Filling "Determination of Residency Status" form NR73

Hi,

I came to the US on H1B on Nov 4th, 2009 but was on temp housing until Jan 2nd. I sold my house on March - closing date is April 26th. Now my lawyer for the sale of the property is asking me to fill the Determination of Residency Status form. In that form, there is a departure date field (from Canada). It is kind of confusing as to what my departure date is. Is it Nov 4th - as stated in the passport or is it jan 2nd, as I did not have permanent abode in the US until then?

Can anyone shed some light?

Thanks.
Ed

Why is the lawyer asking for this? It is typically sufficient to state that you are non-resident. Is he trying to say you are resident to make hos life easier? because to you it doesn't really matter as long as you file to correct forms before and after you sell.

Besides, it is only CRA that can use this information to make a determination, not lawyer.

The date would be Jan 02 -- becausethat is when a home in US became available to you.. But remember, we discussed that trying to make your departure date different that the day you actually left is difficult -- now you see why.

But your passport date is meaningless in any event.

I know we discussed it. Thanks a lot. I just told my lawyer that I am a non-resident and that's it. My money is going to be held up for sometime till my tax liabilities are cleared. I don't have any, but I guess it will take some time.

On the other hand, I filed 1040NR in the US for 2009 income. Do I have to file 8891 for the tax year 2009? If I have to file, there is a question which says whether I am an annuitant of the plan or the beneficiary. For me, it's the same thing?

Any suggestions?

Thanks

If you sold your own home so soon after you left canada, theer should not have been any proceeds withheld: your home is exempt from tax for one year after leaving. That would have ben clear on your compliance form.

You don't need 8891 when you file 1040NR.

Please read all my instructions on this issue at forums.serbinski.com

never use annuitant, although it "sounds" like what you may be in Cdn terms -- its not.

You are the beneficiary.

Hello there,

I've read a lot of the information on this site with regard to Canadians requesting a 'non residency' determination from the CRA and I can't figure out if I'm 'worried' they will deny mine, or 'confident' they won't...

I married an American citizen in the summer of 2003 and relocated with my 2 children that same summer. By December, we received our Permanent Resident cards (green cards) and we have been here ever since. We own a home here, our children go to school here (we have a child who also was born here in 2004) and for the most part, I worked here as well. (I say 'for the most part' b/c I'm currently unemployed. I am a NYS certified teacher but have only had long term sub. positions...) From January of 2006 to June, of 2007, I returned to the Canadian school board I had a 'leave' from but at the end of 2007, I quit completely as there was no way I could continue with such a commute - 1 1/2 hours each way, each day!

I filed my Canadian taxes in my final year of living in Canada - 2003 and I filed my Canadian taxes when I returned for both the 2006 and the 2007 tax years but I had GREAT difficulty finding any accountant anywhere who understood living in the U.S. and working in Canada. I ended up using a very expensive accountant from Quebec in order to file my 2006 and 2007 taxes. In any case, I never realized I 'had' to tell the CRA that I was no longer living in Canada and I don't believe I've ever done this formally. I have no OHIP, one Canadian bank acct that has been kept open for two reasons: 1., my ex-husband pays child support in Canadian currency and it has been easier to manage this way and, 2. my two Canadian daughters had 'student' rrsps set up at the bank that I continued to pay into........ that's all gone now as my oldest daughter used it all for college in one single year!

The only reason I now need a non-residency letter is b/c I transferred my teachers' pension over to my bank and am trying to have it released. The only way to do this is to a. file an application for financial harship - I don't qualify, b. reach a certain age - I don't qualify, or c. be a non-resident of Canada for at least (I believe) 2 or 3 years. That is where I qualify but my bank is not permitted to release the funds until I receive this letter...

I've been waiting now, 6 -7 weeks and just received a letter from the CRA that states they have received my request and will notify me when the review is complete......... I don't know if after already waiting 6-7 weeks, this is a good thing or not? Is it standard practice to send everyone this letter or is it indicative of a problem? Will they tell me I need to pay an incredible amount of money b/c I didn't declare I was a non-resident? I just don't know what to expect and if there is anyone who could help me, give me some useful, factual information, I would be very appreciative.

Thank you!

Carreen

Getting a locked pension is about the only reason to file NR73. It will no doubt be granted becuase you are... not living in Canada.

Otherwise the way to inform CRA that you left was to put a departure date on your Cdn return in 2003. That was all that was needed. You have been a non-resident since then. The ties you describe are insufficient to make your resident.
I just hope that when you say you never formally stopped being a Cdn tax resident, you did not neglect any reporting in the US that you should have: the alimony and the income in the RESPs was to be reported every year regardless of what you reported in canada.

btw forums.serbinski.com is a better forum for these types of questions