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Canadian green card holder filing dual status tax return in US - need advice on my transition plan

I'm facing a somewhat complicated situation and would love some input on my plan for filing US taxes this year: I'm Canadian and relocated to the US in May 2022 on a TN visa. Even though I met the substantial presence test in 2022, I filed 1040NR and 540NR in the US/California using form 8833 (Canada/Tax treaty) and filed my Canadian resident tax return reporting my worldwide income to Canada. My reasoning was that I wasn't certain about staying in the US long-term and didn't want to cut ties with Canada after just working in the States for a short period. Jump to August 2023, my wife (also Canadian) and I received our green cards (finally!) - we initiated the application in March 2023 through her employer's sponsorship. We're considering declaring non-resident status in Canada later this year since my understanding is that green card holders should file 1040 or risk jeopardizing their green card status. We'd also benefit from some tax savings due to lower US tax rates. Here's my tentative plan (I've consulted with 2 US/Canada cross-border tax specialists - one thought this approach should work while the other wasn't completely confident): * Travel back to Canada in mid/late September and return to the US on October 1 (using October 1 as our departure date and first day as non-residents of Canada - thus filing Canadian tax resident return with worldwide income for January 1-September 30) * For US taxes, file a dual status tax return (filing 1040NR/540NR for January 1-September 30 with form 8833 reporting US-sourced income; then filing 1040/540 reporting worldwide income for October 1-December 31) * Sell my rented condo and aim to close by September 30 (there's approximately $270K capital gain that should be tax-free since it's been my principal residence from the beginning) * Close my TFSA and most Canadian bank accounts (keeping only accounts that serve non-residents in Canada); cancel OHIP (Ontario Health Insurance Plan) * From January 1, 2024 onward, we'll be US residents and Canadian non-residents Does this approach seem reasonable? I'd greatly appreciate any feedback or suggestions!

Another thing to consider with your plan: FBAR requirements for your Canadian accounts. As a green card holder, you'll need to file FinCEN Form 114 annually to report your foreign financial accounts if their aggregate value exceeds $10,000 at any point during the year. Also, be cautious with your TFSA. While it's tax-sheltered in Canada, the US doesn't recognize its tax-free status. Any income earned in your TFSA will be taxable on your US return, which is why closing it before becoming a US resident is a good move. Have you considered the implications for any Canadian retirement accounts like RRSPs? Under the treaty, you can defer US taxation on RRSPs, but you need to file Form 8891 to make this election.

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Thank you for bringing up these important points! I have about $35K combined in my Canadian accounts, so I'll definitely need to file the FBAR. You're right about the TFSA - that's exactly why I'm planning to close it before October. Regarding RRSPs, I do have about $80K in an RRSP. I wasn't aware of Form 8891 - does that need to be filed annually or just once?

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The good news is that Form 8891 was actually eliminated in 2014! The IRS now automatically recognizes the tax deferral for RRSPs under the US-Canada tax treaty without requiring a specific form. You'll still need to report the existence of the RRSP on your FBAR and potentially on Form 8938 (Statement of Foreign Financial Assets) if you meet the filing threshold, but the income can continue to grow tax-deferred. One other consideration for your plan: make sure you've researched any state-specific requirements. California, for example, doesn't always follow federal treatment of foreign income and may have different rules regarding your Canadian accounts and investments compared to federal regulations.

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Omar Fawaz

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Have you factored in potential "exit tax" implications when leaving Canada? If the fair market value of your worldwide assets exceeds CAD $1.6 million at the time you become a non-resident, you might be subject to a deemed disposition of your property, potentially creating additional tax liability.

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Chloe Martin

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This is incorrect information. Canada doesn't have an "exit tax" in the same way as the US. What Canada has is a deemed disposition rule where certain properties are treated as if they were sold at fair market value when you cease Canadian residency. However, this typically doesn't apply to cash, personal-use property, most registered plans like RRSPs, and certain real property located in Canada.

