US outland applicants' thread :)

[amikety]

My partner had to mention his four step-brothers and step-sisters. He never lived with them and met them just a few times in his life, and he's 60! He didn't even know where some of them lived, but we drew the line at hiring a detective to find out! ;D

For my mom, I wrote a note telling CIC I haven't spoken to her or seen her since 2005. I asked my dad for her address, but he didn't have it.

I didn't ask my brothers though, because they get uncomfortable being put in the middle. I didn't include that in my note.

 

[slunikkimc3]

Wow I sure learnt something new!! I did not know this..this will be good to know for my husbands income tax this year. This is going to be so confusing!

it won't be so bad, i worked in NL (CA) and filed both taxes - of course I had to delay my US one (filed for an extension) so I could show proof I'd been out of the country for over there allotted 333 days or something to that effect; that way, they wouldn't say I owed taxes, because I had proof I'd been living and working and filed in CA.

Secondly, I have both US and CA bank accounts, and the US said as long as it was under a certain amount, it didn't have to be reported - I think it was 10,000 and mine was just shy of that - since I'd just paid all the fees for CIC- lol.

What you will have to do for the upcoming tax year on your CA tax form is file as a couple, ie, married or common law - both apply. Of course, this is only if you have been a resident of CA.

So, for instance, we'll be filing our CA taxes together for 2013 (ie, tax year 2012) because I was living there since 2011 (to just shy of 2013).

I haven't looked at the requirements for US - and I don't think it matters anyway because our relationship status in the US is only as bf/gf, so there's no need to file a joint return - of course I'll double check before doing so.

I know you asked this a while back, but since I just went through it, I thought I would give you my insight.

cheers!

 

[computergeek]

it won't be so bad, i worked in NL (CA) and filed both taxes - of course I had to delay my US one (filed for an extension) so I could show proof I'd been out of the country for over there allotted 333 days or something to that effect; that way, they wouldn't say I owed taxes, because I had proof I'd been living and working and filed in CA.

Actually, you didn't have to wait. The tax treaty overrides the general rules you find in many cases on the IRS web site - which makes things very complicated indeed because you read something on the IRS website and then the tax treaty overrides the general rule.

Secondly, I have both US and CA bank accounts, and the US said as long as it was under a certain amount, it didn't have to be reported - I think it was 10,000 and mine was just shy of that - since I'd just paid all the fees for CIC- lol.

Note that this includes the value in any retirement accounts. In addition there is no numeric limit if you have signatory authority over the account of someone else - e.g., if you have an incorporated business and can sign the account you must file the FBAR.

What you will have to do for the upcoming tax year on your CA tax form is file as a couple, ie, married or common law - both apply. Of course, this is only if you have been a resident of CA.

Canada does not have joint filing. If you are married, you must show that you are married and the information about your spouse, even if your spouse is not a tax resident of Canada.

I haven't looked at the requirements for US - and I don't think it matters anyway because our relationship status in the US is only as bf/gf, so there's no need to file a joint return - of course I'll double check before doing so.

That is generally true. It also impacts your treatment under the tax treaty because the term "spouse" is not the same in US and Canadian tax law (I have that situation).

There are other things it impacts. I learned that a US life insurance policy is subject to 30% withholding if the beneficiary is a non-US citizen or resident last year, which surprised me. I still have to research and see if there is a tax treaty position one can take to avoid the 30% withholding. Ugh, so much to do. I had to get a US EIN for one of my Canadian companies and the cost of that is a perpetual requirement to file a form 1120F in the US forever. I'm not sure the $500 was worth the hassle, to be honest.

 

[slunikkimc3]

Actually, you didn't have to wait. The tax treaty overrides the general rules you find in many cases on the IRS web site - which makes things very complicated indeed because you read something on the IRS website and then the tax treaty overrides the general rule.

