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Canadian green card holder filing dual status tax return in US - need advice on my transition plan

I'm facing a somewhat complicated situation and would love some input on my plan for filing US taxes this year: I'm Canadian and relocated to the US in May 2022 on a TN visa. Even though I met the substantial presence test in 2022, I filed 1040NR and 540NR in the US/California using form 8833 (Canada/Tax treaty) and filed my Canadian resident tax return reporting my worldwide income to Canada. My reasoning was that I wasn't certain about staying in the US long-term and didn't want to cut ties with Canada after just working in the States for a short period. Jump to August 2023, my wife (also Canadian) and I received our green cards (finally!) - we initiated the application in March 2023 through her employer's sponsorship. We're considering declaring non-resident status in Canada later this year since my understanding is that green card holders should file 1040 or risk jeopardizing their green card status. We'd also benefit from some tax savings due to lower US tax rates. Here's my tentative plan (I've consulted with 2 US/Canada cross-border tax specialists - one thought this approach should work while the other wasn't completely confident): * Travel back to Canada in mid/late September and return to the US on October 1 (using October 1 as our departure date and first day as non-residents of Canada - thus filing Canadian tax resident return with worldwide income for January 1-September 30) * For US taxes, file a dual status tax return (filing 1040NR/540NR for January 1-September 30 with form 8833 reporting US-sourced income; then filing 1040/540 reporting worldwide income for October 1-December 31) * Sell my rented condo and aim to close by September 30 (there's approximately $270K capital gain that should be tax-free since it's been my principal residence from the beginning) * Close my TFSA and most Canadian bank accounts (keeping only accounts that serve non-residents in Canada); cancel OHIP (Ontario Health Insurance Plan) * From January 1, 2024 onward, we'll be US residents and Canadian non-residents Does this approach seem reasonable? I'd greatly appreciate any feedback or suggestions!

Another thing to consider with your plan: FBAR requirements for your Canadian accounts. As a green card holder, you'll need to file FinCEN Form 114 annually to report your foreign financial accounts if their aggregate value exceeds $10,000 at any point during the year. Also, be cautious with your TFSA. While it's tax-sheltered in Canada, the US doesn't recognize its tax-free status. Any income earned in your TFSA will be taxable on your US return, which is why closing it before becoming a US resident is a good move. Have you considered the implications for any Canadian retirement accounts like RRSPs? Under the treaty, you can defer US taxation on RRSPs, but you need to file Form 8891 to make this election.

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Thank you for bringing up these important points! I have about $35K combined in my Canadian accounts, so I'll definitely need to file the FBAR. You're right about the TFSA - that's exactly why I'm planning to close it before October. Regarding RRSPs, I do have about $80K in an RRSP. I wasn't aware of Form 8891 - does that need to be filed annually or just once?

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The good news is that Form 8891 was actually eliminated in 2014! The IRS now automatically recognizes the tax deferral for RRSPs under the US-Canada tax treaty without requiring a specific form. You'll still need to report the existence of the RRSP on your FBAR and potentially on Form 8938 (Statement of Foreign Financial Assets) if you meet the filing threshold, but the income can continue to grow tax-deferred. One other consideration for your plan: make sure you've researched any state-specific requirements. California, for example, doesn't always follow federal treatment of foreign income and may have different rules regarding your Canadian accounts and investments compared to federal regulations.

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Omar Fawaz

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Have you factored in potential "exit tax" implications when leaving Canada? If the fair market value of your worldwide assets exceeds CAD $1.6 million at the time you become a non-resident, you might be subject to a deemed disposition of your property, potentially creating additional tax liability.

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Chloe Martin

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This is incorrect information. Canada doesn't have an "exit tax" in the same way as the US. What Canada has is a deemed disposition rule where certain properties are treated as if they were sold at fair market value when you cease Canadian residency. However, this typically doesn't apply to cash, personal-use property, most registered plans like RRSPs, and certain real property located in Canada.

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Thanks for bringing this up. I've been concerned about this potential issue. My total assets are around CAD $1.3 million, so I should be under that threshold. Most of my assets are either in my RRSP, cash, or the condo which I'm planning to sell before becoming a non-resident. Would there be any other assets I should be concerned about for the deemed disposition rules?

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Just wanted to add something important that nobody has mentioned yet. If you do file late and end up owing money, you might want to look into an IRS payment plan. They'll usually work with you, especially if you've been filing and paying on time since then. The online payment agreement on IRS.gov is pretty easy to set up. Also, definitely keep copies of EVERYTHING - your wage transcript, the Form 4852, any communications with the IRS, and your filed return. You might need to reference them later, especially if questions come up about that tax year.

