BirdTalk Dear Bird Talk, Many in the snowbird community must be thinking about the use of medical marijuana. Please give us guidelines concerningMedipac and U.S. border regulations. James Butler Oakville, ON Ed.: A great and timely question. DO NOT try to take marijuana into the United States, or anywhere else for that matter. Many countries have severe penalties, including jail and physical punishment, if you are found “importing” drugs. I had Evan Rachkovsky, CSA’s research analyst, check the situation in Florida and he says; “Even with a Canadian prescription for medical marijuana, it would be illegal to cross into the United States with it. Florida recently passed legislation in June to expand access to medical marijuana (it was a ballot issue from the general election – amendment 2). Part of the legislation expands access to seasonal residents, who are defined as any person who temporarily resides in the state for a period of at least 31 consecutive days in each calendar year, maintains a temporary residence in the state, returns to the state or jurisdiction of his or her residence at least one time during each calendar year, and is registered to vote or pays income tax in another state or jurisdiction.” This website may be of interest and I would review specific regulations if you winter in other states. www.usnews.com/news/best-states/florida/ articles/2017-06-09/highlights-of-floridas- expanded-medical-marijuana-bill Dear Bird Talk, Can anyone comment on what happens if you overstay your 182 days in the U.S.? I understand that the IRS can consider you taxable on worldwide income, but do they contact you? Has anyone had this happen to them? If it’s over by a few days, are they still going to make an effort to chase you down? Jay Wilkins London, ON Ed.: Many snowbirds have stayed a little longer and nothing has happened to them, so the “community buzz” is that the government doesn’t know and the government doesn’t care. I can assure you that the government DOES care! In this day and age, their tracking systems are becoming more and more sophisticated and your chances of being caught are increasing. When they do catch you, they usually send a letter asking for information (they already have it, of course). You are then caught up in their investigation, which is very intrusive. I am personally aware of a few cases in the West, which resulted in hundreds of thousands of dollars in taxes and penalties. A lifetime travel ban was also part of the possible penalty. Dear Bird Talk, In the spring, 2017 CSANews Issue 102, I questioned if any travel health insurance company covered travel in Canada at a reasonable rate. You responded that “the Medipac Annual plan covers unlimited 23-day trips anywhere in the world and also covers you for up to six months in Canada when outside your province of residence.” My 2016-2017 Medipac Travel Insurance Guide clearly states on page 12 that you are covered for only 90 days for travel in Canada. Could you please clarify? Victor Wall Lac du Bonnet, MB Ed.: Absolutely, this was a mid-term increase in our benefits (from 90 days to 182 days) and we did not think it practical to reissue tens of thousands of policies. If we reduced benefits, which we try not to do, then we would naturally have to notify you. The 2017 Early Bird guide reflects the new benefits and the policy does, as well, on page 29. Six months is correct. Dear Bird Talk, If Canadian snowbirds can’t deduct their “allowed days” during short times back in Canada (i.e. for Christmas) unless the visit lasts for 30 days or longer...do the U.S. regulations also state for any SHORT trips by Canadians INTO the U.S. (say for taking a seven-day cruise out of a U.S. port and then returning to Canada after the cruise), that these trips LESS than 30 days ALSO do NOT count towards our 182-day limits??? If not, this legislation is totally one-sided! Trevor Metcalfe Collingwood, ON Ed.: To clarify, there are no days counted if you are “in transit.” If you leave from Canada and return to Canada, but stay overnight in, say, Miami on the way there and back, these days DO NOT count. You are in transit. Your cruise is an excellent example. Most legislation is a mess in any event. Dear Bird Talk, I submit the IRS Form 8840 annually, but do not receive any confirmation from the IRS that it has been received. Is there any way to determine whether the IRS has received this form? Peter Nigel Bradbury Toronto, ON Ed.: The IRS is unresponsive on this and will not, or cannot, confirm the receipt of Form 8840. At one point I recommended that, to be safe, you could use registered mail, but I do not think that this is necessary.You should, however, keep good records of your submissions in case there is ever an IRS question. Dear Bird Talk, Regarding the 30-day absence rule, I have recently had a fellow snowbird informme that they have been told that you must actually return to Canada in order for those days not to be counted toward your U.S. time as opposed to travelling, for example, toMexico for 30 days. Can you clarify this for me? Nancy Rosse Campbell River, B.C. Ed.:We must first clarify that a U.S. border guard has enormous power and basically can do anything he or she wants. They can bar you from the U.S., restrict your trip to 10 days or 60 days, or do whatever they feel like that day. Based on our information, any absence of more than 30 days is NOT counted as time in the U.S. It does not matter where you go. Mexico is fine. Dear Bird Talk, My wife and I enjoy the information and articles found in your magazine. However, I keep being disappointed at the lack of diverse representation depicted in the individuals represented in your articles and features.The most recent issue [summer 2017] is a case in point: there is diversity on the back cover for the Medipac ad and one person represented on page 39 – and she is out of focus because of the nature of the photograph. 8 | www.snowbirds.org
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