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从以上朋友给的link跟大家的讨论来看,我这种情况可以claim dual resident或者resident alien.

本文发表在 rolia.net 枫下论坛但是dual residency不见得划算,因为dual有很多restrictions, 例如只能itemize allowable deductions , 而不能take standard deduction, 这样就可能少很多退税,其他见以下内容,好像报税更为复杂,而且配偶不能filing joint return。
加拿大的税用不用报美国的收入,完全取决于你的none-resident NR73表申报的结果。


Restrictions for Dual-Status Taxpayers

The following restrictions apply if you are filing a tax return for a dual-status tax year.
1) Standard deduction. You cannot use the standard deduction allowed on Form 1040. However, you can itemize any allowable deductions.

2) Exemptions. Your total deduction for the exemptions for your spouse and allowable dependents cannot be more than your taxable income (figured without deducting personal exemptions) for the period you are a resident alien.

3) Head of household. You cannot use the head of household Tax Table column or Tax Computation Worksheet.

4) Joint return. You cannot file a joint return. However, see Choosing Resident Alien Status under Dual-Status Aliens in chapter 1.

5) Tax rates. If you are married and a nonresident of the United States for all or part of the tax year and you do not choose to file jointly as discussed in chapter 1, you must use the Tax Table column or Tax Computation Worksheet for married filing separately to figure your tax on income effectively connected with a U.S. trade or business. You cannot use the Tax Table column or Tax Computation Worksheet for married filing jointly or single. However, you may be able to file as single if you lived apart from your spouse during the last 6 months of the year and you are a:

1.

Married resident of Canada, Mexico, or the Republic of Korea (South Korea),
2.

Married resident of Japan and you elect to have the old U.S.-Japan income tax treaty apply in its entirety for 2005, or
3.

Married U.S. national.

See the instructions for Form 1040NR to see if you qualify.

A U.S. national is an individual who, although not a U.S. citizen, owes his or her allegiance to the United States. U.S. nationals include American Samoans and Northern Mariana Islanders who chose to become U.S. nationals instead of U.S. citizens.

6) Tax credits. You cannot claim the education credits, the earned income credit, or the credit for the elderly or the disabled unless:

*

You are married, and
*

You choose to be treated as a resident for all of 2005 by filing a joint return with your spouse who is a U.S. citizen or resident, as discussed in chapter 1.更多精彩文章及讨论,请光临枫下论坛 rolia.net
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Replies, comments and Discussions:

  • 枫下茶话 / 美国话题 / 保税的弱智问题:去年我们全家在Ontario 待了5 month, 美国TX 待了7 month. 那么我就是美国的resident alien, 加拿大的none-resident.
    1) 我应该在美国的tax return中报加拿大的收入, 还是在加拿大的tax return中报美国的收入?还是两个都要报?401k 跟RRSP怎么算?
    2) 搬家的费用该在那边报?
    3) 美国的resident alien报起来划算还是dual status报起来好?

    这边先谢过了!
    • 1. Canadian tax return cliam Canadian income and RRSP, US return cliam both incomes and 401K. 2. US. 3. Don't know.
      • 谢谢回复!US这边还要cliam 加拿大的RRSP吗?
        • For US tax return Form1040,could you tell me where I can put my Canadian income?Thanks.
        • No, You can't.But for US tax return Form1040,could you tell me where I can put my Canadian income? Thanks.
          • 买了Tubro Tax,它问你答就好了。具体在那里填我也不知道。正在痛苦计算中。。。
      • Why US return need to claim both incomes?
        • I don't think US tax return need to include your Canada income. I checked with one of Canadian accountant and he said no.
          • My understanding is if you are tax resident in any country, you need to declare your global income. However, you may claim the tax credits too in other countries. The result is your marginal rate will be pushed up.
            • I did not make it clearer. The result is likely that you do not need to pay extra tax for your Canadian income, but you will pay more tax for your US income than that if you do not have foreign income.
          • Your are right, if one's Canadian income was earned during his/her non-resident period if dual residency has been claimed in US. And that is usual circumtances for majority people. You are perfect right!
      • Just learnt about the dual residency. If you could claim dual, you will be benefited, because you do not need to claim Canadian income assuming that your Canadian income was earned during your non-resident period of US.
        • Resident alien 跟 dual resident 有什么具体的区分吗?我只知道在美国去年呆了超过183天就是Redident alien.
          • Just learnt. Dual residency usually happens at first year when you earn income in US. It is possible during the first year, some period is non-resident, some are resident alien.
            By apply concept of dual residency, you do not need to report your foreign income to US because it happened during the non-resident period.
            • Do you mean the first year need to claim as duel residency (not resident alien) even stay in US more than 183days without reporting incomes from outside of U.S.?
              • 同问,同问。
                • I really got confused.For dual residency,which Form can I use?I mean Form 1040 or 1040NR? Thanks .
              • That is right.
                • As you said, if I claimed as resident alien (not dual status) in US, I have to report the Canadian income? I'm confused too.
                  • That is right, you will have to report it.
                • 我朋友告诉我不需要在美国保税填加拿大的收入,因为我不是美国公民/移民,只有公民/移民在其他地方的收入要报international income.
                  在加拿大的收入中要报美国的收入,但是不确定,因为default你在加拿大呆了少于183天就算none-resident,但是这个要填表让加拿大政府判定,因为还有其他的因素制约。
                  • Not sure what you mean.
                    You are right that US citizenship is closely related to taxation resident status in US. However, in this case, there is no difference if you are US citizen, GC holder or non-resident alien.

