Ugh, I need a rant...

[Lakehouse 293]

Something you will need to keep in mind with regards to your 'foreign' (ie Canadian) accounts and moving money to the US: Every year that you have more than $10,000 in combined financial assets (excluding retirement pensions funds) you are required by the US government to file a document known as a FBAR - Report of Foreign Bank and Financial Accounts. [...]

So, just so you are not taken by unwelcome surprise by more US paperwork :-).

Yes, thank you so much for expanding on the issue. I have planned in great detail and am fortunately aware of the numerous restrictions and claim requirements and tax implications for the investments and pensions and funds I have.

It never hurts to hear things more than once, as there is always something to be learned on such complex issues.

[pro_star 52]

American tax is a gong show.

Covered the desk of an assistant to a tax lawyer for about six weeks - he's got dual citizenship.

You know it's bad when a TAX LAWYER gets frustrated and confused with filing his us taxes. (Yeah he gets a third party to handle it...)

Which reminds me, ladies and gentlemen, I'm going to be asking the tax lawyers at my firm about the "exit" tax return, if anyone has any specific questions about that, let me know. This is for our last CANADIAN tax return, as the lawyers in question practice Canadian tax law.

[Kathryn41 3,205]

Your 'exit' return for Canada is actually pretty straight forward. You use the same form you would use if you were still living in Canada, list the date that you physically left Canada and calculate your tax information based upon that date unless you continued to have taxable or tax creditable circumstances (ie stocks, etc.) remaining in Canada. You can claim a partial year credit if you had additional income in the US from non-Canadian sources, or if you did not work in Canada and your sole source of income for the whole year was your Canadian based income, then you can claim a whole year's worth of tax credits. You need to write a letter requesting them. You then file everything with the International Tax Office instead of the one you used to use. Unfortunately, it usually takes them longer to process your taxes than when you still lived in Canada.

There is a great booklet from CRA about how to do your final Canadian tax return: http://www.cra-arc.gc.ca/E/pub/tg/t4056/README.html

The most important thing to remember is that Canada taxes on residency while the US taxes on citizenship and/or residency.

Edited June 16, 2014 by Kathryn41

[NikLR 13,232]

I got significantly less than I thought I would in my Canadian tax return but it was okay. It was better than owing anything.

[awkwardsoul 20]

Ewwww! I got out of my Telus contract (internet) due to moving, which was great! They even brought it up that I won't be charged any cancellation fees.

For Bell, I did not pay $500 thats for sure, more like $200. I left BC in 2012.

[Lights 56]

Lights, what's that? (in bold)

Sorry to learn your offer fell through. The next buyer is on their way..... !!!

Sorry, I didn't see this quoted until now! Krikit explained it better than I could've. My lawyer and accountants (both dual) advised me that I was in the clear for not having to pay taxes on my primary residence. I understand in internally, but not sure how to explain it out loud. I also have a power of attorney for signatures.

Boo to that Lights!! I'm hoping it goes soon! I know your pain.

Thank you! I live on the West side of Vancouver... borderline Kits area. It's not downtown but it's close to the beach. It shouldn't take much longer to go, so I'm not worried On to the next!!! This buy was a bit of a pain as well... very unrealistic and low-balled offer another listing in my building. So, I can't dwell on them.

The person you spoke with at CRA didn't quite get it right. Capital gains do not apply if the property was your principal residence prior to emmigration. Your lawyer will request a Certificate of Compliance from Revenue Canada because you will be deemed a non-resident when you leave the country prior to the closing date. RC will do an audit then either send a letter requesting payment of back taxes or forward the Certificate of Compliance. There will be no taxes paid on the sale of the home if it was your principal residence at time of sale. Therefore, there is no disclosure of the sale required on your taxes and no taxes payable on capital gains.

So here is what will happen:

• You sign the contract on the sale of the house.
• You go to your lawyer, explain the situation, he/she will explain the process, then request a Certificate of Compliance from Revenue Canada.
• Revenue Canada will revue your taxes and either send a letter of compliance or submit a letter of taxes owing.
• 30% of the purchase price is withheld in escrow until the lawyer receives an all-clear letter from Revenue Canada. Any outstanding amounts payable will be deducted from those funds prior to RC issuing the release document.
• You go back to your lawyer, sign the closing documents, and give them the keys to the house.
• You move to the US.
• The house closes and the lawyer receives the payment. He/she pays off what's outstanding, takes their cut, then sends you the rest.

Note: It could be 25%, and not 30%, of the purchase price which is held in escrow. I am fuzzy on the exact percentage at the moment. The Certificate of Compliance process takes about two weeks.

You explained it better than I could've

[Lakehouse 293]

So I did NOT expect to need to rant.... however, I received an email today from the consulate requesting the following information:

In reference to your immigrant visa application, please bring the following documents on the day of the interview:

- Original and photocopy of your previous spouse death certificate, 'xxx'

The certificate has to be issued by the Canadian government registrar office www.etatcivil.gouv.qc.ca

Well! I have the Funeral Director's statement of Death, and that's all I've ever needed in the past 4 years. Suddenly I need a certificate from a Quebec Government office? Never mind that even after I apply, it takes 3-10 days for them to process it, and additional days for mailing it to me! My interview is in 12 business days!

