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Canadians working in the U.S. and Obtaining a TN Visa
By Glenn Letham
What about Income Tax
As a Canadian citizen living and working in the U.S., you will likely be faced with the fact that you will need to
file income tax forms in both countries. This is an entirely separate matter from immigration dealings and
is very complex as well. Once again, the advice listed here is merely that...personal advice. If you want to be able to sleep at night
I suggest you hire an accountant, one that specializes in Canada/U.S tax laws. This might be tricky depending on where you live.
Here's what I know. Everything will come down to one big question; In the eyes of Canadian income tax laws are you a
resident or not? Fairly simple eh? In order to be deemed a non-resident Canadian (and thus, not have to pay tax on your foreign income)
you will need to sever all your economic and social ties to Canada. Generally this involves giving up your place of residence,
immediate family must accompany you, no credit cards, no memberships in health clubs etc... Say good bye to all of these things until you
return from the U.S. If you own property don't stress out, you needn't sell it. However, you will need to appoint an agent
and you will need to file what's know in Canada as an NR6 undertaking. This is done in order to keep tabs on rental income
and foreign held property.
You are required to file U.S. income tax returns for all income earned
in the United States. Do keep in mind that there are tax treaties betwen Canada and the US
that prevent double taxation, through income exemptions and tax
credits. So even if you 'owe' taxes to both countries, your actual
taxes payable may be nil to one or the other country, depending on
income level and other factors.
Generally the primary questions that determine if your worldwide
income is taxable by Canada are: what status do you have in the
foreign country (e.g. are you a US PR or are you on a temporary
visa?), and whether you can be somehow deemed a resident of Canada or
otherwise liable for Canadian taxes on that income.
Don't forget, taxes are due earlier in the U.S. Usually on April 15th. as opposed to April 30th. in Canada.
Other things To Consider
- Health care can be very costly and the quality of service pales in comparisson to health care in Canada
- Bringing an automobile accross the border with you can be a real hassle at times
- You will need to get a new driver's license (may be a pain depending on which State)
- If you own a home in Canada and want to be deemed a non-resident you'll need to secure a lon-term lease for
the property.
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