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Answer sees inside......

My issues are:
1. I am dual statas in USA, is it correct.?
Answer: I think you are an American Resident on TAX and a Canadian Resident for sure because your husband lives and works in Canada, and you have close tie to Canada .
2. I can only tax my return as a non-resident, right?
Answer: No. You need to file tax returns as Resident in both countries. But what you pay for Tax in USA and you can deduct these amount from your income as your net income in Canadian tax return.
3. If I claim as a non-resident of usa, I report my US income only, right?
Answer: You don't have choice on this issue. Go to check Internal Revenue Service website.
4. Can I claim as a full year resident of USA.? If so, I need to report both US and canada income to IRA?
Answer: No. see above.

Highly appreciate any inputs
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Replies, comments and Discussions:

  • 枫下茶话 / 美国话题 / TN第一次报税请教
    前7个月在加拿大,后4个月在美国。月工资大致差不多。
    1。 大虾们给confirm 一下,美国的收入必须在加拿大报吗?加拿大的收入也要在美国报吗?
    2。自己大概初步算了一下,如果不报美国的收入,大概可以退回3000多(有学费抵)。如果报了美国的收入后,只剩几百块了,好像以前听说过,报完美国的和不报美国,最后的结果应该差不多的阿。不知道是不是哪儿报错了?
    多谢了
    • 要看你在美国和加拿大的residency
      以我的情况, 5月到美国的
      我是加拿大non-resident,在加拿大只需要报加拿大的收入
      美国的dual status alien, 但是我elect to be full year resident, 所以我可以用standard deduction,但是我需要向美国报全年的收入,但是加拿大的工资收入可以用form 2555来抵,银行利息可以用form 1116来报
      • 我和楼主情况相似,前八个月在加拿大,后四个月在美国,只不过我在加拿大时候是学生,收入很低。我查了519,按照exam,应该是美国NR,那报美国税就没有多少deduction了。这样的情况可以自己选择作resident吗?哪里有这个elect to be resident 的规定?谢谢!
        • It is not in the pub 519. Google US-Canada income tax treaty. Ch. XXV, but it is very difficult to understand. You can elect to be full year resident.
          • thank you very much! I will check that
      • 我前五个月在美国,后七个月在加拿大,我应该怎样报?
        • 你是美国的dual status, 加拿大的resident
          • 那我是用美国的1040NR报税吗?谢谢!
          • 我不是加拿大的dual status吗?
            • There is no dual status in Canada. You need to read pub 519 US tax return guide for aliens.
            • In first year, I can elect to be resident alien or dual status of alien, but which one is better? my wife and two kids, all of us are from Canada in April. We don't have any Canadian income after we left.
              • You can calculate in both ways to see which one is better for you.
                Resident alien, standard deduction
                Dual status, itemized deduction
                • 我用TurboTax以full-year resident alien报税,如何填表2555?在我填了2555以后,TurboTax显示总的Refund一下子多了很多,几乎等于退回全部的美国收入税。这是怎么回事?如果你用TurboTax的话,能否PM你的电话给我,我想请教如何填这个2555表。万分感谢!
                  • Do I need to prorate the deduction and exemption? I lived in US less than one year. thanks
                    • If you elect to be full year resident of the US, you don't need to prorate the deduction and examption.
                      • Thank you very much! I filled 2555, but
                        there is a work sheet in 1040 instruction to calculate the difference of taxable income and foreign income, and say I also need to put in tax for the difference in 1040 second page tax line, does it mean I need pay more tax except US income tax?
                      • please help! How to fill the form 1116? why the credit I get back is less than the total Foreign interest I put in?
                        • 看pub 514,foreign tax credit 有limit, 不能超过这个,具体计算方法在514中
                          • 2555 抵加拿大工资,1116抵interest.
      • 请问,怎样申请加拿大NON RESIDENCY?现在申请07年NON RESIDENCY还来得及吗?
        • 你是什么情况? 一个人还是一家人?
        • non residency不用申请,报税的时候填上离境日期就可以了
          • 在税表哪里填离境日期? 另外问一下,如果按照non-resident 报加拿大的税 用什么税表?也是用general的form吗?
            • use General T1 and it is on the first page.
      • 我的情况
        我的情况是07年9月份TN来美 我可以申请加拿大non-resident吗?我单身,没有家人房子在加拿大,不过还有2个银行账号,主要是用来还当初学生贷款用的。不知道我这样的情况可以按照non-resident报加拿大的税吗?另外 美国这面,因为住满不够183填,不是说可以推迟报税,然后申请按照resident报美国的税吗?多谢了
        • 你离开加拿大前是加的税务居民, 离开后是非税务居民. 美国的情况不很清楚, 你自己要看看.
          • 他2007年是加拿大居民,保税的时候只需报departure return, 只报离开加拿大前的收入,和往年一样保税,但是要把离境日期写在税表上
            • 您是说加拿大的税,我不需要报美国的收入了吗?
              • 你在加拿大不用报美国收入,美国报税要报美国收入
                • 多谢你的回复 不过加拿大的税表上 不是有一项需要填other income guide上写的要把海外的收入加进来 真是糊涂 加拿大的税,到底需要不需要报美国的收入阿?
                  • Use ufile.ca
      • 我在加拿大只有前四个月有收入, employment+bank interest。作为non-resident,用什么tax package报税?银行没有withhold我的interest
        • 还有需要报provincial tax吗?我原来在安省
          • 用普通的T1就可以了, 安省你也需要保税,两个表格上都要填离境日期, ufile.ca can handle that. 如果你的加拿大income少于2万,ufile是免费的
            • 刚给cra打了个电话,他说我要用T4056报税,对吗?btw,我不是TN。 上次给cra打电话,他们说我是non-resident。 如果我用普通T1,是按resident报吗?能用studiotax报吗?
              • 请问, 你不是TN, 是什么签证? 是一家人还是单身?
            • 还有后面8个月我银行也有利息收入
            • Help please, I'm using ufile to file the tax, where to put the foreign credit? How to get this value in 1040? Thanks in advance.
              • An emigrant files RESIDENT return, but adds a departure date. He puts his last province of residence on the return.
              • If you emigrated from Canada, do not report US income.
                • thanks a lot. But I confused. My wife move to US at March 2007, then I move to there Oct 2007. So we are going to file jointly 1040, and as emigrant files resident return. we don't need to report US income. Is it correct for my case? Thank you
                  • Not correct. Look at emigrant guide of Canada. http://www.cra-arc.gc.ca/tax/nonresidents/individuals/leaving-e.html
                    When you leave Canada to settle in another country, you usually become a non-resident of Canada for income tax purposes on the latest of the following dates:

