Residency Question

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David630
Posts: 3
Joined: Sat Feb 10, 2018 1:38 pm

Residency Question

Post by David630 »

My situation, company transferred me from Ottawa to Jacksonville 9 years ago. We left Canada, rented out house etc for 6 years.

Wife returned to Canada 3 years ago (was supposed to temporary to take care of family) moved back into our house, took a job, filed as a cdn resident. We visited each other on weekends for a couple years.

Had 1st child 2 years ago in Canada, started working on US immigration got sons green card. Continued to split time between two countries.

Wife having second thoughts about moving back to US. Wife is green card holder (will let expire) and I am a US citizen, both cdn.

I will keep my job and place in the USA, but at some point does my residency status change.
nelsona
Posts: 18314
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona »

Question?
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
David630
Posts: 3
Joined: Sat Feb 10, 2018 1:38 pm

Post by David630 »

Yes Sir,

I have considered myself a non-resident since I left. But now am splitting my time 50/50 between USA and Canada, also spend 5% of time outside of North America

will be spending more time in Canada with family.

When do I become I resident of Canada for tax purposes?
nelsona
Posts: 18314
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona »

As soon as you visit your cdn resident spouse more than she visits you, you become (became) a Cdn tax resident. These visits makes the residence in Canada your centre of vital interests. The fact that youy say you split your time 50/50 tells me (and CRA) that you work in US and live in Canada. So it probably occurred when your spouse stopped visiting you regularly.

Those who have family in Canada but wish to keep Cdn non-residency are always advised to have family visit them.


On a separate note, may I ask how you got US citizenship but your spouse -- and especially your son -- do not? If he was born when you were US citizen, I'm pretty sure he is citizen, and if he was born before you got citizenship he definitely is a US citizen automatically.

Also, "letting GC expire" doesn't end US tax requirements. Must also formally tell IRS (there is a form), and take cre of any exit filing requirements.
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
David630
Posts: 3
Joined: Sat Feb 10, 2018 1:38 pm

Post by David630 »

Does this change how i file in the USA or handle bank interest, dividends, capital gains, brokerage accounts, etc

Regarding my son's GC, I applied, before I became a citizen. Once I became I citizen I updated the application and during the interview they told me he would become a citizen, but the GC showed up in the mail.
nelsona
Posts: 18314
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona »

So he is a citizen. Make sure you get this cleared up.

It will change how youa re taxed, since yo uwill now have to file a Cdn tax return and report world income, same as for US.
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
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