Another Canadian moving to USA

13roots · Post by **13roots** » Tue Jun 28, 2011 11:27 am

Hello,

I have read as many forum postings as possible that are similar to my situation, but am still not clear about what my residency status in the US and Canada would be. I believe I meet the SPT since I am [b]single [/b]and have my primary residence in Canada as well as most of my possessions, but I am not sure if I would be considered to have emigrated from Canada because I am working in the US under TN-1.

Here is a summary of my situation -

- Canadian citizen
- Moving to join boyfriend ([b]not common-law or spouse[/b]) in US, no joined assets
- He's there for a 3 year medical residency, I will be working under TN visa for same 3 year period (August, 2011 to July, 2014)
- Returning in July 2014 after 3 years to Canada
- Own a condo in my name only, will be renting it out for 3 years
- Have RRSPs and TFSAs valued at about $11,000 in Canada
- Full-time graduate student, will continue working on thesis remotely
- All family in Canada, no extended family in USA
- Some possessions staying in Canada, some coming to USA
- Renting apartment in USA
- HBP repayment of $14,000 left to repay
- Will keep bank accounts, life/disability insurance and credit cards active in Canada
- Will have bank accounts and credit cards in USA for daily purchases

My question are -

(1) Is this enough for SPT? I have already filled out NR73. Is there any harm in sending it to CRA?
(2) Is there a benefit to filing as a non-resident in Canada at any time during the 3 years (e.g. for years 2 and 3)?

Thank you in advance for you helpful advice!

nelsona · Post by **nelsona** » Tue Jun 28, 2011 11:49 am

1. Your opening statement doesn't make sense. SPT is an IRS term referring to days present in US, thuse being single and having a residence in canada has nothing to do with this.

The day you leave canada you will have neither a house nor a spouse in canada and you will be living and working in US, thus you will become US tax resident on that day, and a Cdn non-resident. No need to file NR73 -- I would not send it. You are an emigrant and should just file as such next spring.

*Collapse the TFSA before leaving -- it is taxable in US -- you can replenish it when you get back.
*Move your RRSPs to TD waterhouse self-directed, otherwise you will not be able to manage them and/or will be told to move them.
*Your condo rent income has to be handled by an agen=t to remit tax directrly to CRA every month.
*You need to repay HBP within 60 days or add it to your tax return.

2. You don't have a choice. You are non-resident as of August. This will mean not having to pay Cdn tax on your US income.

13roots · Post by **13roots** » Tue Jun 28, 2011 11:58 am

Thank you very much nelsona, for your fast response. I thought SPT was a CRA term, thank you for the correction.

You said [quote]The day you leave canada you will have neither a house nor a spouse in canada[/quote], but I will have a condo in Canada. Does that not count since it is not a proper house?

nelsona · Post by **nelsona** » Tue Jun 28, 2011 1:45 pm

You said you will be renting out the house, so it it no longer possiblre for it to be your home.
Also, you said you will be renting a place in US, thus your US home more than cancels out your Cdn property .

13roots · Post by **13roots** » Tue Jun 28, 2011 2:06 pm

Okay, I understand your point. This was a HUGE help and I can now focus on forum questions about emigrating. Thank you very much!