US green card - keep it or lose it?

[anicas_stash]

I got my green card in Dec. 2012 but have stayed in Canada, making trips to New York every 5-6 months. I am a Canadian citizen with a good job in Mississauga, ON and a mortgage to pay. I am single with no kids. My mom petitioned for me to get a green card but it's so hard to find a job there as per a job search seminar that I attended in Queens, NY a few months ago. I have a US social security number and bank account but have kept my ON driver's license. I hope someone in this forum can help me with some questions:

- Do I need to stay a certain # of days or months every year in the US to maintain my green card?
- I know that I need to file a yearly US tax return. Do I need to start filing for the 2013 tax year or for 2014?
- I called TaxWide and was informed that they charge $200 for preparing a US tax return and $50 for a Canadian tax return. Do you know any other accountant or tax preparation service that charges less for US returns?
- Do you know a cross-border financial planning professional who can help me understand the implications of moving permanently to the US in case job prospects there improve?

Thanks for your help and any other information that you can provide.

[tjthemanto]

I got my green card in Dec. 2012 but have stayed in Canada, making trips to New York every 5-6 months. I am a Canadian citizen with a good job in Mississauga, ON and a mortgage to pay. I am single with no kids. My mom petitioned for me to get a green card but it's so hard to find a job there as per a job search seminar that I attended in Queens, NY a few months ago. I have a US social security number and bank account but have kept my ON driver's license. I hope someone in this forum can help me with some questions:

- Do I need to stay a certain # of days or months every year in the US to maintain my green card?
- I know that I need to file a yearly US tax return. Do I need to start filing for the 2013 tax year or for 2014?
- I called TaxWide and was informed that they charge $200 for preparing a US tax return and $50 for a Canadian tax return. Do you know any other accountant or tax preparation service that charges less for US returns?
- Do you know a cross-border financial planning professional who can help me understand the implications of moving permanently to the US in case job prospects there improve?

Thanks for your help and any other information that you can provide.

http://www.hooyou.com/i-485/MaintainlegalPRS.html

1. no there is no minimum days you have to stay every year to maintain your green card..during your yearly visit . But your intent to live in US might be questioned at their own discretion, if they feel that you have no strong ties to US and have a green card only for convenience.

They might question this intent irrespective of whether you live their just 1 day each year or 1 month each year at their own discretion and revoke your GC accordingly.

2. yes you will have to file the 2013 tax return for US as their taxation is based on citizenship or permanent resident card ( GC )..so the day you become a GC holder you have to file it , irrespective of where in the world you reside.

3. Canada and US have a Double Taxation Avoidance Agreement ( DTAA )..so most average canadians who are GC holders and file taxes with CRA won't really owe anything to the US IRS.

The taxes to the US IRS are usually zero or negligible for most canadians , but what's huge are the penalties for not filing the US IRS taxes.

$ 200 might feel like a large amt , but in case you don't file or don't file on time , the penalties could be much higher !

The only way to save these 200 bucks is to do it on your own , if you can..otherwise 200 bucks is reasonable as very few people will do it for less than as it involves cross border taxation and filing.

Should be a standard fee quoted by most tax guys.

My Advice is since this is the first year or first time for you filing the US taxes , you might as well bite the bullet and not take any chances and pay the 200 bucks and get it doe thru a professional. Once you know the process and get a hang of it , maybe you can do it on your own from next year and save the 200 bucks

[Ciel]

To determine if you have to file a US return, there is a link:
http://www.irs.gov/uac/Do-I-Need-to-...-Tax-Return%3F

You are Canadian so you have to file your Canadian return for certain.

Green card link-from US Citizenship & Immgration Services:
One of the responsibilities of being a Permanent Resident (green cardholder) is filing a US tax return-
http://www.uscis.gov/green-card/afte...anent-resident

http://www.uscis.gov/green-card/afte...nent-residence

Did you do a 2012 US tax return in 2013? If not, you probably should get that done first, then tackle the 2013 US tax return once your 2013 Cdn tax return is done.

As I have never had a green card-is this card worth holding on to since job prospects are not good in NY state (you did not indicate if you are using the card to pursue opportunities elsewhere in US)? If you should open any bank accounts in Canada after the banks have to ask if you are a US person, the green card is going to oblige you to say yes.

Invest some time visiting the IRS site and see which forms you can print off to do your tax return.
http://www.irs.gov/Forms-&-Pubs

[Shwa Girl]

My vote?
Keep it!
Some would be so envious of you being able to work in the US OR in Canada.

[anicas_stash]

Thanks for your advice and comments, everyone. I will check the links and info provided.

[Dayanara]

My hubby is American and we have to file his US taxes every year even though he doesn't work down there. Silly, but you gotta do what you gotta do.

We went with H&R block to file them he first year he was here because we were clueless on what to do. We now just do it ourselves. If you only have Canadian income it is EXTREMELY straight forward. Just fill out the worldwide income portion and sign really. If you want more detailed just send me a PM and I will pull out one of his past years and explain the sections needed. That is all we do every year, copy what we did the year before and send.

[brunt]

1. no there is no minimum days you have to stay every year to maintain your green card..during your yearly visit . But your intent to live in US might be questioned at their own discretion, if they feel that you have no strong ties to US and have a green card only for convenience.

They might question this intent irrespective of whether you live their just 1 day each year or 1 month each year at their own discretion and revoke your GC accordingly.

This is key. You appear to have no intention to live in the US, so they will revoke your Green Card once this fact is clear to them.

It's not intended to be an "in case I want to move to the US at some point in the future" thing. It's a "I want to be a full-time resident for the foreseeable future" thing.

Not chewing you out, just stating the facts.

Now, if you have a university degree in certain areas, it may be far easier and cheaper to get a TN permit instead. All you need is a job offer, $50 or so and apply at the border. Easy as pie.

[Ciel]

http://www.thestar.com/business/pers..._roseman.html#

The decision to give up U.S. citizenship is easier for younger people, since it relieves them of years of future tax reporting. It makes less sense for those in their 60s, 70s or 80s.

Even people who have spent most of their lives in Canada can be considered U.S. citizens with tax obligations, Chang explains.

“It’s possible that a person born in Canada who has an American parent can be subject to unpaid taxes and fines,” she says. “People who are unaware that they are U.S. citizens may be in for a surprise. Penalties for not filing can be up to $10,000 per form.”

With the FATCA implementation date just months away, caution is key. Please check with a lawyer or accountant specializing in cross-border issues if you are related to a U.S. citizen, since you may have tax filing duties to the IRS.

[lucy16076]

They might question this intent irrespective of whether you live their just 1 day each year or 1 month each year at their own discretion and revoke your GC accordingly.
...this is true. One day when you cross into the U.S they may take your card then & there....and if they want to, they can make it very difficult for you to return to the U.S in the future, the worst case scenario being an "exclusion order" .... not sure if this is what they call it in the U.S but we call it that here if we find "illegals." Yes, I work in this industry. My only suggestion would be to go carefully with your decision. Ask the appropriate people for the answers to your questions ... ie U.S Border Patrol & Immigration....opinions of others not in the field may not be accurate. I'd hate to see you excluded from being able to visit your family in the U.S. over something silly such as this....be honest & up front. Just my 2 cents...

[tjthemanto]

US tax laws are also different .

They tax based on Citizenship/Green card on world wide income and not on residency.

Canada taxes you based on residency and not on Canadina citizenship