Resident or Non resident declaration@ POE for TN visa holder

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tom2510
Posts: 7
Joined: Thu Feb 03, 2011 8:04 pm
Location: Houston

Resident or Non resident declaration@ POE for TN visa holder

Post by tom2510 » Mon Feb 07, 2011 6:47 pm

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.

nelsona
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Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona » Tue Feb 08, 2011 6:40 am

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.
Nelsona Non grata. Non pro. Search previous posts. Happy Browsing :D

tom2510
Posts: 7
Joined: Thu Feb 03, 2011 8:04 pm
Location: Houston

Post by tom2510 » Thu Feb 10, 2011 1:27 pm

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?

nelsona
Posts: 16014
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona » Thu Feb 10, 2011 1:33 pm

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.
Nelsona Non grata. Non pro. Search previous posts. Happy Browsing :D

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