TN Status - 1st year

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aclare
Posts: 2
Joined: Sun Apr 13, 2014 1:29 pm
Location: United States

TN Status - 1st year

Post by aclare »

Hi there,

I am confused about how to file my Canadian and US returns and need some help--

I have been living in New York with TN status since July 2013. I have US income from between July 2013 and the end of the year, and a W-2 from my employer.

I have Canadian wage income on a T-4 and also Canadian self-employment income for 2013.

I have been in the US for 184 days this year.

I have not filed Canadian departure, and do not want to because of the "non-immigrant" status of my TN, and as I may return to live in Canada in 2014.

-Should I file my Canadian or US taxes first?
-Does meeting the SPT and therefore being a "US Resident" for tax purposes automatically take away my Canadian residency?
-Do I file a 1040 as a US resident? How do I identify my Canadian income on the return?

Any and all help would be very much appreciated.

Thank you,

AW
nelsona
Posts: 18314
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona »

It is very dangerous, not to mention costly, to not file departure return when you ought to.
Since you do meet SPT, your choices in US are dual-status, and full year.

Lots of info here on these choices. Happy browsing.
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
aclare
Posts: 2
Joined: Sun Apr 13, 2014 1:29 pm
Location: United States

Post by aclare »

Thank you very much for your help.

I filed my US return this morning as a full-year 1040 US resident.

Now I need to file my Canadian taxes and am feeling confused. It seems I am a deemed non-resident for Canadian tax purposes, but I didn't officially meet the substantial presence test until mid-way through December 2013. Is there a way to indicate this on the return? Is that beneficial?

I had work on payroll in Canada and T4s until June 2013, and have since then done more self-employment freelance work in Canada.

How do I declare this income?

Thanks!
nelsona
Posts: 18314
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona »

When you leave Canada for a treaty country, you are considered non-resident from the day you moved.
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
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