Borderline residency

This is our main tax information forum which deals with topics concerning Canadians living and working in the U.S., U.S. citizens contemplating working in Canada, and all aspects of Canadian and U.S. income tax and related adminstrative issues.

Moderator: Mark T Serbinski CA CPA

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elk
Posts: 8
Joined: Sun Mar 13, 2011 12:32 pm

Borderline residency

Post by elk »

First, I would like to thank you for providing this wonderful resource - it's been very helpful and I've learned a lot from reading others' posts.

My question is about preferred filing options: I qualify for non-residency status for Canada, and I am a US resident for tax purposes since I passed the PST. After extensive reading of the IRA and CRA guidelines, I believe I have the filing options:
[b]Canada:[/b] a) file a non-resident/departure , or b) file as a resident for part of the year (Jan-June)
[b]USA:[/b] a) file a full resident, or b) file a dual status.

After reading the convoluted definition of "residency" from the CRA, I'm pretty sure I'm a non-resident, even if it comes down to the "tie breaker" rule. I still have an active bank account, but I have to keep it since I'm paying off a loan. I visited Canada few times since I left, but I have to assess there whatsoever.

So...based on the little information I've given, do I [b][i]wan[/i]t[/b] to file as a Canadian non-resident, or is it better to file as a Canadian resident for part of the year? And should I file dual or full in the USA? I have 2 months of overlap from a Canadian employer when I was in the U.S. (<3000), but I didn't receive any U.S. income while I was a resident in Canada.

Also, can I use TurboTax to prepare both returns (regardless of how I file)? Do I need to be aware of the Tax Treaty implications? Or will the software factor that in.

Thanks a lot for your help!

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elk
Posts: 8
Joined: Sun Mar 13, 2011 12:32 pm

Update

Post by elk »

...definately a non-resident of Canada. Even if my bank account was considered a significant resident tie, I'd be deemed a non-resident by Article IV of the Canada-US Tax Treaty. But, if I understand correctly, the rules are the same? What are the implications of filing as deemed non-res vs. non-res? (I have to specify this in TurboTax)

Question still remains whether it's preferable to file a dual for full 1040.
nelsona
Posts: 18377
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona »

For the year of departure, you can only file as DEPARTING resident (or EMIGRANT). Deemed resident does not apply to you, and non-resident will only apply in subsequent years after departure.
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
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