confusion for commuter GC holder to report off-shore account

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jhuang1213
Posts: 28
Joined: Wed Nov 26, 2008 12:12 pm

confusion for commuter GC holder to report off-shore account

Post by jhuang1213 »

I am living in Canada and commuting to USA to work and has commuter GC status for 5 yr. I always applied treaty and use 1040NR.

Since I am using 1040NR, I never used FBAR, 2555, 3520, 1116 or 8891 to declare my Canadian accounts. Should I declare those accounts even though I am using 1040NR? The recent News said IRS is cracking down offshore account holders and all GC holder needs to report their oversee accounts.

Thanks in advance.
nelsona
Posts: 18363
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona »

Given that you are applying the treaty, you do not have to report INCOME form off-shore accounts.

But, please remember that the treaty election to file 1040NR does NOT remove your obligation to report FBAR, trusts etc. it only affects your income tax reporting/calculating.

You should have always been reporting these accounts.
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
jhuang1213
Posts: 28
Joined: Wed Nov 26, 2008 12:12 pm

Post by jhuang1213 »

Thanks, Nelsona.

what Form/s should I use to report my following accounts and do I need to go back to last 5 yrs to amend the returns:

RESP
Personal RRSP (I assume 8891)
Group RRSP
Checking

My wifes accounts (since she is only in Canada, I do not need disclosing her account as 1040NR filer, correct):
RRSP,
Checking

Thanks
Jin
nelsona
Posts: 18363
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona »

I think I'll let you or others figure this out.
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
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