Canadian on TN visa working in the US- tax issues
Moderator: Mark T Serbinski CA CPA
Canadian on TN visa working in the US- tax issues
Hello, I have some questions regarding filing taxes. I am a Canadian working in the United States on a TN since 2007. Before that I was attending school in the US. I have filed taxes in Canada every year and have really had no income to claim in Canada. But I wanted to file taxes in Canada even if claiming no income because of the TN being a "temporary" visa and show ties to Canada. I started working in Feb of 2007 and have been filing taxes in the US ever since. My problem lies in the Canadian taxes. Am I supposed to claim global income on my Canadian taxes? I have claimed nothing. I have seen where ppl are advised to tell CRS that they left Canada but isn't this going against what the TN is? TN are classified as temporary and that the person utilizing one has intentions to go back to Canada. Are these two seperate things? My current TN expires in 2012 but my passport expires in March. I noticed on the renewal form for the passport that they ask where you have been working. I have seen posts on other forums where Canadians who have not filed taxes and/or not claimed US income get into trouble when trying to renew passport. I simply want to do the right thing so I am able to continue working in the US untill I am ready to go home to Canada. If I do have to redo my Canadian taxes, am I able to make an ammendment to previous returns and who would be able to do this for me. Would I be able to use a well known tax filing establishment or do I have to go further? I really would appreciate any advice here.
As soon as you became TN, you became non-resident of canada. There is no requirement under TN to have any of the ties that would make you resident of canada.
So, your 2007 return should have been a departure return. Thereafter you would not file at all in canada unless you had certain Cdn-sourced income.
When you filed your retrurns for subsequent years, what did you put as your residence? You don't live in Canada. By filing a resident return, you are promising to report all income -- which you did not. that is why you needed to become non-resident.
So, your 2007 return should have been a departure return. Thereafter you would not file at all in canada unless you had certain Cdn-sourced income.
When you filed your retrurns for subsequent years, what did you put as your residence? You don't live in Canada. By filing a resident return, you are promising to report all income -- which you did not. that is why you needed to become non-resident.
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
So would my remedy be to have someone refile my 2007 canada tax return or amend it and have it my departure filing? I used my mothers home address as my residence as I thought I had to have an address to show I had intentions of returning to Canada. I am now beginning to understand where I went wrong. What does it all entail in making it a "departure filing"..is it as simple as stating on the rerturn that I am departing ? Who can do this for me? Thank you for any advice you can give.