Husband in US on TN, wife stays in Canada

[Natalie2010]

Hello everyone,

Here is my situation:

* My husband went to work in the USA under TN-visa on June 1,
2009. In November, 2009 the company he works for filed the application
for H1B visa with an intention to apply for a green card afterwards.
* I am staying in Canada with our two kids. I work here, we own a
house in Ontario, Canada (join ownership), also in December 2009 we
bought (join ownership again) a house in the US (Colorado).
* He sold some US stocks in December 2009.
* I am planning to join my husband in 1-2 years after my son
finishes his studies here and the application for a green card is in the
advance stage. We plan do sell our Canadian house then.

My questions:
1. For Tax return for 2009 in US, does he go as a non-resident or a
resident- alien? He got W-2 from his employer.
Does he include his Canadian income? (He worked in Canada for 5
month in 2009).
Does he include US stocks on US only or on both US and Canada tax
returns.
I understand he files TAX return as single in US since we didn't
move with him.

Is he qualified for any credits as a homebuyer?


2. For Canada, does he do departure T1? Does he includes the stocks he
sold in US after he left Canada?

3. When we are ready to sell a house in Canada, do we pay taxes on his
part of the house ownership? Can we avoid it?

4. Do I state on my Canadian tax return that I own a house in US? What
are the consequences of it?

Thanks a lot for all your answers.

[nelsona]

as long as you sell the house within a year of moving, there will be no tax.