| FAQ Keyword |
2005 Tax Year |
Keyword: Permanent Resident
This is archived information that pertains only to the 2005 Tax Year. If you
are looking for information for the current tax year, go to the Tax Prep Help Area.
I am a U.S. citizen. If I move to Canada to live and work there
as a Canadian permanent resident, do I pay both U.S. and Canadian Taxes?
United States citizens living abroad are required to file annual U.S.
income tax returns and report their worldwide income if they meet the minimum
income filing requirements for their filing status and age. You must contact
the Canadian Government to determine whether you must file a Canadian tax
return and pay Canadian taxes. For the United States income tax return, you
will have several options available to you regarding claiming a foreign tax
credit or excluding some or all of your foreign earned income.
I am a Canadian citizen living and working in the U.S. for a U.S.
employer on a visa. Do I need to file both a U.S. tax return and a Canadian
tax return?
You must comply with both U.S. and Canadian filing requirements, if any.
In the United States, you generally are required to file a return if you have
income from the performance of personal services within the United States.
However, under certain circumstances, that income may be exempt from payment
of U.S. tax pursuant to the U.S.-Canada income tax treaty. You need to determine
what type of visa you have, and how that impacts your residency status in
the United States. If, based on the tax code and your visa status you are
treated as a U.S. resident, then your entitlement to treaty benefits will
be impacted. You must contact the Canadian government to determine whether
you must file a Canadian tax return and pay Canadian taxes.
Do I have to meet the 330-day presence test or have a valid working
resident visa to meet the requirement for foreign income exclusion?
To claim the foreign earned income exclusion, the foreign housing exclusion,
or the foreign housing deduction, you must have foreign earned income, your
tax home must be in a foreign country, and you must be one of the following:
- A U.S. citizen who is a bona fide resident of a foreign country or countries
for an uninterrupted period that includes an entire tax year,
- A U.S. resident alien who is a citizen or national of a country with which
the United States has an income tax treaty with a nondiscrimination article
in effect and who is a bona fide resident of a foreign country or countries
for an uninterrupted period that includes an entire tax year, or
- A U.S. citizen or a U.S. resident alien who is physically present in
a foreign country or countries for at least 330 full days during any period
of 12 consecutive months.
U.S. tax law does not specifically require a foreign resident visa or work
visa for this purpose, but you (must/should) comply with the other country's
laws.
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