Form 8840

Taxes. Likely not a surprise but among all 61 provinces and states in Canada and the United States, the highest combined personal income tax rates in North America are in the 10 Canadian provinces. Canada has a progressive system that really kicks in as income goes up. Someone with income over $200,000 CAD in Ontario would pay the province’s combined top tax rate of 53.53%. The top rate in New York is lower at 45.82% and that rate doesn’t kick in until income goes over $1 million USD.

It is a bit of a shock when the government leaves you with less than half of your income after tax. It would be even worse if, as a Canadian snowbird, you had to pay taxes in both Canada and the United States.

We carefully track our time in the United States as overstaying our welcome can result in being deemed a U.S. resident for tax purposes. We would be required to pay taxes in the United States even though we are not U.S. citizens. There are other issues with overstaying and with new systems in place at the border all Canadian snowbirds should be careful to track their days and respect applicable tax and immigration laws.

The IRS uses an odd and confusing test to determine whether a Canadian snowbird should be considered a U.S. resident for tax purposes. If you spend 31 days in the U.S. in the current calendar year and 183 days during the three-year period covering the current calendar year and the two preceding calendar years on a weighted basis then you may be taxed. To arrive at the three-year total you have to add all of the days spent in the current calendar year plus one-third of the days spent in the preceding year plus one-sixth of the days spent in the U.S. in the year prior to that.

Much easier to use this U.S. Residency Calculator from the Snowbird Advisor website.

Our result:

Uh oh. We may be considered a U.S. resident for tax purposes.

To avoid being taxed in both countries, we need to file a Form 8840 Closer Connection Exception Statement for Aliens. You can download that form over here.

It is a short questionnaire which determines whether you have a closer connection to your home country.

Questions cover the following:

  • Where your permanent home is
  • Where you keep your belongings
  • Where your family lives
  • Where you’re registered to vote
  • Where your drivers license was issued
  • Were your banking and financial accounts are located
  • Where you’re covered by a government health plan

You can continue to enjoy up to 6 months in the United States year after year as a Canadian snowbird provided you file the 8840 form prior to June 15 in the year following the year in which you qualified as a U.S. resident for tax purposes. If you fail to file on time, you may be considered a U.S resident for tax purposes and subject to other penalties.

We completed our forms this past week-end and we will send them on their way today. One form for me. One for Lorraine. Two separate envelopes, one for each form. Copies on file in the coach.

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