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  Canada Immigration Forum > Immigration & Citizenship > Citizenship > Dual citizen US/Canada daughter denouncing US citizenship
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Dual citizen US/Canada daughter denouncing US citizenship




Hi there - with the realization that my daughter is turning 18 and to the point in earnings that taxes would need to be filed, generally what is the cheapest, easiest route to denounce her US citizenship? (she was born in US while we worked down there), lived in Canada since she was 1. She has no interest in maintaining US. I know when the 2014 laws came in place, it was a chaotic process with long waits - does that still apply? I have to assume cost is bottom levels for daughter (this year would be first that she has enough wages to file) and she does also have RESP's which apparently are taxable.

Must we go through immigration lawyer? Is it best to get one to make sure they don't come after her some 20 years down the road with a weird tax loophole or something, or is the 18 year old declaration much more simple and just a matter of going into embassy? Consulate? etc

Where is closest for Victoria? Do we have to go to Vancouver?

Any insight would be greatly appreciated as birthday is coming real quick and I know we need to get going on this!

thx much


 
deewar25

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Post ID: 235128 06-06-17 21:30:19
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icame
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Member since: May 17




Posts: 86
Location: Devil's Own Country


1. Canadian taxation is based on residency.

2. USA taxation is based on US citizenship or even green card holder status.

US will tax your world wide income, no matter where you live or where you earn your income.

Even if you don't earn a penny from US and don't set your foot in US again, US IRS will come after you to file returns and for taxation purposes, once you are a US citizen or GC holder.

They are quite powerful, and no country wants to mess with them.

So sooner you give it up, the better it is.

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Post ID: 235129 07-06-17 01:25:49
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Full House
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A few will die to obtain U.S.Citizenship and for a few it is a Bane. You have already made up your mind and hence there is no use in holding on to it. More over I can see the doubts and the pains it might bring in at a later date, which it can and no one can question a powerful Government that bullies their own Citizens. Even that surely will cost some money and if that is of no concern, then, do it as soon as you can.

Good Luck.

FH.

Some thing to read on it and if you have a few hours at your disposal join them on a day that they hold a free seminar.

http://vancouversun.com/news/local-news/u-s-tax-laws-politics-pushing-more-dual-citizens-to-renounce-citizenship


 
Post ID: 235130 07-06-17 03:30:06
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deewar25
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thanks for replies - yeah, pretty sure mind is made up, guess the bigger question is 'how'? Do you have to go through a lawyer or is it simple to just walk into consulate and denouce there? Is that Vancouver?

 
Post ID: 235138 08-06-17 15:15:07
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icame
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Posts: 86
Location: Devil's Own Country


Quote:
Originally posted by deewar25

thanks for replies - yeah, pretty sure mind is made up, guess the bigger question is 'how'? Do you have to go through a lawyer or is it simple to just walk into consulate and denouce there? Is that Vancouver?



Walking to a consulate and doing it is enough. No need for a lawyer. But certain steps need to be followed, See below.

http://www.renunciationguide.com/expatriation-process/renunciation-step-by-step/

https://travel.state.gov/content/travel/en/legal-considerations/us-citizenship-laws-policies/renunciation-of-citizenship.html

B. ELEMENTS OF RENUNCIATION

A person wishing to renounce his or her U.S. citizenship must voluntarily and with intent to relinquish U.S. citizenship:

1. Appear in person before a U.S. consular or diplomatic officer,
2. In a foreign country at a U.S. Embassy or Consulate; and
3. Sign an oath of renunciation

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Post ID: 235139 08-06-17 15:47:41
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icame
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Posts: 86
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Quote:
Originally posted by deewar25

thanks for replies - yeah, pretty sure mind is made up, guess the bigger question is 'how'? Do you have to go through a lawyer or is it simple to just walk into consulate and denouce there? Is that Vancouver?



You can go to ANY of the places listed below in Canada :

https://ca.usembassy.gov/embassy-consulates/

If you live in Vancouver, then this is the most convenient.

U.S. Consulate General in Vancouver

1075 West Pender Street
Vancouver, British Columbia
V6E 2M6
Phone: 604-685-4311
Emergency Phone: 604-685-4311
Fax: 604-685-7175

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I am a Mens and not a Womens.

 
Post ID: 235140 08-06-17 16:02:11
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deewar25
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helpful - thanks much! Doesn't sound as crazy a process as I was expecting.

 
Post ID: 235142 08-06-17 18:22:10
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deewar25
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Member since: Jun 17




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follow up for others - we thought we knew what was up and found appointments through the US state.gov site above, but it seems that wasn't the right way to go, and we ended up getting the third degree about our choices from the jerk at the desk (who was dual citizen and doesn't seem to even understand the rules as he claimed TFSA was under tax treaty while everything I'm reading says things like TFSA/RESP are not! Correct me if I'm wrong please).

So seems this guy who friggin works for them could be in for an awakening himself one day and he he was attacking us about our decision. It was ridiculous - he was going on about well, what if she graduates from university and is offered a job in the US? Reply, well, 1, she wouldn't be looking for a job in the US, 2, if she really wanted it, she would just get an H1B or whatever applicable visa....his response...well, yes, i suppose...but but but 'insert next rant here'.

It was all very offensive. Anyhow, he said we screwed up process entirely, so for any others looking, you need to go through the CA site - send an email as outlined and they send instructions. For the Vancouver office, they do 2 a day at 2pm only. There is a $2350 US processing fee as well... https://ca.usembassy.gov/u-s-citizen-services/loss-of-nationality/

Good luck!


 
Post ID: 235956 01-09-17 10:13:57
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luckysaab
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Renouncing the US citizenship for a person living in Canada and not multi-millionaire is a dumb idea. Likely she will never have to pay any penny to the US government unless she live and earns in the US.

There is an earned income exemption of $101,300 that you don't have to pay taxes on.If that's not enough for her then there is always the Canada/US tax treaty where you get credit from your Canada tax filing for whatever you pay to the US. The treaty, in part, is meant to avoid double taxation. Btw you are not legally required to file US taxes if you don't owe any money to the IRS.

<Long Live Canada>

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Post ID: 235958 03-09-17 02:27:40
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deewar25
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Quote:
Originally posted by luckysaab

There is an earned income exemption of $101,300 that you don't have to pay taxes on.If that's not enough for her then there is always the Canada/US tax treaty where you get credit from your Canada tax filing for whatever you pay to the US. The treaty, in part, is meant to avoid double taxation. Btw you are not legally required to file US taxes if you don't owe any money to the IRS.

<Long Live Canada>



Can you expand on that? As per a taxation site I have long followed:
Generally, a U.S. citizen living anywhere in the world, must file a return if the minimum income indicated for the filing status below is met in 2016: Single $10,350

That doesn't agree with your statement that you are not legally required to file if you don't owe money - can you show that wording to me somewhere on a government site?

Honestly, if that was the case, she could probably just forget about it, but even if she never owed taxes, the 'having to file' part is the biggest issue so curious your statement above - I am not going to do it for her all her life, she wouldn't have the ability herself, and most tax guys up here cost $1000/year to file US taxes for us.

The biggest issue we foresee though for her is house sales - they tax you on your primary residence sale - where we live, that can be dramatic gains, so that is pretty lame if down the road she has to pay a lump sum of 100k on a 300-400k gain on sale of her own house. Ironically enough, the day they shot us down, the guy on the harbour ferry said his friend was dealing with just that having sold a place in Vancouver.

Thoughts?




 
Post ID: 236067 25-09-17 10:40:03
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