Blogs + News
Kenneth Keung is quoted in the Investment Executive article titled “Quirk in capital gains tax rules raises risks for incorporated clients,” published on July 24, 2024.
Kenneth Keung is quoted in the Investment Executive article titled “How should trusts flow out capital gains to beneficiaries in 2024?”, July 5, 2024.
Kim G C Moody, Kenneth Keung, and Christopher Ellett are quoted in the Investment Executive article titled “When is the latest clients can sell assets prior to June 25?”, published on May 17, 2024.
Alexander Marino recently appeared on the Global Investment Voice Podcast to discuss the benefits of renouncing US citizenship on March 14, 2024.
Alexander Marino guested on the Snowbirds US Expats Radio Podcast about the benefits of renouncing your US citizenship on January 17, 2024.
Practical Immigration: Importing Your Vehicle from Canada to the US
In this first installment of our “Practical Immigration” blog series, we are going to address one of the questions our clients most frequently ask
“So now that I have my visa and am ready to move to the US, what happens to my car?”
Our team has had to figure this answer out for ourselves to help our clients successfully navigate the legalities of automobile importation, and this blog post will aim to provide a clear understanding of what to expect through that process.
Step 1: Confirm Your Eligibility and Vehicle Compliance
Before you can import your car, you must ensure it meets US safety and emissions standards. The vehicle must comply with the US Department of Transportation (“DOT”) and the Environmental Protection Agency (“EPA”) regulations. Here is what you need to know:
DOT Compliance: The car must adhere to US Federal Motor Vehicle Safety Standards (“FMVSS”). Look for the certification label typically found in the door frame. If the car does not meet FMVSS, modifications may be required. Canadian cars may have a Canadian equivalent label, in which case a Manufacturer’s Letter will be required.
EPA Compliance: The vehicle must meet US emissions standards. Check for an EPA compliance label under the hood. If it is not compliant, you will need to determine if it can be modified to meet the standards.
Many vehicles in the US and Canada are built in North America and made to meet the necessary standards for both countries.
Step 2: Prepare the Required Documentation
Once you have confirmed compliance with safety and emissions standards, it is time to prepare your importation paperwork. Ensure you have the following documents:
Vehicle Title and Registration: Proof of ownership.
Proof of Compliance: Certification labels for DOT and EPA compliance.
Manufacturer’s Letter: A statement from the vehicle manufacturer verifying compliance with US standards, if applicable.
Bill of Sale: This will be important to determine whether a duty tax will be required.
CBP Form 7501: Entry Summary form.
DOT HS-7 Form: Declaration that the vehicle complies with US safety standards.
EPA Form 3520-1: Declaration of compliance with emission standards.
Step 3: Importation Procedures at the Border
When you arrive at the US border, you will need to declare the vehicle and present the required documentation to Customs and Border Protection (”CBP”). Here is a step-by-step process:
Arrival at the Border: Upon arrival, inform CBP officer that you are importing a vehicle. You should then be directed into the secondary inspection area.
Present Documentation: Submit all necessary documents, including CBP Form 7501, DOT HS-7, and EPA Form 3520-1.
Vehicle Inspection: CBP may inspect your vehicle to ensure compliance with all US regulations.
Pay Import Duties: You may be required to pay import duties if you have owned it for less than one year. The duty rate for vehicles is usually 2.5% of the vehicle’s value but may vary depending on the vehicle type and trade agreements.
Step 4: State-Specific Requirements
After clearing CBP, you will need to register your vehicle in the state where you will reside. You should also be mindful that each state will have its own Department of Motor Vehicles (“DMV”) regulations and requirements, typically involving:
Safety Inspection: Certain states require a vehicle safety inspection.
Emissions Testing: States with more stringent emissions standards may require an emissions test.
State Registration: Register the vehicle and obtain state license plates. This involves paying registration fees and possibly sales tax.
Insurance: Obtain auto insurance in the state where the vehicle will be registered.
While importing your automobile from Canada to the US may seem like a daunting task, it can be a smooth and quick process with proper guidance, preparation, and implementation.
If you are interested in learning more about how Moodys Private Client may be able to assist you in achieving your immigration goals, please contact us via email at usimmigration@moodystax.com. Our experienced immigration attorneys work steps away from the US Consulate in Toronto and are here to simplify the process and help each step of the way.