Note that this includes the value in any retirement accounts. In addition there is no numeric limit if you have signatory authority over the account of someone else - e.g., if you have an incorporated business and can sign the account you must file the FBAR.

Canada does not have joint filing. If you are married, you must show that you are married and the information about your spouse, even if your spouse is not a tax resident of Canada.

That is generally true. It also impacts your treatment under the tax treaty because the term "spouse" is not the same in US and Canadian tax law (I have that situation).

There are other things it impacts. I learned that a US life insurance policy is subject to 30% withholding if the beneficiary is a non-US citizen or resident last year, which surprised me. I still have to research and see if there is a tax treaty position one can take to avoid the 30% withholding. Ugh, so much to do. I had to get a US EIN for one of my Canadian companies and the cost of that is a perpetual requirement to file a form 1120F in the US forever. I'm not sure the $500 was worth the hassle, to be honest.

what I meant by joint filing is we have to list each others income on our Canadian tax forms. that is a definite.

I spoke with someone at the IRS and I did have to wait. If I had filed earlier I would have been assessed - possibly (saying I owed taxes).

I think you mentioned you're a tax lawyer(?), which means obviously you have more experience than me.

But I'd rather listen to what I was told by Canada Revenue when I called and what I was told by US IRS when I called. I don't trust web sites; the info can be convoluted and distracting, so I decided to speak with someone. the CA Revenue person was a lot more helpful than the US IRS person - even though they did help, somewhat...

Everything worked out perfectly. So, to me waiting didn't matter.

The idea was to avoid paying out, even if it meant I would have been assessed later as not owing and the money returned.

the 10K was in my TSFA-CA acct. the remainder about 8K was in my CA chequing. Either way I did not go over the 50K requirement ( I think I made a mistake and said 10K originally).

 

[parker24]

what I meant by joint filing is we have to list each others income on our Canadian tax forms. that is a definite.

I spoke with someone at the IRS and I did have to wait. If I had filed earlier I would have been assessed - possibly (saying I owed taxes).

I think you mentioned you're a tax lawyer(?), which means obviously you have more experience than me.

But I'd rather listen to what I was told by Canada Revenue when I called and what I was told by US IRS when I called. I don't trust web sites; the info can be convoluted and distracting, so I decided to speak with someone. the CA Revenue person was a lot more helpful than the US IRS person - even though they did help, somewhat...

Everything worked out perfectly. So, to me waiting didn't matter.

The idea was to avoid paying out, even if it meant I would have been assessed later as not owing and the money returned.

the 10K was in my TSFA-CA acct. the remainder about 8K was in my CA chequing. Either way I did not go over the 50K requirement ( I think I made a mistake and said 10K originally).

I wouldn't file jointly myself. It's so much easier that way.

 

[computergeek]

the 10K was in my TSFA-CA acct. the remainder about 8K was in my CA chequing. Either way I did not go over the 50K requirement ( I think I made a mistake and said 10K originally).

The FBAR limit is $10k.

United States persons are required to file an FBAR if:

The United States person had a financial interest in or signature authority over at least one financial account located outside of the United States; and
The aggregate value of all foreign financial accounts exceeded $10,000 at any time during the calendar year to be reported.

http://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Report-of-Foreign-Bank-and-Financial-Accounts-%28FBAR%29

Note that they do require you to file one as well if you have signatory authority over a foreign bank account.

Penalties for not filing your FBAR are rather severe as well.

 

[slunikkimc3]

The FBAR limit is $10k.


Note that they do require you to file one as well if you have signatory authority over a foreign bank account.

Penalties for not filing your FBAR are rather severe as well.

Thanks! forgive me If I'm getting myself and you confused, you are right it's 10K for the calendar year - which i did not exceed! The term "Calendar year" is key:

Who must file an FBAR?
Any United States person who has a financial interest in or signature authority, or other authority over any financial account in a foreign country, if the aggregate value of these accounts exceeds $10,000 at any time during the calendar year

...At the time of what is considered the "calendar year" I had less than 10K combined in my CA accounts. The calendar year for 2011 taxes was Jan 1- Dec 31. I had only just moved to CA in October that year.

