US Canada Tax ...
 

Hey everyone,

I'm sure one or more people have been in this situation so maybe someone can provide advice?

My wife, who is Canadian by birth, left Canada for a permanent job in the US in March of last year and it is her intention to apply for a green card and remain in the US indefinitely. I'm British and have only ever been a TFW in Canada. My status expired later in 2015 (I was simply a visitor for the last two months) and at the end of December I also moved to the US ... it took me a while to find work.

Should my wife consider herself as a factual resident of Canada for the whole of last year on the basis that I remained in Canada while looking for a job in the US? I can see how this might be the case if I was a Canadian permanent resident, but as only a temporary resident I feel that my wife was more strongly associated with the US... however I can't see a specific Canadian gov advisory for this case.

Thanks for thoughts!

Re: US Canada Tax ...
 

IMO from what you have said I believe she was a factual resident until March last year. I am pretty sure the IRS will consider her resident in the US from then.

Re: US Canada Tax ...
 

@JonboyE ... yes, that's what I'd like to think too. My wife looked at the example scenario on the Canada Rev (Factual residents - Temporarily outside of Canada) website and provisionally filled out her Canada tax form as if she was a factual resident for the whole year with her US taxes entered as a foreign tax credit for the 9 months she was in Michigan. This result was a $7,000 bill in Ufile (which she hasn't filed yet) ... ouch.

Re: US Canada Tax ...
 

She is not temporarily out of Canada is she has left for what she intends to be an indefinite period.