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Read "Dual status" chapter carefully. There is a good example under it. First year or last year in States, you may be at "dual status".

For myself, I stayed in Status since May, 2007. I were a dual status alien in 2007.

1. I were a nonresidece before I came to USA. I do not need to report income outside of USA for this period.
2. I were a residece between May to Dec 31, 2007. I need to report worldwide income, which I got between May to Dec 31, 2007.

3. Because my wife is in Canada, I have house in Canada. So I need to report worldwide income to Canada, which I got From Jan 01 to Dec 31, 2007. The tax paid for USA can be deducted as Foreign Tax Credit.
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Replies, comments and Discussions:

  • 枫下茶话 / 美国话题 / 第一次准备保税, 请问一个问题, 我在美国工作(超过半年), LP在多伦多工作, 我应该按什么"FILLING STATUS" 报? LP 需要申请人TIN吗? 谢谢
    • if she don't have a TD, she couldn't get TIN number. I think you have to file as single
      • doesn't matter if she has TD. I got INIT for my wife and my daughter, they only B2 !
    • 研究了一下INSTRUCTIONS, 看样子可以用HEADOFHOUSEHOLD报, 有相同情况的吗?大家一起研究研究.另外, LP有TD,一定要有ITIN吗?
      • 你不是 non resident on tax 吧。你要把在美国省的税吐出来给加拿大。还不如在美国交多点,在加拿大吐少点, 毕竟老美给你机会.
      • if you have any dependents in US, you can get more deduction as long as you claim to be HEADOFHOUSEHOLD.
        if you have any dependents, you can get more deduction as long as you claim to be HEADOFHOUSEHOLD. but your family is in Canada, I don't know if you can declair them as dependents in US. I also have same problem. In such case, it seems we have to pay much more tax than in Canada.
        • According to my understanding, I can use the filling status as the Single (Alien Residence), and claim my kid as dependent (if he/she is residence of America, Canada or Mexico)
          • Similar situation.
            My wife lives and works in Canada. I have been in USA for more than 183 days. I found "Resident - Single" is the only choice for me. TNND, I am married!!

            I also found that I need to pay more tax than in Canada. Tax paid in USA is more than what I can claim as Foreign tax credit!!
    • 你首先需要搞清楚的是:你是US resident 还是non-resident?之后才开始考虑应该是哪种status。至少对于non-resident来说(我的情况),如果LP是加拿大公民,即使人不在美国,也可以做为dependent来get deduction。这是同时有美加注册会计师资格的鬼老给的答复。
      • 至于ITIN,只要有美国签证,即使没有去美国,也可以申请,在加拿大各城市都有美国指定的agents,他们就可以代理申请,费用大概每人30刀多一点。
        • where can I get those agents phone No?
          • 很简单,自己直接申请就行了.
            • thanks. I knew that..I just wonder if there are any agents in canada doing those things. Otherwise, my family need to come to the States to submit the materials for ITIN application
      • Read the tax form again. US requires the sponse to stay at least 1 month to be included as dependent (it might not be enforced).
      • Hi Simon, do you mean that a TN Visa holder can can claim his/her spouse who has no TD and is living in Canada as dependent? TIA!
      • 我也有同样的问题. 是US resident 还是non-resident,怎么区分? 税务上有什么区别? 如果今年按non-resident报, 明年老婆孩子来了,能转为US resident 报吗? 请教.
        • Google and read pub 519 "U.S. Tax Guide for Aliens"
          • 如果你看过, 能帮忙解答吗? 谢!
            • basiclly if you worked + lived in the States more than 183 days in 2007, you are an alien resident otherwise Not. You can not select it yourself. The different tax forms are for resident and non-resident
              • 如果这样, 没有去美国之前, 在加拿大的收入, 也就是美国境外收入,是否也要给美国报税? 那在加拿大这边该怎么报?因为家里人在加拿大, 所以也还应该是税务居民? 这样加拿大的收入好象重复报了, 对吗?
                • for alien residence, need to counting 在加拿大的收入, non-residence, not. I don't know how to deal with tax in Canadian side, if you find info, let me know
                • Read "Dual status" chapter carefully. There is a good example under it. First year or last year in States, you may be at "dual status".
                  For myself, I stayed in Status since May, 2007. I were a dual status alien in 2007.

                  1. I were a nonresidece before I came to USA. I do not need to report income outside of USA for this period.
                  2. I were a residece between May to Dec 31, 2007. I need to report worldwide income, which I got between May to Dec 31, 2007.

                  3. Because my wife is in Canada, I have house in Canada. So I need to report worldwide income to Canada, which I got From Jan 01 to Dec 31, 2007. The tax paid for USA can be deducted as Foreign Tax Credit.
                • Hi, the one 001, 你在哪个州? 报过税了吗? 准备自己报, 还是找会计.如果找会计, 能不能介绍给我? 谢谢. 那加拿大这边你用什么表报? 有研究吗?交流一下.
                  • 报税比上班还累!我没有在当地找到熟悉美、加税法的人,所以准备自己报。我还没有开始报加拿大的税。
                    • Hi, the one, 报税是挺麻烦的. 你的意思是2007你入境前按non-resident 报, 在美国的按resident 报? 顺便问一下,你在美国哪个州? 希望将你研究的结果能学习学习. 多谢.
                      • 对,入境前,非居民。因为我没有美国的收入,所以实际上我只是打印了一个Dual Status Statement,申明我的收入为0。PM我你的联系方式,我们可以探讨探讨。
                        • Hi, the one, 有什么新进展? 我脑袋都大了.
            • Johnn answered your question. I think you still need to read it by yourself. It is not difficult as you think. I did not know anything about it one week ago.
      • According to i1040NR, a qualifying child for child tax credit must be a US citizen, a US national, or a resident alien. So I think you child lived in Canada, and was not either US citizen or national, right?
        • form 1040NR instruction的第9页中间那个column Line 7c-Dependents。 only U.S. nationals and residents of Canada, Mexico, and the Republic of Korea can claim exemptions for their dependents. 所以,nonresident也可以claim spouse,及孩子