We're both saying the same thing, just in different ways. I think when I mentioned the additional monies, I should have clarified this.

 

[Tullysgirl]

The FBAR limit is $10k.

http://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Report-of-Foreign-Bank-and-Financial-Accounts-%28FBAR%29

Note that they do require you to file one as well if you have signatory authority over a foreign bank account.

Penalties for not filing your FBAR are rather severe as well.

So, beings I am on my husband's bank account, I need to file a FBAR-even if it's under 10k?

Hubby's CPA wants to see my Temp Resident info and my tax info (I haven't filed yet because I'm so confused) my hubby thinks to see if he can "claim" me. But, I can't be claimed by my hubby because that will mess up my own taxes and the deductions I can take. Isn't that right?

In US-if your spouse itemizes, so do you. So, my Canadian hubby's business and personal are all together and it's itemized out. So, now I have to itemize?

 

[Tullysgirl]

My partner had to mention his four step-brothers and step-sisters. He never lived with them and met them just a few times in his life, and he's 60! He didn't even know where some of them lived, but we drew the line at hiring a detective to find out! ;D

Good cow. There isn't even a question about the step-parents. LOL This is whacked!!

 

[computergeek]

So, beings I am on my husband's bank account, I need to file a FBAR-even if it's under 10k?

If it is a joint account, no. If you are a signatory on the account then yes (though these rules have been "in flux" for a while so you should confirm).

Hubby's CPA wants to see my Temp Resident info and my tax info (I haven't filed yet because I'm so confused) my hubby thinks to see if he can "claim" me. But, I can't be claimed by my hubby because that will mess up my own taxes and the deductions I can take. Isn't that right?

In US-if your spouse itemizes, so do you. So, my Canadian hubby's business and personal are all together and it's itemized out. So, now I have to itemize?

Canada does not have joint returns so the only thing you do is "cross reference" to your partner/spouse's return (name and SIN). It's quite a bit different than the US. It sounds like your return should be very simple to file.

 

[Tullysgirl]

If it is a joint account, no. If you are a signatory on the account then yes (though these rules have been "in flux" for a while so you should confirm).


Canada does not have joint returns so the only thing you do is "cross reference" to your partner/spouse's return (name and SIN). It's quite a bit different than the US. It sounds like your return should be very simple to file.

I sure hope so. When they ask for my hubby's SSN, and I'm using his SIN, will they know that he's not a U.S. citizen?

 

[tinytortoise]

I sure hope so. When they ask for my hubby's SSN, and I'm using his SIN, will they know that he's not a U.S. citizen?

I would leave it blank. if you are using an online program it will then ask if he is a US resident and just click no.

 

[IvanP]

So, beings I am on my husband's bank account, I need to file a FBAR-even if it's under 10k?

If the accounts for which you are a signatory exceed $10k at any point in the year - even if it's for only 10 minutes - you need to file. Be very careful with this because the penalties are severe (insanely, idiotically severe - you're might even be better off stealing a car). $10k is a crazy low amount.

 

[Spoken05]

Hi,

My husband and I just submitted our application. I wanted to be added on the spreadsheet

Visa Office: CPP Ottawa
Medicals done: 07/11/2012
Application sent: 14/03/2013
Application received as per tracking: 15/03/2013
AOR received (1st stage)
SA received (1st stage)
AOR received (2nd stage)

Thank you!

 

[Tullysgirl]

If the accounts for which you are a signatory exceed $10k at any point in the year - even if it's for only 10 minutes - you need to file. Be very careful with this because the penalties are severe (insanely, idiotically severe - you're might even be better off stealing a car). $10k is a crazy low amount.

LOL, well I'm safe then. Our acct never gets even CLOSE to 10k....not yet at least!