American's stated world wide income for the CRA

Jonhello · Post by **Jonhello** » Tue Aug 18, 2015 8:36 am

My wife is a Canadian citizen receiving a Canadian wage. She is filing taxes each year in Canada. The CRA is asking for my net wage (world wide income). What number from my US tax number should I give them?

nelsona · Post by **nelsona** » Tue Aug 18, 2015 8:53 am

I would put AGI, 1040, line 37.
This is merely used so that she does not claim any Cdn benefits as if you made no income. She forgot to put this on her return?

Jonhello · Post by **Jonhello** » Tue Aug 18, 2015 9:26 am

She actually has noted this in her tax return but now they are asking for it again concerning Child tax benefit. I just wanted to make sure that what she has been stating in her tax return is correct as well as to confirm what she needs to report to the CRA concerning the child tax benefit.

nelsona · Post by **nelsona** » Tue Aug 18, 2015 10:03 am

Is she living in canada (filing as a Cdn resident) or is she merely using a return for a particular province because she works there?

If she is not living in canada, she should not be claiming the child tax benefit.

if she is non-resident, did she include form T1248 (schedule D), which she should have attached to her return?

nelsona · Post by **nelsona** » Tue Aug 18, 2015 10:06 am

same for the GST/HST credit. Non-residents do not get this.

Jonhello · Post by **Jonhello** » Mon Jan 11, 2016 4:22 am

She is filing as a Canadian factual resident (see http://travel.gc.ca/travelling/living-abroad/taxation).

nelsona · Post by **nelsona** » Mon Jan 11, 2016 9:40 am

"Factual" resident hardly ever applies to people living in US. The US-Canada treaty doesn't allow for anyone to be resident in both countries. Merely working in Canada (even physically in Canada) doesn't override the facts that she (and you) live in The US.
Be careful making a claim based on the treaty when the treaty lines up against you.

She is at best a deemed non-resident.

nelsona · Post by **nelsona** » Mon Jan 11, 2016 9:43 am

I reviewed your history and saw that we've already settled this issue. Ignore previous post.

Since you don't come here often, it might be good to just remind us of your situation when posting a question.