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 »

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

Post by nelsona »

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. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
tom2510
Posts: 7
Joined: Thu Feb 03, 2011 8:04 pm
Location: Houston

Post by tom2510 »

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: 18314
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona »

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. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
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