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Immigration rules and taxation rules: two distinct sets of rules

Posted date : Nov 13, 2017

Dear Bird Talk, I’ve read with interest the various letters to Bird Talk in issue 94 of CSANews. The clear, definitive answers to the various questions are very helpful…almost. I say almost, because I wonder if you’re doing members a disservice with such emphatic answers without stating upon which rules you are basing your answers. […]

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Date of submission of Form 8840

Posted date : Nov 13, 2017

Dear Bird Talk, There have been many questions regarding the wisdom of submitting a form 8840 to the IRS and it certainly makes sense to do this. Would you please provide clarification on two points? First, we are assuming that both my wife and I must submit separate forms. Is this correct? Second, can these […]

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Snowbird/Retiree Visa

Posted date : Nov 13, 2017

Dear Bird Talk, I recently received a newsletter from Moody’s Gartner stating that the proposed “snowbird visa” legislation to increase the amount of time which snowbirds can spend in the U.S. is a potential “tax bomb,” as the “day count” for the purposes of the snowbird visa is different than the day count for tax […]

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Subtracting Time From Six Months

Posted date : Nov 13, 2017

I sit in dismay, having read your response re: subtracting time from six months. You say that a fewer-than-30-day return to Canada cannot be subtracted when calculating total days allowed in the U.S. We have spent three to six months every year since 1994, always coming home for Xmas. Our time was not always the […]

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Canadian Goverment Health Benefits and Form 8840

Posted date : Nov 13, 2017

Dear Bird Talk, Regarding the suspension of government health benefits ,” how would they know if I was away or home if I don’t go to the clinic for two years or whenever? Next, if I fill out the 8840 form, does that allow me to stay longer? Ron Wiltshire Miniota, MB Response: Ed: Big […]

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Exceeding 182 days for medical reasons

Posted date : Nov 7, 2017

Dear Bird Talk, Similar to many other Canadian Snowbirds, my wife and I spend 179-180 days in the U.S. every winter, saving 2 or 3 days in case something unforeseen should happen, so as not to exceed the 182 days allowed by the B2 visa. Since Canadian and U.S. border services now share or will […]

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For potential eight-month stay in U.S., will IRS still restrict to 183 days?

Posted date : Nov 6, 2017

Dear Bird Talk, I understand that the eight-month option is before congress again, but I was told by someone that it will only apply to immigration and not to IRS. IRS will still restrict us to 183 days. Does not seem to make sense. Do you have any comment on that? Joseph Hanzelka Oshawa, ON […]

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Days in U.S. and Form 8840 specifications

Posted date : Nov 6, 2017

Dear Bird Talk, Please advise. If I wish to stay in the U.S. for 150 days every year, am I allowed to do that? And if I file form 8840 every year accordingly, do I still have to pay U.S. income tax on worldwide income? (This is assuming that I earn no income whatsoever in […]

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IRS Form 8840

Posted date : Nov 4, 2017

We have filed 8840 forms for a number of years now, having no U.S. income to declare. In Dec. 2016, my lucky wife won a jackpot in a Nevada casino and, of course, they withheld 30%. In Jan. 2017, she filed a U.S. tax return with an ITIN number, again with no other U.S. income […]

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Repercussions from not filing the 8840 form

Posted date : Nov 4, 2017

Dear Bird Talk, I recently found out about the 180-day time permitted in the U.S. We are Canadian citizens who own property in the U.S. and we spend an average of about six months per year (three winter, three summer). However, we were unaware of this Form 8840 Closer Connection to Canada until two weeks […]

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