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@Ontario

To be non-US-resident, there is no requirement of days to reside in US. However, to be US-resident, there is such requirement. It means you will surly be non-US-resident for this year. It is not an option.

registereduser(立牌坊)
本文发表在 rolia.net 枫下论坛You do not have other options in US part since you have US based income (in 2006, am I right?). If you stay in US for most of next year, you will most likely be US-resident in 2007.

Resident and non-resident is a complex issue and in general it is hard to make facial judgement without knowing details. Since US taxation rate is little bit lower than that in Canada, and since your major income is derived from US based source, it is wise you having US resident status while having Canadian non-resident status. However, the benefit of the lower tax rate of US will be eroded by paying Canadian tax after you lodge your Canadian non-resident tax return. If one really do not have any ties with Canada, one might be able to claim being the position that not subject to Canadian taxation liability. This of my cliam is very arguable because I did not study further in this topic. As I know, among the major Western countries, only US ties the taxation resident status to the immigration status. Namely, US citizens have no option to claim not subject to US taxation liability. As I know, Canada does not have correspondent legislaltion. Wish this information could help you being in an informed position before you becoming US citizen.更多精彩文章及讨论，请光临枫下论坛 rolia.net
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Last Updated: 2006-11-20
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Replies, comments and Discussions:

  • 枫下茶话 / 美国话题 / Canadian Citizen working in US with TN since May, Claiming non- Residence for Canada since Oct as family still in Canada in May and just moved to US in Oct. How to report taxes to Canada and US this year? Much appreciated. -grace123(grace123); 2006-11-17 (#3325844@0)
    • I want to know too. Correct me if i am wrong: you and your spouse are both deemed resident in 2006 tax year. Your family have to do tax return to canada by using Non-resident and deemed resident form. -searchant(antant); 2006-11-17 (#3326040@0)
      • Just one point: according double taxation treaty, one could not be both residents in these two country. -registereduser(立牌坊); 2006-11-18 (#3327324@0)
        • You are right! Actually he/she must file dual status in US this year even he is resident in US -searchant(antant); 2006-11-18 (#3327567@0)
    • You need to cut your bond with Canada before doing that, cancel all credit cards, debit cards, no car, no properties and no direct family members in Canada, then you can claim that status. -kanacuul(DragonWell); 2006-11-18 (#3326997@0)
      • Wrong. -registereduser(立牌坊); 2006-11-18 (#3327325@0)
        • why? I dont think so. please read the linky I provide. I am quite sure I am right -kanacuul(DragonWell); 2006-11-19 (#3328442@0)
          • You are wrong. credit cards, debit cards are not significant ties to canada. Those are second tie, so you can keep it -searchant(antant); 2006-11-19 (#3328639@0)
            • That is right. The facts stated by "kanacuul" are criteria for the test, itself is or might be correct. However, -registereduser(立牌坊); 2006-11-19 {316} (#3328821@0)
              the criteria to determine the resident status include the legislations, case laws as well as international treaties. Without context and by the way of the posting, I would contend "kanacuul" is methodologically and logically wrong. He/she made it an only "necessary and sufficient condition", which is incorrect.
        • I still keep my credit card and bank a/c in Canada, and I already got CCRA's approval to be canadian non-res since Oct, 2006 -grace123(grace123); 2006-11-20 (#3329568@0)
    • if you still have any relation with canada as mentioned above, you can not stop your tax reporting even from Oct. if you did that, then go ahead to do it, only claiming 10 mo tax to Canada. -kanacuul(DragonWell); 2006-11-18 (#3327005@0)
    • you can always consult Revenue Canada for your tax issue, dial 1-800-O-Canada, ask for USA access number, then talk to them, They can answer any Qs from you 'cause they collect money from your tax -kanacuul(DragonWell); 2006-11-18 (#3327031@0)
    • What visa you have in US? US taxation resident is closely related to your immigration stauts in US. Basically, it is unlike you will be the US resident this year because you do not reside there over enough days. -registereduser(立牌坊); 2006-11-18 (#3327329@0)
      • The result is you might be Canadian resident up to Oct and non-Canadian resident after Oct (Para rata). You will be non-US resident for the year. -registereduser(立牌坊); 2006-11-18 (#3327330@0)
        • I think I can have an option to be non-US resident even I don't have enough days in US this year, but I will have enough days in US next year. Am I right? -grace123(grace123); 2006-11-20 (#3329567@0)
          • To be non-US-resident, there is no requirement of days to reside in US. However, to be US-resident, there is such requirement. It means you will surly be non-US-resident for this year. It is not an option. -registereduser(立牌坊); 2006-11-20 {1237} (#3329592@0)
            本文发表在 rolia.net 枫下论坛You do not have other options in US part since you have US based income (in 2006, am I right?). If you stay in US for most of next year, you will most likely be US-resident in 2007.

            Resident and non-resident is a complex issue and in general it is hard to make facial judgement without knowing details. Since US taxation rate is little bit lower than that in Canada, and since your major income is derived from US based source, it is wise you having US resident status while having Canadian non-resident status. However, the benefit of the lower tax rate of US will be eroded by paying Canadian tax after you lodge your Canadian non-resident tax return. If one really do not have any ties with Canada, one might be able to claim being the position that not subject to Canadian taxation liability. This of my cliam is very arguable because I did not study further in this topic. As I know, among the major Western countries, only US ties the taxation resident status to the immigration status. Namely, US citizens have no option to claim not subject to US taxation liability. As I know, Canada does not have correspondent legislaltion. Wish this information could help you being in an informed position before you becoming US citizen.更多精彩文章及讨论，请光临枫下论坛 rolia.net
            • Thanks for your detail info. I still think I have option to claim US resident since Oct 2006?? -grace123(grace123); 2006-11-25 (#3341074@0)
              • As I understand, US taxation resident status does strictly depends on your days reside in US. -registereduser(立牌坊); 2006-11-25 {202} (#3341105@0)
                Since you are unable to reside enough days in US, I could not see how you become US resident for year 2006. May be some special case law exist? If you do find out, please let us know. Thanks in advance.
            • Did I say "However, the benefit of the lower tax rate of US will be eroded by paying Canadian tax after you lodge your Canadian non-resident tax return"? -registereduser(立牌坊); 2006-11-25 {156} (#3341106@0)
              That was totally wrong! You do not need to include your US sourced income in your Canadian tax return because you are non-Canadian-resident. Sorry about it.

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