Accidentally moved to the US during covid... non resident of Canada?

[blahpascal]

I am a Canadian citizen/resident. I moved to the US accidentally during covid. Basically I was in the US with my USC husband and covid broke out and I didn’t want to be separated. So I just stayed in the US. I worked for company in Canada till end of Nov remotely then I quit. Well the issue that has become is that I never intended on moving here, but moved here. It’s been one year now and I have filed for my adjustment of status. My issue is that I have a lot of secondary ties to Canada... checking account, savings, TFSA, RRSP, credit cards, license, OHIP (probably invalid now), vehicle registered there. For the year of 2020 I also had full time employment in Canada. I’m wondering when do I claim non residency in Canada? Would I file as a non resident for my 2020 taxes?

[nelsona]

By being with your spouse in US and also filing for GC, you are definitely a US resident, and a Cdn "deemed non-resident" which is the same as non-resident.

So, for 2020, CRA considers you an "emigrant", and must file a departure return. Your departure date is probably the day you left Canada for the last time.

The IRS considers you a resident, probably for all of 2021, and you need to file a full joint 1040 with your spouse, reporting all world income (which you would have chosen to do anyways -- but now you must). This will need to include all the special reporting needed for your foreign accounts.

[blahpascal]

Thank you! So my ties to Canada do not matter and the fact that I worked in Canada all year long? I’m still a non resident?

[blahpascal]

nelsona wrote:
> By being with your spouse in US and also filing for GC, you are definitely
> a US resident, and a Cdn "deemed non-resident" which is the same
> as non-resident.
>
> So, for 2020, CRA considers you an "emigrant", and must file a
> departure return. Your departure date is probably the day you left Canada
> for the last time.
>
> The IRS considers you a resident, probably for all of 2021, and you need to
> file a full joint 1040 with your spouse, reporting all world income (which
> you would have chosen to do anyways -- but now you must). This will need to
> include all the special reporting needed for your foreign accounts.

Yes we are filing for a 2020 joint return. That is not even debatable! I’m just so confused on whether or not I am a non resident of Canada or not.

[nelsona]

Working in canada, given all your other ties in US does Not make you a Cdn resident.