lived in US, and continue to have more ties there than in Canada.
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
nelsona
Posts: 18314
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Re: Canadian equivalent to US form 8840

Post by nelsona »

Btw, for clarity, a Cdn staying in US for more than 183 days, cannot use 8840 to prove closer connection. They must file a 1040NR. and prove on that form that they are residents of another country bytreaty. 8840 can only be used by those who meet SPT without exceeding 183 days in that year, but meet it by the 3-year formula.
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
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