Re-entry permit and Canadian tax residency

[Canadian24 5]

Hello all,

 

I would need your help with this as I can't find any info and I'm guessing there must be people who needed time to wrap things up.

 

We are getting our EB1 greencard soonish. I am planning on living in the US as soon as we get it, but my husband wants to stay in Canada for an extra 1.75 years to fulfill his Psychology license. He will come to the US vacationing often, every couple of months, but won't live in the US more than 2 months/year for the first 2 years. 

Because of this he plans on applying for a re-entry permit (Form I-131) correctly: going to the US and to wait for the biometrics and all. 

 

But our cross-border accountant said as he will be in Canada for more than 182 days/year, he will be a tax resident of Canada.

Does being a tax resident of Canada have an impact on the US greencard?

Also because of him, even if I live in the US full-time, I will likely also be a tax resident of Canada (ties). Does that have an impact on keeping my greencard too?

 

Are there treads about people needing an extra year or 2 to wrap things up? I can't find them.

Thank you so much for your help!

[randomstairs 304]

You have to permanently reside (and intend to reside) in the US to maintain the LPR status (green card). You must file taxes in the US as a resident. Even with a re-entry permit, filing taxes in the US as a non-resident is grounds for abandoning your status. 

[OldUser 6,895]

US LPRs are tax residents by definition and must file taxes on worldwide income.

[Canadian24 5]

 

Quote

Even with a re-entry permit, filing taxes in the US as a non-resident is grounds for abandoning your status. 

Thank you. I've look it up and you are right. Wow. Our border crossing accountant is part of a big US-Canada cross accounting firm in Montreal. You would think he would not have mislead us on such important matters! I'm understanding that we will have to find a way to do US resident taxes even if Canada says he is a tax Canadian resident as well.

[Boiler 45,693]

He is the one claiming to be a US Resident to the US authorities.

[Lemonslice 4,898]

CRA will consider him resident from the numbers of days spent in Canada.

 

IRS will consider him resident for tax purposes because he's a LPR.

 

Edited to add: it doesn't mean he'll be taxed twice, just declare everything to both countries. 

Edited September 20 by Lemonslice

[Canadian24 5]

6 minutes ago, Lemonslice said:

CRA will consider him resident from the numbers of days spent in Canada.

 

IRS will consider him resident for tax purposes because he's a LPR.

 

Edited to add: it doesn't mean he'll be taxed twice, just declare everything to both countries. 

Thank you! Perhaps that's what the accountant meant. You say it more clearly But I'll make sure he declares resident in his US taxes.