                    the date you leave Canada;
                    the date your spouse or common-law partner and dependents leave Canada;
                    the date you become a resident of the country to which you're immigrating.
                    • why not correct? I read the link you attached. For my case ...
                      why not correct? I read the link you attached. For my case, Our departure date is 9/30. (Actually when I use ufile to file tax, it allow me put departure date for individual. I put my wife's departure date as 3/1). we emigrated from Canada. So we don't have to report US income. Could you please explain more? Thanks.
                      • oh, got you. For me I don't need to report US income. but for my wife she has to. Is it your point. Then it will be very complex.
                        • I read it again. I think both of us are emigrant and don't need to report US income to Canada. Is my understanding correct?
                          If you left Canada in 2007 and keep residential ties in
                          Canada, you are usually considered a factual resident.
                          However, if you are also considered to be a resident of
                          another country for the purposes of a tax treaty, you
                          may be considered a deemed non-resident. The ordinary
                          effects of ceasing to be a resident of Canada will apply as
                          if you were an emigrant.
                          • You need to report your wifey's US income before you moved to the US to the Canadian CRA.
                          • You can let Ufile to decide which income you should report. Ufile is pretty good at emigrant returns.
                            • Thank you. I do use ufile to report. But I didn't get what you mean let Ufile to decide it? Can you explain more? Thanks in advance!
                              • Use ufile to see whether she should report her US income to the Canadian government. There must be an interview question about this.
                  • 这种情况怎么报?一个先离开, 另一个后离开, 难道先离开的美国收入也要报吗? 那个人这部分收入已经按美国的resident报了, 怎么划分?
                    • 虽然你先离开,但是你还有resident ties,所以你是deemed resident of Canada. 所以需要报给加拿大.
                      • Katyycat's case similar as mine. tAccording emigrant guide, I think you still can only report Canada income to CRA, please read this ...
                        If you left Canada in 2007 and keep residential ties in
                        Canada, you are usually considered a factual resident.
                        However, if you are also considered to be a resident of
                        another country for the purposes of a tax treaty, you
                        may be considered a deemed non-resident. The ordinary
                        effects of ceasing to be a resident of Canada will apply as
                        if you were an emigrant.
        • 你是单身吗?不是TN, 没有拿到公民? 美国什么签证?
      • 我们qualify 2555吗?在2555的instrucitons里说 if both apply: a. you meet the tax home test b. you meet the bona fide residence test or the physical presence test 我们是怎么满足这两个条件的?
      • My case is that I worked in Canada for 6 months, then worked in US for 5 months since Aug. 2007. My husband lived and worked in Canada.
        My issues are:
        1. I am dual statas in USA, is it correct.?
        2. I can only tax my return as a non-resident, right?
        3. If I claim as a non-resident of usa, I report my US income only, right?
        4. Can I claim as a full year resident of USA.? If so, I need to report both US and canada income to IRA?

        Highly appreciate any inputs.
        • Answer sees inside......
          My issues are:
          1. I am dual statas in USA, is it correct.?
          Answer: I think you are an American Resident on TAX and a Canadian Resident for sure because your husband lives and works in Canada, and you have close tie to Canada .
          2. I can only tax my return as a non-resident, right?
          Answer: No. You need to file tax returns as Resident in both countries. But what you pay for Tax in USA and you can deduct these amount from your income as your net income in Canadian tax return.
          3. If I claim as a non-resident of usa, I report my US income only, right?
          Answer: You don't have choice on this issue. Go to check Internal Revenue Service website.
          4. Can I claim as a full year resident of USA.? If so, I need to report both US and canada income to IRA?
          Answer: No. see above.

          Highly appreciate any inputs
          • She is dual status. But she can elect to file as US resident for the whole year. If she make that election she must report her world income to the US. Use form 1116 to take foreign tax credit and 2555 to exclude her Canadian wage.
            • 2ND CLASS FISHMAN and Kwirky, you seems very professional on the tax return of dual status. Could you please help me clarify the following issues.
              1. I lived in US no more than 183 days on 2007. Can I claim as a resident, or I must claim as non-resident. I read the pub 519 regarding the resident claim, it seems I must claim as a non-resident on 2007.
              2. Can I use TurboTax to register my tax return?

              Thank you very much for your time.
              • 1. US resident for the whole year. 2 Yes. You need to add the form 1116 and 2555 manually then turbortax will ask you a couple of question regarding your foreign tax credit and wages.
                • I also have UCCB income for four months, where should I fill in 2555?
                  • 2555 is for wage only.