TN status, taxes and ObamaCare

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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snnybrr
Posts: 20
Joined: Sun Nov 06, 2016 8:41 am

Post by snnybrr »

I filed my 2016 return and indicated my December date of departure on the form. I mailed in the paper copy yesterday.

Another question I have is: Do any of the following negatively impact my departure filing?

- My Canadian chequing account
- My Canadian car loan
- My Canadian home in which I no longer live, and isn't rented out
- My RRSP


Sunny
snnybrr
Posts: 20
Joined: Sun Nov 06, 2016 8:41 am

Post by snnybrr »

In addition, I also still have my Ontario driver's licence and health card. I didn't do anything to cancel or keep them active.
nelsona
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Location: Nowhere, man

Post by nelsona »

The treaty makes you US resident and therefore deemed non-resident even if you had MAJOR ties, and none of the ones you listed are major. You are a pure non-resident at this point.

You do ned to get a state DL, and many (but not all) require you to surrender the Cdn one. Doesn't really matter, it is invalid at this point. Same for OHIP, unless you advised them BEFORE you left that you were leaving Ontario temporarily. Otherwise it to is invalid at this point.

But these don't keep/make a person living and working in US a Cdn resident.

Remember that you should now be having 25% of the rent sent to CRA every month, until you file a NR6
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
nelsona
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Post by nelsona »

Some of the issues I mention seemed to have been previously addressed by your actions. Ignore if taken care of.
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
snnybrr
Posts: 20
Joined: Sun Nov 06, 2016 8:41 am

Post by snnybrr »

I don't remember the form asking which country I've moved to, only the date of departure. How would they know I've moved to the US?

Regarding rental tax, what happens itf I don't rent out the place?
nelsona
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Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona »

They will know if they ask you. The point is that you have left, and are non-resident./ You self-declare this, and they can ask about it later if they wish, which is rare.

We are talking INCOME tax here, right? No income, no tax.
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
snnybrr
Posts: 20
Joined: Sun Nov 06, 2016 8:41 am

Post by snnybrr »

Thanks! It's just my parents living there and there is no rental income.
nelsona
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Joined: Wed Oct 27, 2004 2:33 pm
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Post by nelsona »

In that case realize that this is considered a residential tie, so you want to make sure that you are taking all ther equired steps to US residency, like filing a full 1040 for 2017, getting you US DL, advising ALL your Cdn accounts that you live in US.

This will avoid any nasty surprises later. But, as I say, you live and work in US which trumps all this. Just makes the case easier if they question.
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
snnybrr
Posts: 20
Joined: Sun Nov 06, 2016 8:41 am

Post by snnybrr »

Very insightful! What about deemed disposition of property, though? Or is that not applicable under the treaty?
nelsona
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Joined: Wed Oct 27, 2004 2:33 pm
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Post by nelsona »

The properties which are not subject to deemed disposition are described on the form
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
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