US Green Card Holder working in Canada as PR

[nazgul86]

Hello,

I am both a US Green Card Holder (since 2015) and Canadian PR holder (since 2020). I now work from Canada, and on Canadian payroll.
I wanted to know if anyone had experience in Tax Filing (both Canada and US) when being a permanent resident of both countries. My understanding is that the Tax treaty between the two countries should avoid double taxation. I filled a form T1213, for some RSU stocks that my company granted me back when I was in US.
Other than that, is anyone aware of any other documentation required when filing taxes next year?

Thanks in advance,
Alberto

 

[scylla]

Hello,

I am both a US Green Card Holder (since 2015) and Canadian PR holder (since 2020). I now work from Canada, and on Canadian payroll.
I wanted to know if anyone had experience in Tax Filing (both Canada and US) when being a permanent resident of both countries. My understanding is that the Tax treaty between the two countries should avoid double taxation. I filled a form T1213, for some RSU stocks that my company granted me back when I was in US.
Other than that, is anyone aware of any other documentation required when filing taxes next year?

Thanks in advance,
Alberto

You have to file taxes in both countries and fully declare worldwide income in both returns.

Let's say you file your taxes in Canada first, you then declare the taxes you've already paid to Canada in your U.S. return. This is what avoids double-taxation.

 

[ByeTexas]

Just curious, how are you going to keep your residency requirements valid for for US green card if you also have Canadian PR status and are living and working there?

 

[scylla]

Just curious, how are you going to keep your residency requirements valid for for US green card if you also have Canadian PR status and are living and working there?

It's a good question.

Green card status will effectively be lost once the OP is no longer living in the U.S. for a year.

 

[nazgul86]

It's a good question.

Green card status will effectively be lost once the OP is no longer living in the U.S. for a year.

Just to give more context: I relocated to Canada at the beginning of the year while waiting for my wife's GC to be approved (we were at last steps with NVC), and the idea was to relocate back once ready. Since COVID and Trump's Executive Order, it complicated things, so we are now considering staying in Canada long term. I believe I would still be able to maintain the Green Card by making sure to visit the US roughly every 6 months. However I'm aware it's a gamble each time re-entering the US, they may realize I am no longer living in US and ask to surrender it. I'm also aware of the "Green Card Exit Tax", so it's likely I may just decide to abandon it if we end up staying in Canada.

 

[scylla]

Just to give more context: I relocated to Canada at the beginning of the year while waiting for my wife's GC to be approved (we were at last steps with NVC), and the idea was to relocate back once ready. Since COVID and Trump's Executive Order, it complicated things, so we are now considering staying in Canada long term. I believe I would still be able to maintain the Green Card by making sure to visit the US roughly every 6 months. However I'm aware it's a gamble each time re-entering the US, they may realize I am no longer living in US and ask to surrender it. I'm also aware of the "Green Card Exit Tax", so it's likely I may just decide to abandon it if we end up staying in Canada.

You will not be able to maintain your green card with visits. It's not enough just to visit the US every six months. You have to actually live in the U.S. to keep your green card status. The U.S. is a great deal less lenient when it comes to residency. If keeping your green card status is a priority, very strongly recommend you make a move back to the U.S. before you've lived in Canada for a year.

 

[nazgul86]

You will not be able to maintain your green card with visits. It's not enough just to visit the US every six months. You have to actually live in the U.S. to keep your green card status. The U.S. is a great deal less lenient when it comes to residency. If keeping your green card status is a priority, very strongly recommend you make a move back to the U.S. before you've lived in Canada for a year.

Thanks, I'm aware of that. I'm also aware of many people who have been able to keep a green card for many years living abroad As I said, it's a gamble. They may have been just lucky. I'll take my chances!

 

[ByeTexas]

Of course you're free to do as you wish. What you're describing sounds like fraud, considering the US residency requirements are very clear as is the requirement that you file an I-407 with USCIS if you don't fall within those guidelines. Sounds like you're aware of many people who have been able to defraud the US immigration system while living abroad for many years, which again is their own risk to bear those consequences. But, if you do get caught, you're running the risk of not only fines/legal action, but being considered permanently inadmissible to the United States. Best of luck!

 

[scylla]

Thanks, I'm aware of that. I'm also aware of many people who have been able to keep a green card for many years living abroad As I said, it's a gamble. They may have been just lucky. I'll take my chances!

They've gotten lucky. As the U.S. and Canada continue to increase information sharing, I expect it will become more and more difficult to slip through the cracks.

It sounds like you're good with losing your green card status if it comes to that, so no issues.

 

[starlordavuthu]

They've gotten lucky. As the U.S. and Canada continue to increase information sharing, I expect it will become more and more difficult to slip through the cracks.

It sounds like you're good with losing your green card status if it comes to that, so no issues.
[/Q

Thanks, I'm aware of that. I'm also aware of many people who have been able to keep a green card for many years living abroad As I said, it's a gamble. They may have been just lucky. I'll take my chances!

I am not hating on you mate but there are folks who would literally do anything to get at least one of the opportunities you have, please dont waste them for selfish reasons

 

[nazgul86]

ly for a re-entry permit and extend it timely. Things will improve ne

I'm aware that I am in a lucky position, but it's also obvious that it's not easy to maintain both at the same time. So the choice is either 1) surrender one of them 2) keep both and be lucky. Alternative is to get citizen of one of those 2 countries, or file for a re-entry permit. In my case the re-entry permit wouldn't work as I have a case pending for my wife's green card which requires my domicile to be US.. May update this thread when/if time comes to take a decision!

 

[nazgul86]

Tough decisions to make. What's your wife's status in Canada? You can potentially withdraw your wife's green card application if the immediate plan is to live in Canada for a while. Apply for re-entry permit to keep your US green card. Get citizenship in Canada and then decide on the next steps.

I know, it's tough decision, and not something I would have liked to do, but sort of forced to do. We're both PR in Canada luckily. Abandoning the existing GC would mean restarting from scratch and re-paying all the fees. I'm not sure I'd want that, but yeah it's an option. We're literally in the hands of consulates and current administration to see if they're going to extend the current EO about stopping green cards for spouses which affects our case.

 

[nazgul86]

I'm not familiar with spousal visas; did your lawyer say whether the i-130 will be intact if you only withdraw the DS260 application? Also, since you are a US green card holder, are you eligible for naturalization soon?

I'm not sure, hoping won't have to go that direction, but will update here if find out.