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Thanks for bringing this up. I've been concerned about this potential issue. My total assets are around CAD $1.3 million, so I should be under that threshold. Most of my assets are either in my RRSP, cash, or the condo which I'm planning to sell before becoming a non-resident. Would there be any other assets I should be concerned about for the deemed disposition rules?

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Freya Ross

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22 Just to add another perspective - I'm an accountant and see this situation all the time. The IRS doesn't care if you only did one job or a hundred jobs - income outside of a W-2 employment relationship is considered self-employment income and needs to be reported on Schedule C. The threshold for the payer to issue a 1099-NEC is $600, but your obligation to report income exists regardless of whether proper documentation was provided to you. The IRS considers ALL income taxable unless specifically excluded by law. One thing to consider: since this is over $400 net income, you'll also need to pay self-employment tax on it (the SE tax threshold is lower than the income tax threshold). Make sure you complete Schedule SE along with your Schedule C.

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Freya Ross

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3 Is there any minimum amount for self-employment? Like if someone paid me $50 to mow their lawn once, do I still need to report that? It seems excessive to file all these extra forms for tiny amounts.

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Freya Ross

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22 The technical answer is that if your net earnings from self-employment are $400 or more, you're required to report the income and pay self-employment tax. Below that threshold, you still technically need to report the income on your tax return, but you wouldn't have to pay self-employment tax or file Schedule SE. For very small amounts like $50 from a one-time lawn mowing job, the practical reality is that it's unlikely to create issues if not reported. However, the letter of the law says all income should be reported regardless of amount. As amounts get larger (like the $3,800 mentioned in the original post), the importance of proper reporting increases significantly both for compliance reasons and because the IRS is more likely to notice larger unreported amounts.

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Freya Ross

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11 FYI - I'm a freelance coder and tax preparation software doesn't always handle one-time self-employment situations well. They often try to categorize you as either "fully employed" or "fully self-employed" which creates confusion. If using software like TurboTax or H&R Block, make sure you enter this under "additional income" or "self-employment income" rather than trying to create a whole business entity. You'll need to complete a Schedule C regardless of how small the job was. The important thing is reporting the income correctly - not necessarily fitting into their pre-defined categories. And don't forget about state taxes too! Many states also require you to report self-employment income separately.

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Freya Ross

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2 Which tax software do you think handles this situation best? I'm in a similar boat with just one small freelance project this year.

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Paolo Ricci

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Regarding your original question about pricing - location makes a HUGE difference. I own small businesses in both rural Minnesota and Chicago, and I pay nearly double for the same tax services in Chicago. My rural accountant charges $1,800 for annual tax prep for my sole proprietorship plus one rental property, and quarterly planning is an additional $1,200 annually. My Chicago accountant charges $3,400 for similar tax prep and $2,200 for quarterly planning for a business of similar size and complexity. Both provide good service, but the price difference is significant just based on location. Might be worth getting quotes from firms slightly outside your immediate metro area if you're in a high-cost location.

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Amina Toure

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Do you find any difference in quality between your rural vs city accountant? I'm wondering if paying more actually gets you better service or tax savings?

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Paolo Ricci

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Honestly, my rural accountant is more attentive and responsive - probably because she has fewer clients overall. The Chicago firm has more specialized expertise in certain areas (particularly for e-commerce tax issues), but for day-to-day service and general tax matters, the rural accountant provides better value. The big difference is that the Chicago firm has more specialists under one roof, so if I have a very specific tax situation, they can usually handle it in-house. With my rural accountant, she occasionally needs to bring in outside expertise for complex situations. But for standard business tax planning and preparation, I haven't found that paying more necessarily results in better service or outcomes.

