Serbinski Accounting Firms

Sorry for the confusion .
My question was -Can I file 1040 as residence based on presence test
and part year residence return for California -(because left california in August)?

For taking stand to file full year 1040 as residence.
Do I need to attach 8833 or any other form?

Much apppriciated ...

I am filling Normal 1040(including word income) and part year residence California 540NR form.
Is there any special form or any explanation need to attach for filing Normal 1040?

Thanks
Ron

Thank you for your informative answers, this is very helpful for me.
It was HR block. I am not able find any local tax consultant does both returns.

I have Canadian and US income after I moved to Canada and required to show them in both country returns. I am not 100% sure about calculating ...

<H4 persons are not even entitled to SSN,>
H4 person can get Tax indentification number .

<Is filing jointly an option at all for a person in an H1B status>
Yes,
Most cases File jointly will put you in lower tax.

I've talked to tax consultant and discussed to file my returned for US as Full year residence with normal 1040 based on presence test .
He told me you must file as dual-status residence because I have terminated my tie with US in aug-05 and not a green card/citizenship. (I am a landed immigrant to Canada).
He shows me “Taxation of Dual-Status Aliensâ€￾-“Nonresident at End of Yearâ€￾ document.
This way I am going to pay very high tax.

http://www.irs.gov/businesses/small/int ... 33,00.html

Please let me know if there is a clause allow me to file as full year residence alien.

Thanks

Thank you Nelsona,

I am new to Canada and moved in Aug-05. So I am going to file as “NEW COMERâ€￾ and going to show all my word income after Aug-05.
(After I moved to Canada I’ve got final settlement and my last pay(11K) from US employer.)
Also I stayed in US more than 183 days(+ last five years) this allows me to file US 1040 and 540 CA as residence.
I am planning to file first Canadian return and then take Canadian tax as credit in my 1040 (showing world income) with filing 1116 form.

I am not paying any IRS(US) tax on my AUG-DEC income from USA source (11 K) as I have to show this in my Canadian return and then taking credit in US return.

This confuse me!!.As per my understanding generally you pay tax in the place where you earned it and then take credit from residence country. In this case 11k is from USA and also taking tax credit from US return.

Thanking you!

Based on "new comer to Canada"
Paragraph from Treaty-exempt income .

"You have to report all foreign-source income that you received
after you became a resident of Canada. However, part or all of the
income may be exempt from Canadian tax if Canada has a tax
treaty with the country in which you ...

Hi Nelson,

Thank you for your expert comment.

What about my income from USA after I moved to Canada?
If I pay tax on this income in Canadian return and take credit on US Tax return that means almost I am not paying any fedral tax on my AUG-DEC income from USA source in USA. Is it ok?

Question ...

Hi,

I worked in US on H1 visa and filed tax in Year 99-04 as US tax residence. I moved to Canada as Landed immigrant in August , 2005 and started new job in Canada.
As per the no. of days presence test , I think I pass US tax residence test.
I've Also established my residence tie in Canada since ...