To qualify for a TN visa to work in the US for 2-3 years, it must be temporary with the intent to return to Canada. Therefore, to the US-INS I am a visitor and must remain a visitor. Once TN is obtained, the substantial presence test would then make me a Resident Alien in the eyes of the IRS and non-resident in the eyes of CRA. What do I tell the border guard when I come back to Canada for short durations?
Entering into Canada - do I fill out the declaration form as a Canadian Resident since I cannot be a US resident for Immigration purposes and I have a Canadian passport? But would this contradict the Cdn Non-resident status for CRA?
Travelling back into US, I think I must fill the declaration as a visitor under the TN visa terms or I would not be admitted at all.
This would also dictate my personal exemption declarations for each country. I am confused. Please help. Thanks in advance.
Resident or Non resident declaration@ POE for TN visa holder
Moderator: Ron Liberman
Your premise is incorrect. There is no requirement to maintain foreign ties when you are on TN, H1, etc.
Therefore breaking ties sufficiently for tax non-residency is completely in harmony with TN status.
Therefore breaking ties sufficiently for tax non-residency is completely in harmony with TN status.
After 20 years, I am severely cutting back on responses. Do not ask specifically for my help. There are a few others on this board that can answer most questions. All the best
Thank you.
Entering Canada -That means when I enter Canada for a weekend, I would declare my US home address and fill in Part B for visitor exemption amounts.
Returning to US - I called US immigration and they said that I am still considered a visitor to the US (TN is a visitor visa). What do I put down for line #7 - "Country of Residence"? If it is not the US then do I put down Canada?
Am I a visitor to both countries? Or am I be a Cdn non-resident for tax purposes but a Cdn resident for immigration purposes?
Entering Canada -That means when I enter Canada for a weekend, I would declare my US home address and fill in Part B for visitor exemption amounts.
Returning to US - I called US immigration and they said that I am still considered a visitor to the US (TN is a visitor visa). What do I put down for line #7 - "Country of Residence"? If it is not the US then do I put down Canada?
Am I a visitor to both countries? Or am I be a Cdn non-resident for tax purposes but a Cdn resident for immigration purposes?
You are a US resident for tax and duty purposes.
TN is not a "visitor" status, it is a "non-immigrant" status that does not require the maintaining of foreign ties for the period of its validity.
TN is not a "visitor" status, it is a "non-immigrant" status that does not require the maintaining of foreign ties for the period of its validity.
After 20 years, I am severely cutting back on responses. Do not ask specifically for my help. There are a few others on this board that can answer most questions. All the best