Canadian Aboriginal with green card working in US live in CA

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tripleplay21New Member
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Joined: 17 Apr 2008

Canadian Aboriginal with green card working in US live in CA

Post Thu Apr 17, 2008 12:55 pm

I am a canadian aboriginal with a Green card acquired with Jay treaty status. I live in Canada and travel to us about 40 times a year to do business on US soil. I receive a 1099 form from my US contractors and file US taxes. I need to find information regarding filing my Canadain Taxes and cannot find any documentation relating to this. Please help. Note: none of the US income was for work performed on Canadian soil.
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Reba

Post Fri Apr 18, 2008 4:03 am

If your primary residence is in Canada, then you need to declare that US income on your Canadian tax return. If you pay taxes on it in the US, then you should not be taxed again on it in Canada, the 2 countries have a tax treaty. A good tax preparer in Canada should have information about this.
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WindigokanNew MemberUser avatar
Posts: 1
Joined: 19 Apr 2008
Location: Gummersbach

Check Out Your Treaty Document As Well

Post Sat Apr 19, 2008 4:30 am

:shock: Hi Tripleplay, Don't forget to check your original Treaty Document as well. Depending on the Treaty your people have signed, you MAY have extraordinary rights superceding that U.S,/Canada Tax Treaty/Agreement as well.

I have my own business here in Germany, under German Licence and my head office is on my Reservation.LOL Canada and Germany have a Tax agreement too like most Countries around the world. They just Didn't figure that one day we Aboriginals would span the globe, live in other countries and exercise our rights! I Love the Tax benefits I get according to my Treaty. My Treaty signed with the British Throne, me the Indian being a ward of the Crown has entitled me to the Benefits of U.K. citizenship. The Treaties we have ARE International documents. You might want to check that under your Treaty too. Have fun bro!
" No One Can Be Your Respresentative Between You And The Creator, That Is Why You Were Given The Gift Of Dreams, Follow Your Dreams!"
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StevenCanuckAbroad VIP
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Joined: 28 Sep 2007
Location: Calgary

Re: Canadian Aboriginal with green card working in US live i

Post Sun Apr 20, 2008 10:10 pm

tripleplay21 wrote:I am a canadian aboriginal with a Green card acquired with Jay treaty status. I live in Canada and travel to us about 40 times a year to do business on US soil. I receive a 1099 form from my US contractors and file US taxes. I need to find information regarding filing my Canadain Taxes and cannot find any documentation relating to this. Please help. Note: none of the US income was for work performed on Canadian soil.


This is an unusual situation. Ordinarily people in this situation would pay only US taxes and claim US residency for tax purposes. Ordinarily, green card holders must use the US as their tax home.

However there are special tax treaties that apply in this situation as you have obtained green card status through a treaty obligation. Which means you may be able to claim tax residency in Canada and still retain your permanent residency in the US.

I think this is going to be too complicated for anyone on here to really comment on as it depends on what the treaty with the Canadian and US goverments specifically says in relation to taxes.

You really need to talk to the IRS and the CRA to find out what your specific situation is in relation to taxes.

However I would say that if your income is from the US, you have green card status and you are filing a 1040, then there isn't likely to be much that you have to do. Tell the CRA you are non-resident for tax purposes and that's about it, most likely. However there may be treaty obligations such as tax sharing responsiblities the US and Canadian Governments have which require some special form to be filed perhaps.

Check with the CRA.
Steve.
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