Community Forums

JRMEDPHYS · 07-31-2014, 08:39 AM

Quote:

Originally Posted by Ron_H

I would like to make a small point for those who choose to play around the edge of the rules and look at things based upon their personal opinion or interpretation of the rules.

Only one "opinion" or "interpretation" is important or even relevant when crossing the border and that is the opinion and interpretation of the officer in the border crossing booth. Your's don't count.

Couldn't have said it better.

Peterrrr · 07-31-2014, 07:00 PM

Jeff and Ron.... I agree with both of you that one must be very cautious on their counts. It is not the border crossing that will hurt, but as Jeff stated before it is the tax implications. As stated earlier, I keep track of my days within my passport holder, then transfer them to a file where I fill out the 8840 form.

Just a quick note on the flights to a destination outside of the US with a stop over at a US airport. The IRS tax information states that if you participate in a business meeting at the stop over at the airport then that day, even if it is less than 24 hours, should be included in your count.

Regards

Skip426 · 07-31-2014, 07:13 PM

If you are planning over 131 days in the USA in consecutive years , form 8840 is an absolute must, because of the way the US , deals with the past two years days in calculations.
Also the closer connection to Canada regulations , if your a Canadian Full timing in your RV, you might be denied entry into the USA.

The Canadian Snowbird Association , has pages of documents and advice on these issues.

luckyd · 08-10-2014, 04:59 AM

The regulations for the 183 days is "in a calendar year or in a single trip".
We snowbird each year but this year will be spending approx, three weeks
in the USA during the summer. We were told by customs and at the border
to keep track of the number of days and will need to deduct them from our
winter snowbird trip.

The snowbird association has presented a bill to the US government to
extend the stay to 240 days. This will be called the Canadian Retiree Visa.
With this also comes the restrictions of ...YES....being retired.
Still waiting for the bill to be passed.

In BC you can apply to be out of province for 2 years. This can be done every five years.
You can also apply to be in the USA for up to one year. Coincide the both together
and you actually get to see both the east and west coasts.

Oh, by the way, US residents are only allowed in Canada for the 183 days also.
They just usually never do this.

SomeDay · 08-10-2014, 10:42 AM

Hi LuckyD,

Like you we were under the impression we could be in the USA up to the 183 days per "calendar year", running from 1st Jan to 31st Dec, and then it started again with a clean slate on 1st Jan the following year. In 2009 hubby went down to build a house mid Nov, came back over Christmas and then went down again 1st Jan to end July 2010, returning for a couple of 3 week breaks in between to avoid overstaying the 6 month per Calendar year.

We were led to believe his stay in 2009 remained in 2009 but oh no, officer told us that it is from a year accumulative so from 17th November 2009 until 16th November 2009. So based on what we were told by the BP Agent it is a rolling 12 month period. We were also told by this same agent that if we were to maximize the 6 month stay year after year consecutively we very likely would be highlighted and would also need to complete tax return forms for the USA.

I find all this days in out and taxation liability very very confusing as we get told conflicting information depending whom we talk to, but we were definitely told it is accumulative days in any 12 month period not a calendar year that restarts on 1st Jan. This technically means he did overstay his time in the USA at one point unintentionally based on what we were initially told, since establishing that, we try to avoid overstaying the days per preceding 3 years monitored to avoid tax and entry refusal.

There is so much conflicting and well intended comments on time allowed on USA soil. I would advise any non USA resident, if you are going to stay more than 4 months in the USA in any one year you do your due diligence directly through the official resources to meet Uncle Sam's requirements as well as the border patrol rules on days in days out. Keep a copy of officialdom in writing with you to prove your intention to abide by their rules in case ever queried. Its debatable if ALL agents even know the actual rulings!!

moisheh · 08-24-2014, 03:03 PM

Read the info that others have suggested on the Snowbirds Assoc. site. Do not confuse the Canadian regs with the US regs. As for being out of Canada for more than 6 months: Most Provinces interpret this as continuous. So if you were out for 179 days , came home and went out again you are OK. Long distance truck drivers are often out of country for more than 9 months a year. But not continuous. You are right in wanting all the correct info but running a spreadsheet is almost anal . The poster who said it is up to the border guard is so right!! If he suspects that you are trying to live in the USA you will be sent home quickly! We also cross into Mexico and have never been questioned by US officials as to our being in the USA. If you are within that 3 year formula and maybe carry your property tax statement or something else that shows you have close ties to Canada this discussion can be much ado about nothing. If you are a full timer with no fixed abode then you may have some serious problems.

luckyd · 08-31-2014, 08:57 PM

First off... I have no idea why an American would respond.
They have no idea of the requirements of a Canadian in the USA.

