Mar-26-2015 06:28 AM
Apr-02-2015 03:40 PM
John & Angela wrote:SabreCanuck wrote:sue.t wrote:
According to a 2014 article from Business News Network being in the U.S. or out of Canada too long can result in the following:
1. Banned from travel to U.S. if unlawfully present. Canadians who remain in the U.S. for more than 183 days in a rolling 12-month period risk being deemed unlawfully present, the consequences of which are: a) a 3-year travel ban if unlawfully present for between 183 and 365 days; and b) a 10-year travel ban if unlawfully present for more than 365 days.
2. Liability for U.S. income tax on worldwide income. The U.S. taxes American citizens and U.S. residents on their worldwide income. If the snowbird is present in the U.S. for too many days he risks becoming deemed a U.S. resident and therefore subject to tax on his worldwide income.
3. Liability for U.S. estate tax on fair market value of worldwide assets. The U.S. also taxes U.S. citizens and U.S. residents on the fair market value of their worldwide assets at death. Unfortunately the definition of U.S. resident for estate tax is fundamentally different than the definition for U.S. income tax purposes. The result is that the heirs of the uninformed snowbird can find their inheritance subject to the U.S. estate tax.
4. Liability for Canadian departure tax. Canada taxes its residents on their worldwide income. Once a Canadian resident is no longer a resident he is deemed to have disposed all of his assets (subject to exceptions), recognize the gain on those assets, and pay tax on that gain. Whether an individual is no longer a resident is a facts and circumstances test; however, a big factor in that analysis is day count. Therefore, the snowbird who spends too much time in the U.S. risks a nasty Canadian tax surprise.
5. Loss of provincial health care. Canadian residents are entitled to participate in provincial health services. Once an individual is no longer a resident of the particular province, he loses this entitlement. Of course, the rules for "residency" in the health care context are different than those discussed above.
Thank you for this direct answer to my question.
🙂
Although an interesting summary it is definitely not an official document. Number 4 for example, Canadians routinely maintain their residency while travelling for extensive periods around the world. It also seems to imply that a Canadian who spends too much time in the US specifically somehow risks their residency of Canada questioned. If you live in Canada, house, utilities, insurance, banking etc, there is no question of your residency. You may simply be on an extended trip or education in another country or countries. Interesting article but not something you want to "take to the bank" so to speak.
Apr-01-2015 02:29 PM
SabreCanuck wrote:sue.t wrote:
According to a 2014 article from Business News Network being in the U.S. or out of Canada too long can result in the following:
1. Banned from travel to U.S. if unlawfully present. Canadians who remain in the U.S. for more than 183 days in a rolling 12-month period risk being deemed unlawfully present, the consequences of which are: a) a 3-year travel ban if unlawfully present for between 183 and 365 days; and b) a 10-year travel ban if unlawfully present for more than 365 days.
2. Liability for U.S. income tax on worldwide income. The U.S. taxes American citizens and U.S. residents on their worldwide income. If the snowbird is present in the U.S. for too many days he risks becoming deemed a U.S. resident and therefore subject to tax on his worldwide income.
3. Liability for U.S. estate tax on fair market value of worldwide assets. The U.S. also taxes U.S. citizens and U.S. residents on the fair market value of their worldwide assets at death. Unfortunately the definition of U.S. resident for estate tax is fundamentally different than the definition for U.S. income tax purposes. The result is that the heirs of the uninformed snowbird can find their inheritance subject to the U.S. estate tax.
4. Liability for Canadian departure tax. Canada taxes its residents on their worldwide income. Once a Canadian resident is no longer a resident he is deemed to have disposed all of his assets (subject to exceptions), recognize the gain on those assets, and pay tax on that gain. Whether an individual is no longer a resident is a facts and circumstances test; however, a big factor in that analysis is day count. Therefore, the snowbird who spends too much time in the U.S. risks a nasty Canadian tax surprise.
5. Loss of provincial health care. Canadian residents are entitled to participate in provincial health services. Once an individual is no longer a resident of the particular province, he loses this entitlement. Of course, the rules for "residency" in the health care context are different than those discussed above.
Thank you for this direct answer to my question.
🙂
Apr-01-2015 01:09 PM
sue.t wrote:
According to a 2014 article from Business News Network being in the U.S. or out of Canada too long can result in the following:
1. Banned from travel to U.S. if unlawfully present. Canadians who remain in the U.S. for more than 183 days in a rolling 12-month period risk being deemed unlawfully present, the consequences of which are: a) a 3-year travel ban if unlawfully present for between 183 and 365 days; and b) a 10-year travel ban if unlawfully present for more than 365 days.
2. Liability for U.S. income tax on worldwide income. The U.S. taxes American citizens and U.S. residents on their worldwide income. If the snowbird is present in the U.S. for too many days he risks becoming deemed a U.S. resident and therefore subject to tax on his worldwide income.
3. Liability for U.S. estate tax on fair market value of worldwide assets. The U.S. also taxes U.S. citizens and U.S. residents on the fair market value of their worldwide assets at death. Unfortunately the definition of U.S. resident for estate tax is fundamentally different than the definition for U.S. income tax purposes. The result is that the heirs of the uninformed snowbird can find their inheritance subject to the U.S. estate tax.
4. Liability for Canadian departure tax. Canada taxes its residents on their worldwide income. Once a Canadian resident is no longer a resident he is deemed to have disposed all of his assets (subject to exceptions), recognize the gain on those assets, and pay tax on that gain. Whether an individual is no longer a resident is a facts and circumstances test; however, a big factor in that analysis is day count. Therefore, the snowbird who spends too much time in the U.S. risks a nasty Canadian tax surprise.