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Thanks for mentioning this! Do you know if setting up a payment plan affects your credit score? And is there a minimum amount I have to pay monthly or can I set it to whatever I can afford?

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Setting up an IRS payment plan generally doesn't directly affect your credit score - the IRS doesn't report to credit bureaus like a normal lender would. However, if you fail to pay and the IRS files a tax lien, that WILL hurt your credit. So the payment plan actually helps protect your credit by preventing more serious collection actions. For monthly payment amounts, it depends on how much you owe. For debts under $10,000, you can pretty much set your own monthly payment as long as you can pay off the full amount within 3 years. For larger amounts, the IRS may want financial information to determine what you can afford. They're surprisingly reasonable about this - they'd rather get paid slowly than not at all.

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Paolo Marino

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I'm surprised nobody mentioned checking your Social Security earnings record! Go to ssa.gov and create an account if you don't have one. Your earnings history will show how much was reported to Social Security for each year, including 2017. It won't have tax withholding info, but at least you'll know the total wages that were reported for you that year. That can be super helpful when filling out Form 4852.

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Amina Bah

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This is actually brilliant advice. I had a similar situation (though not as old) and the Social Security earnings record was spot on. Combined with the IRS transcript it gave me everything I needed!

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Concerned about how to properly handle Married Filing Separately in our community property state

Hey everyone, I need some advice about how my wife and I filed our taxes this year. We're in a community property state and have been married for about 10 years now. The situation: My spouse has student loans from before our marriage and is working through the PSLF program with income-based payments. To keep her payments manageable, we've been filing separately. Last year was our first time filing separately. We went to one of those big tax preparation chains, and they made it pretty straightforward. My wife claimed our kid, and everything went smoothly. This year though, things got confusing. My wife used one of those free filing websites recommended by the IRS. During the process, she filled out Form 8958 but only included her own income and withholdings on it. Her return looks basically the same as last year's. When I went to the same tax chain we used before, the preparer did something completely different. They took both our incomes and withholdings, split everything 50/50, and said that's how it should be done in a community property state. But this approach makes my return look totally different from last year's. My wife says she's not changing her return since it's already filed. When I asked the preparer about amending mine to match my wife's approach, they said, "The way we did it is correct, but we'll file however you want." I really don't want any problems with the IRS. Should I: 1. Leave my return as the preparer did it (splitting our income 50/50), even though it's different from my wife's approach and different from last year 2. Amend my return to match my wife's approach (only reporting my income), which would increase my refund and be consistent with last year I'm really confused about the right way to handle community property for married filing separately. Help!

Carmen Ortiz

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I'm also in a community property state (Arizona) and had this exact issue with my husband. Here's what we found out after consulting with a CPA who specializes in this area: 1. For community property states, the legally correct way is indeed to split all community income 50/50 on Form 8958 2. For PSLF purposes, this often creates a problem because even though you're filing separately, your spouse's income effectively gets counted in your AGI 3. Some tax preparers (especially chain preparers) don't understand these special rules well What we ultimately did was hire a CPA who specialized in student loan issues to help us identify which of our income was truly separate property vs. community property. There were actually several things we could legally classify as separate property, which helped minimize the impact. Whatever you decide, just make sure both returns are consistent with each other. The biggest red flag for the IRS is when spouses in community property states report inconsistently on MFS returns.

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Zara Ahmed

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Thank you for sharing! Did you and your spouse both use the same CPA so they could coordinate both of your returns? And did you have any issues with previous years where you might have filed inconsistently?

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Carmen Ortiz

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Yes, we definitely used the same CPA for both returns to ensure consistency. That was key to making sure our community property allocations matched up perfectly. Regarding previous years, we had indeed filed inconsistently for two years (similar to your situation). Our CPA advised that we could either amend those previous returns or simply start filing correctly going forward. Since the difference in our case wasn't enormous and we hadn't been audited, we chose to just file correctly going forward rather than opening up old returns. The CPA mentioned that the statute of limitations for most returns is 3 years, so after that time passes, your risk decreases significantly.

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Speaking from personal experience in Texas (another community property state), you really need to be careful here. My wife and I did something similar - she reported only her income, I reported only mine - and we got letters from the IRS about two years later. We ended up having to amend both returns and pay some penalties and interest. The IRS specifically cited our failure to properly allocate community income on Form 8958. If I were you, I'd strongly consider: 1. Having your wife amend her return to properly split community income 2. Filing your return correctly (as the preparer suggests) 3. At minimum, making sure both returns use the SAME methodology The inconsistency between your returns is more likely to trigger questions than both of you doing it the same way, even if that way isn't technically correct.

