TN Visa - Primary Home Tax Implications !!

This is our main tax information forum which deals with topics concerning Canadians living and working in the U.S., U.S. citizens contemplating working in Canada, and all aspects of Canadian and U.S. income tax and related adminstrative issues.

Moderator: Mark T Serbinski CA CPA

Post Reply
nishu900
Posts: 7
Joined: Sun Feb 20, 2022 9:06 pm

TN Visa - Primary Home Tax Implications !!

Post by nishu900 »

I am moving to USA in April 2021 on TN Visa but my family will be staying in Canada only. I have a primary home on my name only and will sell in another 3-4 months. Do I need to pay any capital gain tax in canada? Assuming I will make significant ties with Canada as my family, driving license, primary home, OHIP, driving license etc. except for the 183 days of residency in Canada.

I have some joint accounts with my spouse and as per current scenario all capital gains/losses are claimed by my spouse on her tax return due to her lower income. Once I moved to USA, can I still claim those capital gains/losses on my spouse canada return or do I need to show any portion of it in my tax return in USA ?
nelsona
Posts: 18366
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Re: TN Visa - Primary Home Tax Implications !!

Post by nelsona »

There is no cap gains on primary home when you sell.

Cao gains on joint accounts are taxed in the hands of the one funding the account, not necessarily the spouse with lower income.
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
nishu900
Posts: 7
Joined: Sun Feb 20, 2022 9:06 pm

Re: TN Visa - Primary Home Tax Implications !!

Post by nishu900 »

There is no cap gains on primary home when you sell.

I believe this is when you ara a resident of Canada. Once I move to US, I will become non - resident of Canada so the above scenario still applies ?

Cap gains on joint accounts are taxed in the hands of the one funding the account, not necessarily the spouse with lower income.

Will the IRS consider the above as same as CRA ? As I will still be the joint account holder but a non resident of Canada, however the funding is done by my spouse. Is there any tax implications of my name in the joint account in eyes of IRS ?
nelsona
Posts: 18366
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Re: TN Visa - Primary Home Tax Implications !!

Post by nelsona »

You have a year after you move to sell CRA tax free (if you do not rent out).
You have three years to sell after you move for it to be tax free in US (if you do not rent it out).
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
Post Reply