US non-resident with TFSA

Plasmoid · Post by **Plasmoid** » Mon Jun 17, 2013 1:48 am

I'm a Canadian/Canadian tax resident working in the US on a TN.

Can I contribute to/maintain my TFSA or are those tax compliance nightmare?

nelsona · Post by **nelsona** » Mon Jun 17, 2013 9:34 am

If you are a US non-resident, and wil be filing a 1040NR, you are fine. But if you live in US while working in TN status, and spend more than 1/2 your time there , then you ARE a US resident, and must meet all filing requirements.

What is your residency situation.

Plasmoid · Post by **Plasmoid** » Mon Jun 17, 2013 10:38 am

I meet the US residency time test and the Canadian connections test. But according to the tax-treaty, I am a Canadian tax resident.

nelsona · Post by **nelsona** » Mon Jun 17, 2013 1:35 pm

Where are you living while in US. If you have a permenent home in US, and work there, it is difficult to be considered non-resident.

If you elect to file 1040NR, you're fine. otherwise, its full reporting, FBAR, 3520, pfic, etc.

Plasmoid · Post by **Plasmoid** » Mon Jun 17, 2013 9:51 pm

I'm renting an apartment in the US.

As to demonstrating my Canadian-ness:
I have a permanent residence available to me in Canada
I vote in Canada
I have a Canadian DL
I have significant Canadian financial instruments/accounts in Canada
I have my Canadian health insurance
My family lives in Canada (Parents, siblings, extended relatives, friends)
I am a member of Canadian social and professional organizations

emilycao · Post by **emilycao** » Mon Jun 17, 2013 10:50 pm

Hi, happy to be here and see your post, I am sorry I can't help you solve your problems and I still have my question, wish you can understand that and offer me some help. I would be so happy to get your answer. I am a wow lover and I am going to Canada soon, I usually buy wow items in www.upitems.com, I want to know Can I access to the web www.upitems.com as well when I am in Canada?

nelsona · Post by **nelsona** » Tue Jun 18, 2013 9:15 am

Voting means nothing. DL means nothing (and you need a US DL after thirty days working in US, so prov DL is meaningless). Your prov health card is lapsing as we speak, since you spent more than 1/2 of your time in US.

I have significant finances in Canada too, but have not lived there in 12 years. So what?

Your parents don't count for anything. nor do organizations.

If you submitted an NR73, Canada would no doubt determine you a "deemed non-resident", by treaty, so you might as well face it.

Serbinski Accounting Firms

US non-resident with TFSA

US non-resident with TFSA

Can I access to the web www.upitems.com in Canada?