Canadian Aboriginal with green card working in US live in CA

tripleplay21
New Member



Joined: 17 Apr 2008
Posts: 1

Posted: Thu Apr 17, 2008 11:55 am

 

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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
Moderator


Canuck in NC

Joined: 16 Jul 2004
Posts: 967
Location: North Carolina

Posted: Fri Apr 18, 2008 3:03 am

 

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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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Windigokan
New Member


Keep it out of Reverse Eh!

Joined: 19 Apr 2008
Posts: 1
Location: Gummersbach

Posted: Sat Apr 19, 2008 3:30 am

 

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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!
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Steven
CanuckAbroad VIP



Joined: 28 Sep 2007
Posts: 739
Location: Calgary

Posted: Sun Apr 20, 2008 9:10 pm

 

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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.
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Steve.

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