Holy Shmoly! I have to phone them tomorrow and figure this out.

Has anyone else required this certificate or dealt with this govt location?

Edited June 18, 2014 by Lakehouse

[pro_star 52]

Request it tomorrow. Email them. They won't adjudicate over email - but it's worth a try.

There's two steps when you have your interview. First person you talk to just takes and organizes your info. The second person actually adjudicates. And it's in their discretion. So they may look at your funeral director document and decide that's sufficient. Worse case they rfe you and you send it in as soon as you get it. Either way, just a speed bump. Not the end of the world.

Hugs.

[Lakehouse 293]

Thanks for the hug. I'm pretty frustrated at the moment, but I'll manage:) Just one more bloody expense! lol

[pro_star 52]

Hey I know that. I had the first person say my police report wasn't up to par cause it was just my first and last name - middle name wasn't searched...but the adjudicator guy said it was fine...and didn't rfe me (thank goodness). So who knows. You may get away with not having it. But it's best to request it anyway.

Was your hubs from Quebec? I would have thought birth/death would be under provincial powers...not federal.

[Kathryn41 3,205]

So I did NOT expect to need to rant.... however, I received an email today from the consulate requesting the following information:

In reference to your immigrant visa application, please bring the following documents on the day of the interview:

- Original and photocopy of your previous spouse death certificate, 'xxx'

The certificate has to be issued by the Canadian government registrar office www.etatcivil.gouv.qc.ca

Well! I have the Funeral Director's statement of Death, and that's all I've ever needed in the past 4 years. Suddenly I need a certificate from a Quebec Government office? Never mind that even after I apply, it takes 3-10 days for them to process it, and additional days for mailing it to me! My interview is in 12 business days!

Holy Shmoly! I have to phone them tomorrow and figure this out.

Has anyone else required this certificate or dealt with this govt location?

Interesting that US immigration requires the official government certificate since, as you said, the Funeral Director's Certificate of Death is all that is required for everything else. Even the Canadian government accepts the Funeral Director's Certificate of Death for all official purposes.

So, go ahead and request if and if you haven't received it by the time of your interview take along everything that you do have for your husbands death, the certificate, a published obituary, if you had a funeral service then perhaps a copy of the program, etc. It may be enough to allow the officer that day to provisionally approve you just waiting on the receipt of the 'official' death certificate and you won't be left 'hanging'.

Good luck

[Krikit 1,165]

I agree, bring everything and see if the officer is happy with that. I brought the original death certificate because that is what they asked for. You're also going to need it for any further stages in the process so you may as well get it now. Worst case scenario is that they will approve the visa pending receipt of the documents.

[Lakehouse 293]

Thank you all for your advice on the matter, I'm about to get on the phone and sort out obtaining this document.

Hey I know that. I had the first person say my police report wasn't up to par cause it was just my first and last name - middle name wasn't searched...but the adjudicator guy said it was fine...and didn't rfe me (thank goodness). So who knows. You may get away with not having it. But it's best to request it anyway.

Was your hubs from Quebec? I would have thought birth/death would be under provincial powers...not federal.

No, he wasn't from Quebec, nor did either of us ever live there.

Interesting that US immigration requires the official government certificate since, as you said, the Funeral Director's Certificate of Death is all that is required for everything else. Even the Canadian government accepts the Funeral Director's Certificate of Death for all official purposes.

So, go ahead and request if and if you haven't received it by the time of your interview take along everything that you do have for your husbands death, the certificate, a published obituary, if you had a funeral service then perhaps a copy of the program, etc. It may be enough to allow the officer that day to provisionally approve you just waiting on the receipt of the 'official' death certificate and you won't be left 'hanging'.

Good luck

Thanks. There is only the certificate, as we did not publish an obituary nor have a funeral service, just his brother/my mother/and I attended a cremation at the Funeral home. There is misc paperwork such as CPP/death benefit, and other pension/work information that I can bring.

I agree, bring everything and see if the officer is happy with that. I brought the original death certificate because that is what they asked for. You're also going to need it for any further stages in the process so you may as well get it now. Worst case scenario is that they will approve the visa pending receipt of the documents.

I'm surprised you say I may need it for future stages/ processes. I wouldn't have thought there would be anything else... do you have any comments on what those processes may be?

[Jen and Mikey 13]

I didn't read all the replies, but when I was coming here I called Rogers (I know it's not Bell... but) I needed to cancel my cell contract. Because I was moving away to get married, they grant a no charge for canceling, because it's kind of out of your hands.

There service isn't where you're moving to, so they let it slide. Only thing that needed to be done is you had to prove that you were moving and getting married. ie Send a copy of marriage license or something that shows you that you've moved out of their service area.

If I were you I'd call them back and speak to their supervisors supervisor and see if something can be done like that.... you may also have gotten someone who really doesn't care... I've worked at a call center and there are plenty of people who don't care about the consumer and just want them off the phone.

[Krikit 1,165]

I'm surprised you say I may need it for future stages/ processes. I wouldn't have thought there would be anything else... do you have any comments on what those processes may be?

An example would be naturalization:

http://www.uscis.gov/sites/default/files/files/article/attachments.pdf