Dear Bird Talk, I know that an hour-long trip to the U.S. to shop is counted as a day in the U.S. for both visa and IRS purposes. I also know that a partial day spent travelling through the U.S. from one Canadian city to another is not counted for one of them, but it is for the other – I just cannot remember which is which. Can you provide the answer for me? David James Welland, ON Ed.: For immigration purposes, time spent “in transit” is generally not counted against your days spent in the United States. For tax purposes, and the 8840 Form more specifically, days you were in the United States for fewer than 24 hours when you were travelling between two places outside of the United States are not included in your substantial presence test calculation. Dear Bird Talk, We are planning either a two-week or a three-week trip to Alaska starting and ending in Vancouver. The trip will start with a cruise from Vancouver to Alaska with multiple port stops, then a land tour in Alaska, finishing with a second cruise returning to Vancouver. How do I count these days toward our U.S. day allocation? My gut says that to be safe, count everything as U.S., but my hope is that some of this doesn’t have to be counted. Kelly Miller Kitchener, ON Ed.: We always recommend erring on the side of caution. You are taking a cruise to the United States. Count all of the days of the trip both at sea and on land as days in the U.S. Dear Bird Talk, Am I wrong, or is it not the LAW that OHIP MUST pay to a member of OHIP the amount spent on a legal medical claim whatever it would pay to a Canadian hospital or doctor? Therefore, if it cost you $10,000.00 in the U.S. but OHIP pays a Canadian hospital $8,000.00 (Canadian), then OHIP must pay you the same amount as they pay the hospital?? Roger Bourdeau Tiny, ON Ed.: You are correct and this is exactly what the Canadian Snowbird Association has been fighting for since its inception in 1992. They were successful in their court challenge forcing the Ontario government to reinstate payments for out-of-country medical expenses; now we need to get the government to increase the amount which they pay! Bird Talk Featuring the letters & concerns of our members SEND YOUR LETTERS TO Bird Talk, c/o CSANews 180 Lesmill Road Toronto, Ontario M3B 2T5 Online at www.snowbirds.org/bird-talk or by e-mail: csawriteus@snowbirds.org Bird Talk Dear Bird Talk, We were told by a Canadian couple who own a home in Florida that your Canadian will does not apply to the U.S. In case of both of our deaths, the U.S. government would sell our house and we would have to pay all applicable U.S. taxes before our estate would receive the remainder. They told us about a “Ladybird Will,” which alleviates this. Can you shed some light on this. What happens in the case of both of us (the owners) dying, with our Canadian will leaving our assets to all three of our children. Latchman Sanker Oshawa, ON Ed.: Your Canadian will does apply in the U.S. Where real estate is owned in the U.S. by a couple, it is usually owned as joint tenancy with right of survivorship. In that event, upon the passing of one of the owners, the property goes to the survivor by succession outside of any provisions in a will. If the property ends up with one owner, that person’s will would determine the ownership. There is no “Ladybird Will,” but there is a “Ladybird Deed” in Florida. Other states have different names for this type of deed. This is a form of ownership of real estate whereby the persons added to the names on the deed do not acquire an ownership interest in the property, but do succeed to ownership interest upon the passing of the last joint owner, as described above. Dear Bird Talk, How long can we leave our Canadian 5th wheel down in the U.S.? If it is left for a few years, are there any issues to bring it back home to Canada across the U.S. border? Lori Nicholson Okotoks, AB Ed.: If your 5th wheel remains in the United States for longer than 12 months, it will be considered to have been imported and you would be expected to pay duties and taxes on that import. Also, you should check with your insurance company to determine how long you are permitted to have the vehicle in the United States before they stop providing insurance coverage. CSANews | SPRING 2024 | 9
RkJQdWJsaXNoZXIy MzMzNzMx