                    Regarding Canadian side, if you are non-resident tax status of Canada, you do not need to report employment incomes from foreign source.
                • 以上的这个情况是对于刚到美国来第一年报税来说的。
    • Please see "First Year Choice" in Publication 519, U.S ...
      • 请给个链接。谢谢!
        • Please see "First Year of Residency" and "First-Year Choice" under the Dual-Status Aliens in Publication 519 for inference. You can get it from www.irs.gov.
      • Publication 519 (2005), U.S. Tax Guide for Aliens
        • 借楼主的帖问:我朋友去年在加拿大工作十个月,在美国工作两个月,是不是要先报加拿大的税啊?谢谢!
          • 两个都要报,加拿大的税表要写美国的收入。美国的不用。
          • Assume you have no other conditions, you are Canadian resident for whole year and you are nonresident alien for that two months in US. For Canadian return, you will need to file both countries' income. For US return, you need to file US income only.
    • 这种情况可以按照美国的resident alien报税吗?
      • Sorry, what is your "这种情况"?
        • 楼主顶楼原帖的情况。
          • Sure. They are US resident status. The extra matter is they will need to file Canadian return too.
    • 请问最终答案是什么?谢谢!
      • 从以上朋友给的link跟大家的讨论来看,我这种情况可以claim dual resident或者resident alien.
        本文发表在 rolia.net 枫下论坛但是dual residency不见得划算,因为dual有很多restrictions, 例如只能itemize allowable deductions , 而不能take standard deduction, 这样就可能少很多退税,其他见以下内容,好像报税更为复杂,而且配偶不能filing joint return。
        加拿大的税用不用报美国的收入,完全取决于你的none-resident NR73表申报的结果。


        Restrictions for Dual-Status Taxpayers

        The following restrictions apply if you are filing a tax return for a dual-status tax year.
        1) Standard deduction. You cannot use the standard deduction allowed on Form 1040. However, you can itemize any allowable deductions.

        2) Exemptions. Your total deduction for the exemptions for your spouse and allowable dependents cannot be more than your taxable income (figured without deducting personal exemptions) for the period you are a resident alien.

        3) Head of household. You cannot use the head of household Tax Table column or Tax Computation Worksheet.

        4) Joint return. You cannot file a joint return. However, see Choosing Resident Alien Status under Dual-Status Aliens in chapter 1.

        5) Tax rates. If you are married and a nonresident of the United States for all or part of the tax year and you do not choose to file jointly as discussed in chapter 1, you must use the Tax Table column or Tax Computation Worksheet for married filing separately to figure your tax on income effectively connected with a U.S. trade or business. You cannot use the Tax Table column or Tax Computation Worksheet for married filing jointly or single. However, you may be able to file as single if you lived apart from your spouse during the last 6 months of the year and you are a:

        1.

        Married resident of Canada, Mexico, or the Republic of Korea (South Korea),
        2.

        Married resident of Japan and you elect to have the old U.S.-Japan income tax treaty apply in its entirety for 2005, or
        3.

        Married U.S. national.

        See the instructions for Form 1040NR to see if you qualify.

        A U.S. national is an individual who, although not a U.S. citizen, owes his or her allegiance to the United States. U.S. nationals include American Samoans and Northern Mariana Islanders who chose to become U.S. nationals instead of U.S. citizens.

        6) Tax credits. You cannot claim the education credits, the earned income credit, or the credit for the elderly or the disabled unless:

        *

        You are married, and
        *

        You choose to be treated as a resident for all of 2005 by filing a joint return with your spouse who is a U.S. citizen or resident, as discussed in chapter 1.更多精彩文章及讨论,请光临枫下论坛 rolia.net
        • 如果按resident alien 可以不报加拿大收入的话,当然是resident alien 合适。
          • 但是好象resident alien 要报海外收入的说。请高手confirm.
            • 是的,resident alien 要报海外收入的。我不是高手,但我可以confirm。
        • Welldone. Excellent job!
          • 那我们只能选dual-status 来报了,这种情况好象是要填两张表,1040 和1040NR,而且不能联合报税,不能用standard deduction. 但可以不报加拿大收入。 我的理解不正确否