Tax issues: Canadian citizen, legal us permanent resident wo

58Biscayne · Post by **58Biscayne** » Mon Sep 12, 2011 2:13 pm

I am considering taking a temporary position in Canada. I am a Canadian citizen with a US permanent resident visa and I am currently living in the US. From what I have read so far it appears I would have to file in both countries. Is that right?
Or can the Canadian employer pay a temp agency in the US and then I just file in the US?

I thought this would be a simple deal but it is looking very complicated to me now.
I have also thought of moving back to Canada but maintaining a residence in the us possibly even living in the us on weekends. Is this possible and what are the tax implications of it?

Thanks for your replies.

58Biscayne · Post by **58Biscayne** » Mon Sep 12, 2011 2:56 pm

Okay, after doing some more reading on here it seems like I could setup a consulting business in the US and then they just pay and I file only in the US.

Question: Does it matter how much time I spend in Canada to do this work? At the moment it looks like it might be 50/50.

Thanks,

nelsona · Post by **nelsona** » Mon Sep 12, 2011 5:30 pm

Yes, it does matter. You must never spend more than 183 days in any 365-day period in canada, or your consultant income will become taxable in canada. You must also make sure that your residential and social ties in canada are always less than those in US.

58Biscayne · Post by **58Biscayne** » Mon Sep 12, 2011 6:04 pm

Thanks for the reply Nelsona.

So the number of days won't be a problem this year and the first part of next year. I should know by then if it will become permanent or not.
If that happens I suppose I will have other issues to deal with.

I know this isn't an immigration forum but just wondering if anyone knows if I end up having to surrender my green card what the rules are on returning to property I own are?

nelsona · Post by **nelsona** » Mon Sep 12, 2011 6:25 pm

Did you read my post carefully. From your repsonse it looks like you are moving to canada; this will make all your income taxable in canada, from the momnet you move, not six months later.

When I say that you keep less ties in canad, i'm talking living in a hotel.

58Biscayne · Post by **58Biscayne** » Mon Sep 12, 2011 6:36 pm

I am sorry if I am causing confusion. At this time it is a temporary position and I would be living in a hotel in Canada. I understand about the 183 day thing.

My greencard question was referring to some time in the future if the position became permanent and I moved back to Canada and was required to surrender my green card could i still visit / stay at my property in the US and how many days am I limited too?

Or do I not need to surrender my green card?

If this gets more complicated I will start a new thread.

nelsona · Post by **nelsona** » Tue Sep 13, 2011 6:36 am

You can only keep your Gc if you file an I-131 before leaving, and this might keep it alive for 2 years.

Once you do not have GC, you are normal tourist with propoerty in US: six month visits with full-fledged residnce in Canada maintained at all times.