You are entitled to 183 days in the USA either in a calendar year or in a
single trip.
If you go across the border 4 days for gas, shopping, etc, then you must deduct
the four days from the 183 if you wish to "snowbird".

This year we travelled across Canada and returned through the USA.
We spent 23 days in the USA on our return trip.
We need to subtract 23 from the 180 for out snowbird trip.
This means we are allowed 160 days for winter.

Not sure why Americans get involved in answering this question
but it always brings out the answers.

moisheh · 09-01-2014, 05:58 AM

LuckyD: Be careful when you state one can only be away 183 days and retain medical coverage. Each Province has different regulations. Many, including your lovely B.C., have gone to 7 months. Some have even added 23 dyas of short trips that do b not count against your 7 months. Most Provinces have a don't ask don't tell policy on short trips. If you go to the CSA site and look for Traveler's report card the details are all in that document. One Province openly stated that the Health Dept. do not track out of Province travel details. If you are not making multiple claims every year this whole discussion is much ado about nothing.

nothermark · 09-01-2014, 08:13 AM

FWIW the reason some posts are from the US is twofold. Some of us have Canadian friends or relatives so we also pay attention to Canadian requirements. Foreign nationals are also scrutinized a lot more since 9/11. No sane person wants to get involved with the money grubers in DC working with the one's in Ottawa making you justify what taxes you owe each government while getting your snowbird card revoked.

moisheh · 09-01-2014, 12:28 PM

I last posted at 5 am and I used the wrong adjective. I should have said " Beautiful BC" ( which it is).

luckyd · 09-06-2014, 07:39 AM

Quote:

Originally Posted by moisheh

LuckyD: Be careful when you state one can only be away 183 days and retain medical coverage. Each Province has different regulations. Many, including your lovely B.C., have gone to 7 months. Some have even added 23 dyas of short trips that do b not count against your 7 months. Most Provinces have a don't ask don't tell policy on short trips. If you go to the CSA site and look for Traveler's report card the details are all in that document. One Province openly stated that the Health Dept. do not track out of Province travel details. If you are not making multiple claims every year this whole discussion is much ado about nothing.

I never said that you can be away 183 days...I said you can only be in the USA 183 days. (This also applies to the same amount of time an American can be in Canada)
I know each Province has its own rules, BC and a few others have gone to allowing you out of Province for seven months.
BC also allows you to apply to be out of Province for two years. You are entitled to this every five years.

Most of us have worked most of our lives to be able to retire the way we want. I think it is a tragedy that we have to be restricted on travel, whether we be American or Canadian.
RVs we meant to be able to travel this great country and see all that was created for us. We RVers found a way of life we are happy with.

moisheh · 09-07-2014, 06:54 AM

Tommy Douglas, the father of Medicare, never envisioned what we have now. It was supposed to be run by the feds. Not each province. Private clinics were to be part of the plan. But politicians have ruined a great idea. I agree that we should not be prisoners in our own country. I don't understand why they limit travel. Provinces pay foreign claims at the same rate they pay hospitals in Canada. So if I have an emergency in California and the bill is $5000 they still pay the meager $200 or $300. If you have an emergency in the US it opens up a spot for a Canadian who is in Canada. But that would be admitting that we cannot look after our own citizens.

Murf2u · 09-08-2014, 05:46 AM

Quote:

Originally Posted by moisheh

I don't understand why they limit travel. Provinces pay foreign claims at the same rate they pay hospitals in Canada. So if I have an emergency in California and the bill is $5000 they still pay the meager $200 or $300. If you have an emergency in the US it opens up a spot for a Canadian who is in Canada. But that would be admitting that we cannot look after our own citizens.

Apparently the prairies don't have the same issues that other parts of Canada do. In Ontario for instance the Provincial Auditor revealed that there were 12.9 million healthcare cards in circulation, the problem is there was only 12.6 million Ontarian's eligible for health insurance. That means that there was about 300,000 people potentially abusing the system.

What they don't want is holders of a 'passport of convenience' and not really Canadian residents getting free health care.

The only way to say which "Canadian" is eligible for health care is residency, you live here you get coverage, you don't live here you don't get coverage, it's that simple. This the basis for the waiting period before coverage resumes when you come back to Canada, to avoid parachuting in for treatment.