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Filed: Timeline
Posted

I received my conditional visa in April of this year. My mother died in Canada last year so have been dealing with her estate as an executor during my visa process. The estate lawyer has now told me that since I have become a permanent resident they must hold back twenty five percent of my inheritance for something called compliance. I am wondering if this actually applies when I am only here on a conditional visa.

Posted

It has to do with the fact that you're no longer a Canadian resident. Here is something on it: http://mti-cga.com/wp-content/uploads/2012/05/DISPOSITION-OF-A-CANADIAN-REAL-PROPERTY-BY-NON-RESIDENT-VENDORS.pdf

This link seems to be for selling property as a non-resident. Is that what you're doing , OP?

Posted (edited)

I received my conditional visa in April of this year. My mother died in Canada last year so have been dealing with her estate as an executor during my visa process. The estate lawyer has now told me that since I have become a permanent resident they must hold back twenty five percent of my inheritance for something called compliance. I am wondering if this actually applies when I am only here on a conditional visa.

I think it means that 25% is held back in case there are any taxes that your Mom's estate may owe. If there was property to sell or whatever, there is likely a final Canadian tax return to be filed. Once the Canadian Revenue says okay we got everything due us from Mom, then the holdback can be released to you (minus anything that might have been used to settle up with Canada.)

You, as an American taxpayer, would not be taxed on the inheritance by the IRS unless it was over around 5 million. Your part is following IRS rules on inheritance. If after inheriting you made gains or interest/dividends on the money, that income is taxable. Example-- the day mom died she had stock or a property valued at $100,000 which you "inherited" that day. . It eventually got sold for $105,000 and the money transferred to you. You had a "gain'" of $5000. Of course the legal fees and costs to sell could reduce what you would have to claim as a gain.

Edited by Nich-Nick

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

  • 1 month later...
Posted

Hi there,

Was wondering what about those Green card holders who are from other countries? Will there be taxes imposed for inheritance of foreign properties?

Thanks Nich-Nick for the info!

Removal of Conditions I-751

29 December 2017 - ROC Filing Opening Date (Expiry 29 Mar 2018)

29 December 2017 - I-751 Priority Mail shipped to VSC

2 January 2018 - Package delivered

8 January 2018 - Check cashed in

11 January 2018 - NOA received (DATE of NOA: 3 JAN 2018)

22 January 2018 - Biometrics Appointment letter received

30 January 2018 - Biometrics Appointment

11 August 2018 - 18 Months extension received (Exp on Sept 2019)

8 April 2019 - I751 Approved

12 April 2019 - NOA and greencard received

 

Help us all by updating your Timeline and Profile!:D

1. Click on your blue nickname on top right corner, there will be a dropdown menu> My Timeline > Edit/Add My Entry.

2. Click on your blue nickname at top right corner, dropdown menu > Account Settings > Profile > Edit Profile (Black button) > change your Filed for and Location.

3. If you would like to update your signature, click on your blue nickname on top right corner, dropdown menu> Account Settings > Left menu click on Signature.

IMPT: If you change address, DO NOT FORGET TO fill up AR-11 Online,for your USC Spouse, fill up I-865! 

 
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