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How much were the penalties? Was it worth the savings you got on the student loans during that time or did it completely wipe that out?

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Freya Ross

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22 Just to add another perspective - I'm an accountant and see this situation all the time. The IRS doesn't care if you only did one job or a hundred jobs - income outside of a W-2 employment relationship is considered self-employment income and needs to be reported on Schedule C. The threshold for the payer to issue a 1099-NEC is $600, but your obligation to report income exists regardless of whether proper documentation was provided to you. The IRS considers ALL income taxable unless specifically excluded by law. One thing to consider: since this is over $400 net income, you'll also need to pay self-employment tax on it (the SE tax threshold is lower than the income tax threshold). Make sure you complete Schedule SE along with your Schedule C.

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Freya Ross

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3 Is there any minimum amount for self-employment? Like if someone paid me $50 to mow their lawn once, do I still need to report that? It seems excessive to file all these extra forms for tiny amounts.

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Freya Ross

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22 The technical answer is that if your net earnings from self-employment are $400 or more, you're required to report the income and pay self-employment tax. Below that threshold, you still technically need to report the income on your tax return, but you wouldn't have to pay self-employment tax or file Schedule SE. For very small amounts like $50 from a one-time lawn mowing job, the practical reality is that it's unlikely to create issues if not reported. However, the letter of the law says all income should be reported regardless of amount. As amounts get larger (like the $3,800 mentioned in the original post), the importance of proper reporting increases significantly both for compliance reasons and because the IRS is more likely to notice larger unreported amounts.

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Freya Ross

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11 FYI - I'm a freelance coder and tax preparation software doesn't always handle one-time self-employment situations well. They often try to categorize you as either "fully employed" or "fully self-employed" which creates confusion. If using software like TurboTax or H&R Block, make sure you enter this under "additional income" or "self-employment income" rather than trying to create a whole business entity. You'll need to complete a Schedule C regardless of how small the job was. The important thing is reporting the income correctly - not necessarily fitting into their pre-defined categories. And don't forget about state taxes too! Many states also require you to report self-employment income separately.

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Freya Ross

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2 Which tax software do you think handles this situation best? I'm in a similar boat with just one small freelance project this year.

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Paolo Ricci

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Regarding your original question about pricing - location makes a HUGE difference. I own small businesses in both rural Minnesota and Chicago, and I pay nearly double for the same tax services in Chicago. My rural accountant charges $1,800 for annual tax prep for my sole proprietorship plus one rental property, and quarterly planning is an additional $1,200 annually. My Chicago accountant charges $3,400 for similar tax prep and $2,200 for quarterly planning for a business of similar size and complexity. Both provide good service, but the price difference is significant just based on location. Might be worth getting quotes from firms slightly outside your immediate metro area if you're in a high-cost location.

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Amina Toure

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Do you find any difference in quality between your rural vs city accountant? I'm wondering if paying more actually gets you better service or tax savings?

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Paolo Ricci

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Honestly, my rural accountant is more attentive and responsive - probably because she has fewer clients overall. The Chicago firm has more specialized expertise in certain areas (particularly for e-commerce tax issues), but for day-to-day service and general tax matters, the rural accountant provides better value. The big difference is that the Chicago firm has more specialists under one roof, so if I have a very specific tax situation, they can usually handle it in-house. With my rural accountant, she occasionally needs to bring in outside expertise for complex situations. But for standard business tax planning and preparation, I haven't found that paying more necessarily results in better service or outcomes.

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One thing nobody has mentioned - look beyond just CPAs. I use an Enrolled Agent (EA) for my business taxes and pay MUCH less than the CPA quotes I got. EAs specialize in taxation and have to pass rigorous IRS testing. Mine charges $1,800 for comprehensive planning and preparation for my LLC and personal returns. The biggest firms with fancy offices and lots of staff will always charge premium rates. A solo practitioner EA or CPA with low overhead can offer the same quality service at a fraction of the cost. Just make sure they have experience with your specific business type.

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How do you find a good EA? Is there a directory or certification board? I've only ever used CPAs and H&R Block type places.

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You can find qualified EAs through the National Association of Enrolled Agents website (NAEA.org) - they have a directory searchable by location and specialization. I found mine through a business owner networking group, which was great because I got to hear about direct experiences from other small business owners. When interviewing potential EAs, ask about their experience with your specific industry and business structure. A good EA should be able to discuss relevant deductions and planning strategies in your initial consultation. Also check if they offer audit representation (most do, it's a core part of their expertise). The right EA can provide the same level of tax expertise as a CPA, often with more specialized tax knowledge and lower fees since they focus specifically on taxation rather than broader accounting services.

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