Calling it Quits-Please advise

od2StompinTom
New Member



Joined: 09 Sep 2008
Posts: 2
Location: NC

Posted: Fri Sep 12, 2008 7:15 am

 

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Well after nine TN Visa's and mutiple problems with Immigration I don't see any light in the future in trying to apply for number ten. Who knows I could get it but like others have posted the stress and thought of rejection is too great at this time.I have exhausted my attempst with multiple Immigration lawyers who have the same answers.No H-1b's available and it's 50/50 whether you get one or not.My last TN was obtained through the mail but my certificate was sent back with the wrong DOB(paperwork was correct,Immigration just entered it wrong).My lawyer wanted another $400 to reapply and didn't recommend leaving for fear that Immigration at the border crossing would catch the typo and decline my entry.So as can be imagined my trips home over the last few years have been almost nil.
Anyways here is my questions list:
1) Importing vehicle and how bad is it.My vehicle meets the import list is worth less than $10000.I'm reading something regarding contacting US Border days before you cross so they can clear title?I know you have to contact them but.
Canadian side of things.any idea how much cost is involved to get a 2006 Ford Focus to pass inspection.going to need running lights and this new anti theft chip.Does the odometer need to be changed to Km from miles?
2)Banking and what is your advise.I was thinking of moving funds to an RBC bank since it is Canadian owned.Or do I close off all US accounts,credit cards and such.I did read on another post informing my US bank of the move and filling out a W-8BEN form. What happens to 401K?
3)Tax situation.I have filed in the US since day one.Only have had a Canadian driver license and Canadian bank account for the last two years due to US Immigration demanding that I have one.No money to speak of in the account.No revenue generated in Canada since 1999.Do I just notify IRS in the US of the move?
4) How long do I have to get out of the US after I resign or after my Visa expires(expires in Dec)? I have heard anywhere's from 10 days to one month.
5) Moving.any recommendations of a moving company?I know about the Form B-4 and listing out all my possessions but how does tha twork? Do I have to meet the moving truck at the border?
Off the top of my head these are some of my questions.Anyone that has recently moved back please offer any advise.I hate the thought of moving back because I have truly found NC to be a great place to live but I'm done with the overall cat and mouse game with Immigration.

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Steven
CanuckAbroad VIP



Joined: 28 Sep 2007
Posts: 1582
Location: Calgary

Posted: Sat Sep 13, 2008 4:19 pm

 

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You only need the lights changed (Canadian Tire does it), odometer is optional, have a look at www.riv.ca - you do need a clearance letter and have to make an appointment before you show up at the border. There is no duty on personal effects including vehicles, get a copy of CBSA Form B4 and B4A to declare them when you bring them back.

You can keep your bank accounts, etc., but you need to get a W-8BEN from the bank and fill it in. IRAs are treated as RRSPs under the new tax treaty, not sure if 401(k) is treated any differently, hard to say as the tax treaty has only just come into force and there are no instructions available yet. There is some form to fill out with the CRA to declare your IRA as an RRSP but I don't know the form number yet.

If you've been filing 1040s (as opposed to 1040NR) since you entered it is complicated to move your tax home back to Canada, the main bit of paperwork is the 1040-C which essentially pro-rates your personal exemption for the year, you will also have to file dual-status for 2008, i.e. a 1040 and a 1040NR, have a read of IRS publication 519 for details.

It is very important also to file IRS Form 8822 to inform them of your Canadian address, so they know how to calculate your social security (as it counts as CPP under the totalization agreement).

In addition you will need to file a T1 return for the portion of the year you are in Canada, and claim a foreign tax credit for the income tax paid in the US. Your personal exemption will be pro-rated depending on your arrival date in Canada.

There can be many other forms you need to fill out depending on your specific tax situation.

You can reduce the paperwork a fair bit if you can move your tax home on January 1st. This is not necessarily the date you left the US, it's the date you severed all residential ties to the US. If you're not working in Canada until next year then this removes the need to file a Canadian tax return, it also means you can file a regular 1040 return as you were a tax resident for the whole year.

It's not clear how long you can stay in the US after you no qualify for TN-1 status (i.e. finish work) but generally visa holders have ten days, but TN-1 is not a visa.

Various moving companies obviously, I used Allied.

What happens with the Form B4 and B4A is that you present it to CBSA when you enter and they sign off on it. It is important to get your packing list used by the movers as close to what it says on the B4 and B4As as possible. Once the stuff arrives, you go to your local CBSA office and present the approved forms so CBSA will release the goods, usually the mover will give you a call to tell you when to go to the office and present the paperwork. They will go through your B4s and make sure everything matches, it doesn't have to all be in one shipment, you can keep going back to have more stuff cleared if you want.
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Steve.

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g-op
CanuckAbroad Regular



Joined: 25 Sep 2008
Posts: 32
Location: montreal

Posted: Thu Sep 25, 2008 4:18 pm

 

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Unless you have a pending extension of stay, you must leave the Us by the date listed on your I-94, or if still valid and you quit the job you must leave as you are no longer in TN status. Staying extended period of time past thye end of your status will definately cause you problems in the future with US Immigration.

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