CEN-TA Tax and Immigration ForumThe CEN-TA Group Help for Those Living and Working in Multiple Tax Jurisdictions

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Welcome to CEN-TA Tax and Immigration Forum
Friday, July 04 2008 @ 10:03 PM GMT-7

The CEN-TA Group

This is Your Source for Experts in Income Tax Preparation, Immigration, Real Estate, Investment and all manner of Cross Border Business and Personal Activities Advice and Information, Forms, Filing, Resources. Our Tax Preparers are Expert in all manner of Personal and Executive Trans-Border Problems

David Ingram and The CEN-TA Group are recognized as leading experts in the areas of cross-border taxation and personal business as well as financial planning and tax planning.

If you have a question on tax, visas, immigration, or cross-border issues you want to ask, please Ask the Experts
Some of the answers appear here, others are in the CEN-TAPEDE mail list archives Your answer will be e-mailed to you.

We're adding lots more articles all the time - take a look around.

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CANADA capital gains on primary residence - $500, 000 tax free on sale of business in Canada - Fedel Saccomanno tax case

General NewsWe are planning to travel and stay on away from home for up to 2 years on Vancouver Island, if we decide to sell at the end of that time will our house still be considered our primary residence? Also - someone told me that if I've ever used a room at home as an office that I have to pay capital gains on that portion of the house sale, is this true? Question Number Three - I sold my business of 42 yrs, not incorporated, and want to know if I will have to pay capital gains there. I received 100 thousand down and am owed 85. Thanks, xxxxxxx
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CANADA Consulting in the US -

General NewsQUESTION:I am a Canadian citizen who works as a freelance Corporate Trainer. I am being subcontracted by a Canadian training company who wants me to teach a 3 day program in the US. I would be paid by the Canadian training company. Do I need a visa? If so, how do I get one and how long would it take?Thank you!
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CANADA Fix up & collect rent -

General News A Canadian who owns US property asks, In regards to the comment I have heard "You cannot fix up or collect rent on your property" can you please explain.Thank you
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Fix up & collect rent -

Canadian Tax A Canadian who owns US property asks, In regards to the comment I have heard "You cannot fix up or collect rent on your property" can you please explain.Thank you
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capital gains on primary residence - $500, 000 tax free on sale of business in - Fedel Saccomanno tax case

Canadian TaxWe are planning to travel and stay on away from home for up to 2 years on Vancouver Island, if we decide to sell at the end of that time will our house still be considered our primary residence? Also - someone told me that if I've ever used a room at home as an office that I have to pay capital gains on that portion of the house sale, is this true? Question Number Three - I sold my business of 42 yrs, not incorporated, and want to know if I will have to pay capital gains there. I received 100 thousand down and am owed 85. Thanks, xxxxxxx
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US taxes - year of move to the USA T1161 8891 TDF 90-22.1 -

Canadian TaxI started working in the states last April for about 8 months with a TN visa. I was wondering if I have to pay taxes on income earned in the states to Canada as well?
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How to file US/Canadian taxes for 2007 -

Canadian TaxQUESTION:We hired a "tax professional" recommended by a financial adviser to handle our tax situation for the year and things seem totally wrong. My husband is a Canadian citizen that got his US green card and entered the US in April 2007. We live in Ohio and he is the only income earner since I am on maternity leave. So he has Ohio income, income earned in Toronto while still a resident of Canada and I have income from Connecticut where I was working before moving to Ohio. He also has RRSPs that we don't know what to do with. The tax guy filed our US tax as a 1040 married filing jointly listing both of our US jobs (mine in Connecticut before having the baby and his in Ohio now) for our income. He did not list any of the Canadian income at all or mention the RRSPs or anything. We were under the impression that since he was a Canadian resident until April and then a permanent US resident thereafter that we had to file to include the Canadian income and then file a form 2555 to exclude that income to keep from being taxed on it twice. On the Canadian return the tax guy didn't add in any of the US income, including my income from my previous job in CT. He only shows my husband's Canadian income =66rom the job he was working in Toronto up until his immigration to the US in April. Does this all seem right or totally wrong to you all?
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CANADA US Canada taxes - year of move to the USA T1161 8891 TDF 90-22.1 -

General NewsI started working in the states last April for about 8 months with a TN visa. I was wondering if I have to pay taxes on income earned in the states to Canada as well?
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Income from a Canadian R.R.I.F - 8621 - 8891 - TDF 90-22.1 -

Canadian Tax

Canadian resident US citizen owns many Canadian mutual funds, what arethe filing requirements? I heard some people have recorded on their1040 returns the same allocation as per T3; others have put the totaldistribution as income on Schedule B so have reported the capital gaindistribution as straight income along with the return of capital. Somehave suggested that Form 3520 needs to be prepared. Others have said noinstead prepare Form 8621 and a QEF election should be considered. Sowhat are you thoughts and how have you been handling this mutual fundissue???

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david ingram replies:

Treat a T3 or a T5 as a 1099-Div or 1099.  convert the figures to USdollars if in Canadian and put in the proper place on Schedules B and D.

Calculate the tax you paid to Canada and claim it as a foreign taxcredit on form 1116

There is no reason to fill out a form 8621 or QEF (Qualified ElectingFund)  because the Canadian taxes will just about always wipe out anyUS tax by filing form 1116.

You can see Form 8621 here - http://www.irs.gov/pub/irs-pdf/f8621.pdf
 
Assuming all of your accounts total more than $10,000 US, you will thenfill out forms TDF 90-22.1 for every financial account including RRSP,RRIF and RESP accounts, AND any mother or father or sister or brother'sor company accounts yo may have signing authority over.  See Question7  at bottom of Schedule B.

Form TDF 90-22.1 -  http://www.irs.gov/pub/irs-pdf/f90221.pdf-

For your RRSP, RRIF and RESP accounts you should file form 3520.  Thegood news is that for the RRIF and RRSP accounts you can substitute themuch easier form 8891.

Form 8891 - http://www.irs.gov/pub/irs-pdf/f8891.pdf

The penalties for failure to file these forms are immense.

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This older question explains penalties:

QUESTION:I would like to put some money away for retirement. I'm a U.S. citizen living in Canada for the near future, but I know I'll be living in the U.S. again before I retire. Should I put my money in an RRSP or an IRA?
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CANADA How to file US/Canadian taxes for 2007 -

General NewsQUESTION:We hired a "tax professional" recommended by a financial adviser to handle our tax situation for the year and things seem totally wrong. My husband is a Canadian citizen that got his US green card and entered the US in April 2007. We live in Ohio and he is the only income earner since I am on maternity leave. So he has Ohio income, income earned in Toronto while still a resident of Canada and I have income from Connecticut where I was working before moving to Ohio. He also has RRSPs that we don't know what to do with. The tax guy filed our US tax as a 1040 married filing jointly listing both of our US jobs (mine in Connecticut before having the baby and his in Ohio now) for our income. He did not list any of the Canadian income at all or mention the RRSPs or anything. We were under the impression that since he was a Canadian resident until April and then a permanent US resident thereafter that we had to file to include the Canadian income and then file a form 2555 to exclude that income to keep from being taxed on it twice. On the Canadian return the tax guy didn't add in any of the US income, including my income from my previous job in CT. He only shows my husband's Canadian income =66rom the job he was working in Toronto up until his immigration to the US in April. Does this all seem right or totally wrong to you all?