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ARTICLE · 21 DECEMBER 2013

A Note For Individuals With Property In The U.S.

June 30, 2014 will mark a new era in Canada - US sharing of information on movement of individuals between the two countries.

CanadaReal Estate and Construction

June 30, 2014 will mark a new era in Canada - US sharing of information on movement of individuals between the two countries. The result for Canadians with homes in the US is that they must be even more vigilant about counting the days they spend in the US to ensure that they do not exceed the 180 days in a rolling twelve month period rule. There is also a 120 day rule respecting reporting of income in the US.

The consequences of living in the US for longer than the allowed period can be very oppressive. As there are both Canadian and US tax and non- tax consequences, the individual who breaches the rule may be in for a number of nasty surprises.

From a US perspective, you can be banned from travel into the US for a three to ten year period, depending on the number of days by which you exceed the 180 day allowance. You may also be liable for US income tax on worldwide income and US estate tax on worldwide assets at your death. In Canada, you could be liable for

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