I am a Canadian citizen born in Montreal in 1965. My mother was a US citizen at the time of my birth. She is now a Canadian citizen. She lived in the US from 1938 to 1962. I have never applied for US citizenship nor do I intend to. I am concerned because I have recently learned about IRS filing requirements for US citizens living abroad. I am a medical doctor in Ontario with an incorporated medical practice. Do I need to file with the IRS in the US? Am I likely to owe taxes to the US? I pay a lot of tax in Canada and I simply can't afford to be paying taxes to the US as well. I understand there are tax treaties that are meant to reduce "double taxation". Would these treaties apply to me so that I don't get charged more tax? Am I going to be treated fairly if I come forward voluntarily?
Province/Territory relating to question: Ontario
Hello and thank you for using Just Answer,
Amendment XIV, Section 1, Clause 1 of the U.S. Constitution directs that all persons born in the United States are U.S. citizens. This is the case regardless of the tax or immigration status of a person’s parents.
Furthermore, a person born outside the United States may also be a U.S. citizen at birth if at least one parent is a U.S. citizen and has lived in the United States for a period of time. If you have not lived in the US then you are not required to file a US tax return.To really know if you are considered a US citizen and required to report your worldwide income use this linkhttp://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=32dffe9dd4aa3210VgnVCM100000b92ca60aRCRD&vgnextchannel=32dffe9dd4aa3210VgnVCM100000b92ca60aRCRD
Many people believe that just because a parent is or was a US citizen then all children are just automatically US citizens and must pay US taxes. First you must determine if you really are a citizen of the US. If you are by US state depratment terms then that does not mean you would have an actual tax liabiltiy to the US. The tax treatuy between the US and Canada would cover you for double taxation.
I have never lived in the US. How do I determine if I am a citizen by US state deparment terms?
The link I gave you explains all the possibilities.
If you do not fall under them then you are not a US citizen even if your mother was.
15years with H & R Block. Divisional leader, Instructor
I fit the criteria for one parent being a citizen and born between October 1952 and November 1986. Therefore, I assume I was a citizen at birth. Am I still considered a citizen now since I have never lived in the US?
Yes you would be if your mother fits in the area of having been in the US after her 14th birthday.
You would just need to report not pay as you would be allowed the tax treaty benefits of the Canada/US tax treaty (one of the most beneficial).
You would have a reporting obligation but could exclude your income.
Of course you can always go to the consulate in Canada and formally give up your citizenship.