5. Loss of provincial health care. Canadian residents are entitled to participate in provincial health services. Once an individual is no longer a resident of the particular province, he loses this entitlement. Of course, the rules for "residency" in the health care context are different than those discussed above.
Mar-31-2015 12:50 PM
garyhaupt wrote:John & Angela wrote:garyhaupt wrote:
Okay..no fair....what is the Schengen Zone? I mean...commmooonnnnnnn.....geeez
I should not be having to do this, eh...broken leg and all...
http://en.wikipedia.org/wiki/Schengen_Area
Gary Haupt
heh heh. Good morning Gary. The schengen zone is a HUGE PAIN THE ASSETS for those of us who want to schlepp around europe for a year or so. But, with a little creative planning you can work around it. For us it means arriving in Holland in march, but the RV hit the road straight for southern Italy. Then slowly work our way back to France so on day 85 or so (fudge factor) we can take the chunnel crossing to Jolly old england for 3 months or so. Then back to europe for another 90 days, and then down to Morocco for 90 days. Morocco is very cool and can't wait to get back there. We will have radar (our chihuahua) with us and things get tricky with rabies certificates when leaving and returning to the Schengen from North Africa, so yet another challenge. Meh, its all fun. 🙂
You are buying an RV over there? There has to be a reason for not shipping yours...inquiring minds NEED to know this. I have looked at it..I think it was about 5 grand, each way and I sorta thought, that was better than renting and all. I was thinking of a year..but perhaps doing it in segments.
Gary Haupt
Mar-31-2015 10:07 AM
John & Angela wrote:garyhaupt wrote:
Okay..no fair....what is the Schengen Zone? I mean...commmooonnnnnnn.....geeez
I should not be having to do this, eh...broken leg and all...
http://en.wikipedia.org/wiki/Schengen_Area
Gary Haupt
heh heh. Good morning Gary. The schengen zone is a HUGE PAIN THE ASSETS for those of us who want to schlepp around europe for a year or so. But, with a little creative planning you can work around it. For us it means arriving in Holland in march, but the RV hit the road straight for southern Italy. Then slowly work our way back to France so on day 85 or so (fudge factor) we can take the chunnel crossing to Jolly old england for 3 months or so. Then back to europe for another 90 days, and then down to Morocco for 90 days. Morocco is very cool and can't wait to get back there. We will have radar (our chihuahua) with us and things get tricky with rabies certificates when leaving and returning to the Schengen from North Africa, so yet another challenge. Meh, its all fun. 🙂
Mar-31-2015 09:24 AM
garyhaupt wrote:
Okay..no fair....what is the Schengen Zone? I mean...commmooonnnnnnn.....geeez
I should not be having to do this, eh...broken leg and all...
http://en.wikipedia.org/wiki/Schengen_Area
Gary Haupt
Mar-31-2015 09:12 AM
Mar-31-2015 06:31 AM
sue.t wrote:
According to a 2014 article from Business News Network being in the U.S. or out of Canada too long can result in the following:
1. Banned from travel to U.S. if unlawfully present. Canadians who remain in the U.S. for more than 183 days in a rolling 12-month period risk being deemed unlawfully present, the consequences of which are: a) a 3-year travel ban if unlawfully present for between 183 and 365 days; and b) a 10-year travel ban if unlawfully present for more than 365 days.
2. Liability for U.S. income tax on worldwide income. The U.S. taxes American citizens and U.S. residents on their worldwide income. If the snowbird is present in the U.S. for too many days he risks becoming deemed a U.S. resident and therefore subject to tax on his worldwide income.
3. Liability for U.S. estate tax on fair market value of worldwide assets. The U.S. also taxes U.S. citizens and U.S. residents on the fair market value of their worldwide assets at death. Unfortunately the definition of U.S. resident for estate tax is fundamentally different than the definition for U.S. income tax purposes. The result is that the heirs of the uninformed snowbird can find their inheritance subject to the U.S. estate tax.
4. Liability for Canadian departure tax. Canada taxes its residents on their worldwide income. Once a Canadian resident is no longer a resident he is deemed to have disposed all of his assets (subject to exceptions), recognize the gain on those assets, and pay tax on that gain. Whether an individual is no longer a resident is a facts and circumstances test; however, a big factor in that analysis is day count. Therefore, the snowbird who spends too much time in the U.S. risks a nasty Canadian tax surprise.
5. Loss of provincial health care. Canadian residents are entitled to participate in provincial health services. Once an individual is no longer a resident of the particular province, he loses this entitlement. Of course, the rules for "residency" in the health care context are different than those discussed above.
Mar-31-2015 06:02 AM
Mar-30-2015 08:51 PM
Mar-30-2015 08:39 PM
Gruffy wrote:
No.... If you are crossing the border you should be aware of the rules and not depend on the Trolls to scare you off.
It's not magic ... Snowbirds does not write the laws. Just be aware. There are folks out there who would just love to fill out forms for a fee.
Mar-30-2015 08:32 PM
RoamingRV wrote:
Here is an excellent article in RVWest's January newsletter - it describes it quite well. My recommendation is to make sure you have the form and document when you enter and leave the US - each time. What is important that you can prove your ties are to Canada.
RVWest-changes to crossing the US Border
Mar-30-2015 08:26 PM
garyhaupt wrote:
Gruffy.."There is a USA/Canada tax treaty .... perhaps you should read it."
Maybe you meant it to be helpful, but it comes across as pretty 'gruff'. No need for that, right?
Everyone is just trying to be helpful.
Gary Haupt
Mar-29-2015 04:00 PM