In US on TN Visa - Dual Taxes

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mallick03
Posts: 2
Joined: Sat Nov 15, 2014 1:13 am

In US on TN Visa - Dual Taxes

Post by mallick03 »

Hello All,

I need advise for filing taxes and your help is greatly appreciated.

I am a Canadian citizen and have lived and worked in Canada until October 2014. I moved to USA on TN visa and have been working here since October. I do own a property in Canada and have bank accounts etc there as well. My employer has been withholding taxes in my paychecks in USA as well.

My question is that will i need to file taxes both in Canada and US? I am thinking of filing taxes in Canada as a resident and in USA as non-resident.

My wife is a US permanent resident (she has her PR for three years but has never worked so never filed tax return) and my child (one year old both US and Canadian citizen) both live with me in US now.

I plan to sell my property and remove all ties from Canada next year (i am waiting on my PR application in US which is expected in the next 5-6 months).

Thank you for your time and any advise and help.
nelsona
Posts: 18314
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona »

Because you live and work in UDS and your family is with you, the economic ties you have in Canada are not sufficient to keep you resident there. You will file a DEPARTURE return for Canada next spring with a departure date of October, See the Emigrants guide for details of what departing entails, and make sure you cese receiving any GST and CCTB benefits immediately.

As to you US filing, since your spouse already files a US return , it may simply be better for you to file joint return with her (it makes me nervous to here that she has not filed, because foreign resident green card holders almost always have sufficient foreign bank accounts etc that they must file something, but that is another issue).

Because you are arriving in US so late in year you are still entitled to file a 1040NR, but that may result in more US taxes. I would try it both ways.

I've outlined elsewhere the choices you have in first year living in US,

This does not change however that you became a Cdn non-resident in October.
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
mallick03
Posts: 2
Joined: Sat Nov 15, 2014 1:13 am

Post by mallick03 »

Thank you for the reply.
just to clarify; my wife was a student and had no income therefore she did not file tax returns in US.

Could you please send me a link to where you have given choices to first year living in US?
nelsona
Posts: 18314
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona »

Sorry, you will have to search.
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
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