Us citizen canada permanent resident

This is our main tax information forum which deals with topics concerning Canadians living and working in the U.S., U.S. citizens contemplating working in Canada, and all aspects of Canadian and U.S. income tax and related adminstrative issues.

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Jmoosa
Posts: 1
Joined: Fri Feb 07, 2014 5:58 pm

Us citizen canada permanent resident

Post by Jmoosa »

Hi I own a business in US (US citizen) and have a home in US. I live in the US Monday through Wed. Thursday through Sunday I live in Canada. I'm permanent resident in Canada and married to Canadian. I earn no income in Canada. Last year I did not file Canadian tax return because the accountant I worked with said I "tie break" to the US. Is this correct? I am wondering about this because of new citizenship rules that I have to prove I filed Canada taxes each year. Please advise. Thank you
nelsona
Posts: 18688
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona »

Your acct was a little agressive in applying the tie-break rules, since your family is in Canada, which counts more for your business.

You should aks him how he arrived that your "centre of viatl interests" in in US rather than Canada, and spent more than 50% of your time in Canada.

That said, if you are not required to file a tax return, then CIC cannot force you to do one just for citizenship purposes.

As long as your spouse (who is filing a Cdn return) lists your net WORLD income on page 1 of her return, then you should have no problem. If she has not been doing so, then she should amend her return.

You shouls also not have a Cdn DL or license plate either, nor OHIP card, as this is further fproof that you live in Canada. Your CPA is not doing you any favours.
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
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