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Canadian Expats and travelers in the USA can communicate with each other here!

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isk8@k2New Member
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Posts: 2
Joined: 20 Jun 2010

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Post Sun Jun 20, 2010 4:58 am

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Last edited by isk8@k2 on Mon Jun 21, 2010 11:14 am, edited 1 time in total.
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agnelsonCanuckAbroad VIP
Posts: 2865
Topics: 1
Joined: 26 Aug 2009

Re: Split Family: One Spouse - Canada / Other - USA

Post Sun Jun 20, 2010 8:36 am

Your return to Canada does not necesarilyt make him resident for tax purposes, as long as HE does not come to canada regularly to visit you.

Your L2 visa reamins good until his L1.

You weren't able to find work in GA?
This site is a travel site and not best source for these topics:
TN and TD info: http://forums.immigration.com/forumdisp ... -TN-Status
For US/Cdn taxes and SS/CPP:forums.serbinski.com/index.php
US Marriage-based Immigration: visajourney.com
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isk8@k2New Member
Topic author
Posts: 2
Joined: 20 Jun 2010

Re: Split Family: One Spouse - Canada / Other - USA

Post Sun Jun 20, 2010 10:40 am

Thanks for your reply. I have confirmed that spouse and children living in Canada is considered a significant residential tie as strong as owning property. He would have more residential ties to Canada than USA.

We are not located in GA but smaller city in VA.

Good to hear that L2 remains in tact.
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agnelsonCanuckAbroad VIP
Posts: 2865
Topics: 1
Joined: 26 Aug 2009

Re: Split Family: One Spouse - Canada / Other - USA

Post Sun Jun 20, 2010 3:34 pm

Confirmed with who? This is a treaty matter. CRA rarely gives opinions on treaty matter when you call.

As I have discussed many times on forums.serbinski.com, a spouse in Canada does not necessarily make a one resident, by treaty. Since one would have a home in both the the US and Canada (i'm sure he would not be living out of a suitace), and works in US, the scale tips to the US, IF he spends most of his time in US as well.

It may make little differnce tax wise this year, but if he wants to move any pension money, severance etc, it does. So, don;t be too quick to assume what you hear from CRA as gospel.

He will re-establish Cdn taxation only when he returns to canada to live and work.

By the way, owning property in canada is not a strong residential tie. Having a home in canada is, but his still wouldn't make you resident unless you actually live there and not inm your US home.

Sorry about confusing you with other Alpharetta family.
This site is a travel site and not best source for these topics:
TN and TD info: http://forums.immigration.com/forumdisp ... -TN-Status
For US/Cdn taxes and SS/CPP:forums.serbinski.com/index.php
US Marriage-based Immigration: visajourney.com
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