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One thing nobody has mentioned - look beyond just CPAs. I use an Enrolled Agent (EA) for my business taxes and pay MUCH less than the CPA quotes I got. EAs specialize in taxation and have to pass rigorous IRS testing. Mine charges $1,800 for comprehensive planning and preparation for my LLC and personal returns. The biggest firms with fancy offices and lots of staff will always charge premium rates. A solo practitioner EA or CPA with low overhead can offer the same quality service at a fraction of the cost. Just make sure they have experience with your specific business type.

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How do you find a good EA? Is there a directory or certification board? I've only ever used CPAs and H&R Block type places.

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You can find qualified EAs through the National Association of Enrolled Agents website (NAEA.org) - they have a directory searchable by location and specialization. I found mine through a business owner networking group, which was great because I got to hear about direct experiences from other small business owners. When interviewing potential EAs, ask about their experience with your specific industry and business structure. A good EA should be able to discuss relevant deductions and planning strategies in your initial consultation. Also check if they offer audit representation (most do, it's a core part of their expertise). The right EA can provide the same level of tax expertise as a CPA, often with more specialized tax knowledge and lower fees since they focus specifically on taxation rather than broader accounting services.

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Andre Dupont

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Former tax preparer here. Most independent CPAs and smaller firms don't offer refund transfers because: 1) They need a special bank relationship to set up temporary accounts 2) There are compliance and banking regulations to follow 3) It costs the preparer money to offer this service That's why you usually only see this at big chains like H&R Block or with software like TurboTax. Also, be aware that when you DO use a refund transfer service, you're usually paying an extra fee ($30-40 typically) on top of the preparation fee for that convenience. If cash flow is tight, ask your CPA if they'll accept a credit card or if they offer payment plans. Some might also be willing to prepare everything and just hold off on e-filing until you pay them, but most won't file without payment.

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Do you think it's better to just bite the bullet and pay a CPA upfront? I'm worried TurboTax might miss some deductions for my small business but the refund transfer feature is so convenient.

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Andre Dupont

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If you have a small business, paying for a qualified CPA is often worth it, especially in your first year or two of operation. A good CPA doesn't just fill out forms - they provide tax planning advice that might save you significantly more than their fee. Think of it this way: TurboTax might be $100 cheaper upfront, but a CPA might find $500+ in legitimate deductions you'd miss. The software only knows what you tell it, while a CPA knows what questions to ask based on your specific situation. Plus, having a professional relationship with a CPA means you have someone to call when you have questions throughout the year, not just at tax time.

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Jamal Wilson

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Has anyone used a bank product like Republic Bank Tax Refund Solutions? My tax guy said he can offer a refund transfer through them, but I'm not sure if it's worth the extra fee ($39.95 in my case). Also slightly worried about delaying my refund by adding another party to the transaction.

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Mei Lin

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I used a refund transfer through my tax preparer last year. It added about 5-7 days to my refund timeline, and cost me $35. Honestly wasn't worth it for me, but if you're really tight on cash and absolutely need the tax prep done, it might make sense. Just be aware you're basically paying $40 for a very short-term loan.

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Demi Hall

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Quick question - did you have any ongoing service contracts or warranties with the vending machine that you also sold? That might need to be handled separately.

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Not OP but I had a similar situation with equipment I sold. The service contract portion gets allocated separately as ordinary income, not as part of the capital transaction. At least that's how my accountant handled it.

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Liam Duke

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Yeah actually I did have a service contract that transferred to the new owner with about 8 months left on it. I hadn't even thought about that part. I paid $3200 for a 3-year service plan originally.

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Kara Yoshida

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Side note but I'm curious why ice vending machines aren't profitable? I always thought those things were cash cows with minimal maintenance. What went wrong if you don't mind sharing?

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Liam Duke

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Location, location, location. I put it in what I thought was a great spot near a lake where people go fishing and boating, but it turns out most people just bring their own ice in coolers. The property lease was expensive, electricity costs were higher than projected, and I had several expensive repairs in the first year. Competition from nearby gas stations with cheaper ice didn't help either. The ROI calculations from the manufacturer were... let's just say optimistic.

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