US Green Card Holder, but need to go to Canada to start comp

This forum deals with all aspects of immigration to Canada, landed immigrant status, work permits, etc.

Moderator: Ron Liberman

Post Reply
lotusland
Posts: 3
Joined: Tue Jun 13, 2006 11:53 am

US Green Card Holder, but need to go to Canada to start comp

Post by lotusland »

I have been a Green Card holder in the US since Jan 2007, I have been in the US since Sept 2005. I was deemed a non-resident by Revenue Canada, and have filed my US and Canadian taxes successfully.

I now have another change in my life. I wish to remain in the US, however I have been asked to return to Canada to start a small technology company (an idea that came up before I left Canada). I expect this process to take one to two years, then I would make the decision to come back even if there is no opportunity to start a satellite office in the US.

I am looking for some general guidance so that I may start my own research and filling out necessary forms. My questions are as follows:

- How do I manage keeping my Green Card while moving back to Canada? Is the I-131 applicable to this? Is it renewable after one year?

- I would really like to keep an address here, and just work in Canada. Can I do this? Or is it better to move completely, then move back? I cannot afford two places to live, so I would have to store most of my stuff and use my friend's (or even gf's) address.

- Is there a problem if I move back with my belongings and then come back through the US (driving) with the belongings? Will this affect my Green Card status?

- How does the tax situation work because I will have some investments in the US, plus a small amount of stock options in my current company (which really do not amount to that much). And I will be employed by a Canadian company, although with little or no salary for the next one to two years.

- Since I will be a founder in this new company, is there any special legal arrangement with them I might be able to pursue related to employees in other countries? Or working as an independent in the US with a contract in Canada?

I do not expect this to be easy, but I am sure I cannot be the first and only person to be in this situation.

Thanks.
nelsona
Posts: 18314
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona »

Your move back to Canada will make you tax resident there. It will also be difficult to maintain GC, but not impossible. This will mean being fully taxable in both countries with various foreign tax credits.

As to all other quaestions, you would be ebst served y going to a US immig lawyer and a Cdn corporate lawyer.
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
Post Reply