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Our situation

shallowpurple

Star Member
Jul 26, 2014
93
0
(posting in right forum)
Here is our situation and I wanted to take thoughts from folks here (please no trolling - just constructive feedbacK)

1. We are a family of four - me, my spouse and our two children (5 and 2) currently residing in the US for last decade. We plan to move to Canada by end of January 2017 as *PR* residents.
2. My spouse has got her company to transfer her to their Canadian office, so she would be working from Canada. My company has allowed me to work remote while maintaining my H1B status (though not in Canada).
3. So, I would have to commute to US border city on a regular basis while staying in Canada (with family). Is this doable (without any legal issues)? I am sure there would be folks who work for US employers in H1B while living in Canada - requesting help.
4. For the last few years, we have filed our US taxes as Married-filing-jointly. For 2017, my spouse would be staying for less than 31 days in the tax year and so, wouldn't be a resident of US but instead would be tax resident of Canada.My understanding is that she would need to
(a). File US tax as Non-Resident (1040NR) and Married-filing-separately for the income from Jan 1-Jan 25, 2017.
(b). File Candian Tax return (as resident as her employer is in Canada) for income from Jan 25-Dec 31, 2017 (and claim US tax/FICA/state tax credit for taxes paid in US)
The date of Jan 25 is flexible - seeking advice on best course of action.
5. I would still continue to work remotely (in US) for a US employer. This means that I would be staying a little longer (more than 31 days in US for 2017) and supposedly have to file as tax-resident. I would be choosing to file married-filing-separately in US tax (using 1040), and then filing Canadian tax as resident(claiming US taxes paid as credit)

I am novice in all this and wanted to take thoughts from experts. Am I missing some pit-falls?

I plan to seek professional advice but before that I want to know if I am talking sense. Am I missing something?
 

Gregor.Samsa

Hero Member
Feb 7, 2015
823
32
Alberta
Category........
Job Offer........
Pre-Assessed..
LANDED..........
2016-03 (EE), TFW since 2012-04
shallowpurple said:
Just to be clear we are already PR (did landing in 2015 and will finally go in 2017)
As PR you can travel all that you want

However to renew the PR card you shounderstand meet the time in Canada requirement.

You both should pay taxes in Canada most probably
I don't know about US taxes
 

MidoRafa

Star Member
Jul 5, 2012
199
40
Hello shallowpurple,

I will address just one of your questions - the issue of US taxation.

As you point out, your spouse will -most probably- be a nonresident alien for 2017, depending on her days of residence and the Substantial Presence Test.

However, if you remain a resident alien for the year, the IRS offers you a choice in this situation: either, as you mentioned, you each file separately, you as a resident and she as a non-resident, or you can choose for her to be treated as a resident alien as well. It is called the 6013(g) election and it applies to married couples where one spouse was a citizen or resident alien during the year while the other wasn't, allowing them to file as "married filing jointly". This allows for a simpler filing (one return instead of two) and offers them the tax rates, deductions, and credits that go along with the status, which in general are better than what you'd get if you filed separately. [who knew the IRS could be so accommodating, right?!]
This is the link: https://www.irs.gov/individuals/international-taxpayers/nonresident-spouse-treated-as-a-resident

I am not saying that this will necessarily be better in your case which involves her Canadian income and your combined Canadian taxes. You would probably have to run the numbers twice to see which scenario is more advantageous to your family. I just wanted to let you know about this option in case you didn't, maybe it can save you some money and complexity (in which case I would appreciate some positive vibes and/or a little prayer ;) ).

Best of luck with your move!
 

Gregor.Samsa

Hero Member
Feb 7, 2015
823
32
Alberta
Category........
Job Offer........
Pre-Assessed..
LANDED..........
2016-03 (EE), TFW since 2012-04
Your wife will be Canadian resident for taxes purposes if she's living and working in Canada for more than 6 months.

Coming in January means she have to pay taxes here.



You'll be leaving in Canada but working abroad/remotely, you'll have to pay taxes here most probably

https://travel.gc.ca/travelling/living-abroad/taxation

http://www.cra-arc.gc.ca/tx/ndvdls/tpcs/ncm-tx/rtrn/cmpltng/rprtng-ncm/lns101-170/104/frgn-eng.html


Probably your wife could need to pay taxes in US for 2017, but this income will be double taxed because she have to pay taxes in Canada for it.

You should pay taxes in US for sure.

There some procedures when you're paying taxes in two countries, but I don't know it

I recommend hire a tax expert in both sides of the border