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So, based on nelsona's advice, it appears that, for 2004 I will file a 1040 return (I was on a H1b since 2001 and, yes, I have an extension for 2004).

But we left the US (in early 2004) and won't be making any more income out of the US so ... <b>is there a form we use to tell them we am done or do ...

hmmm ... does seem a bit high but that is what they put on my 1098

Okay, it seems I can make form 2555 work and I could go the 1040 route. Let me rebuild my taxes using TaxCut adding in all the junk from my 1040NR and see if it works.

<b>How do I inform the IRS that this is our last tax year?</b> (such that we don't have to file a return in 2005 ???

ps ... we ...

<blockquote id="quote"><font size="1" face="Verdana, Arial, Helvetica" id="quote">quote:<hr height="1" noshade id="quote"><i>Originally posted by nelsona</i>

As I said last week:
<blockquote id="quote"><font size="1" face="Verdana, Arial, Helvetica" id="quote">quote:<hr height="1" noshade id ...

Okay .. so can I not do dual status ... 1040 for the 1st two months (worldwide income) then 1040NR for the rest of the year (US based income only)?

If so, which deductions can I copy from my 1040 to my 1040NR ... example, do I just copy my mortgage interest deduction from the 1040 to the 1040NR ???

okay ... so if I file 1040 (which is supposed to be full year) how do I exempt the 30K in US stocks I sold from my US broker at the end of the year (when I was a non-resident?)

The biggest deduction that is missing off my 1040NR but is on my 1040 is my mortgage interest ... on the 1040 return it can be used to offset my resident wages ... but its not in the itemized deductions list on the 1040 NR therefore can't use it on my 1040NR even though I have hauled all my resident ...

nelsona ... thanks for your assistance. Much appreciated. Wish I was better at this but dual status tax returns aren't done that often.
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I actually have done a 1040 as part of the dual status but I didn't copy my exemptions or deductions from the 1040 to the 1040NR (<b>perhaps ...

I lived in the states from 2001 to Feb 2004 as a alien resident. Moved back to Canada at end of Feb 2004. Doing a dual status tax return with a 1040 (resident alien) to cover jan/feb and a 1040NR (non-resident alien) to cover the rest ...

I've read Pub 519 and the 1040NR instruction manual and I ...

So the flowchart on Pg 12 of IRS Pub. 54 indicates that we have to have been 300 days in the foreign country in a single tax year in order to get the FIEI ... we don't seem to qualify ... hmmm ...

<blockquote id="quote"><font size="1" face="Verdana, Arial, Helvetica" id="quote">quote:<hr height="1" noshade id="quote"><i>Originally posted by Veronica</i>

Thanks nelsona!

Based on pub 54, as a H1B holder, I'll be qualified for foreign income exclusion as a resident alien in a Country with ...

Hmmm ... so nelsona indicates in this post http://forums.serbinski.com/topic.asp?TOPIC_ID=196 that ... exclusion of Cdn income on 1040 (with Form 2555), it is valid as long as you keep filing a 1040, and can establish the foreign exclusion criteria, which are described in IRS Pub. 54.

Guess I'll ...

To the best of my knowledge (hopefully more than just enough to be dangerous) ...

The canadian system for determining non-residency is gray. the more you look non-resident, the better your changes of being deemed non-resident ... but you still have a house (not rented at arms length), car, drivers ...

Maybe I should have clarified that, fundamentally, I am not sure on my attack plan. Seems I have two options

Option 1: File as dual status .. a 1040 for Jan/Feb and 1040NR for the rest of year. Note: can’t file Married filing joint so I will loose the standard deductions

Option 2: File a 1040 for ...

So I know I am cutting it a little close to the wire time wise buy, hey, I gotta have some excitement in my life …

Here is the situation for 2004 tax year

Before leaving the states we …<ul><li>Earned and was paid about $15000 in income during Jan/Feb 2004
</li><li>Sold our home ($50K in capital ...