Can one retain dual nation filing as TN

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Kroeran
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Joined: Sun Sep 04, 2011 9:54 pm

Can one retain dual nation filing as TN

Post by Kroeran »

Let's say one wanted to work TN in US but avoid Canadian Deemed disposition trigger.

If one maintained house in both countries, drivers liscence and on and on, is this possible?

Or does the treaty force you to give up Canadian tax residency after the transition year if you are working and living in the US under TN, or living TD as spouse.

It's the TD actually that has the capital gains we don't want to trigger.
nelsona
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Post by nelsona »

canada can use the treaty to force (deem) you non-resident. That is the very reaon they enacted that section of the tax code. Some were pretending to live in canada to avoid deemed dispositions.
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
Kroeran
Posts: 14
Joined: Sun Sep 04, 2011 9:54 pm

Post by Kroeran »

Ok, so I am working TN and get deemed, but are there strategies for my spouse on TD earning no income in US to legally avoid being forced non-resident?

Residence, accounts, drivers liscence etc maintained in Canada.
nelsona
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Post by nelsona »

No. It doesn't matter if she is working or not. She ois LIVING in US legally, and not in canada: she becoes a US tax resident just like you, thus will be deemed departed.

Just face it. Unless you commute to US, you become US tax resident and thus depert Canada. Better to plan and act accordingly.
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
nelsona
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Post by nelsona »

You can always defer payment of deemed disposition tax until actual disposition, and if you return to canada with same investments you can unwind the deemed disposition.

There is absolutely no point spoofing Cdn residency. Move on.
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
Kroeran
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Joined: Sun Sep 04, 2011 9:54 pm

Post by Kroeran »

Indeed, only wishing to scrape the bottom of the barrel on legal options

What if she established her residency as a student rather than under TN?
nelsona
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Joined: Wed Oct 27, 2004 2:33 pm
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Post by nelsona »

Then her spousal ties in US would still outweigh. And she would file jointly with you in US.
Give up.
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
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