Filing full year 1040 for U.S departure year

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rsargant
Posts: 155
Joined: Wed Jan 18, 2006 1:37 am

Filing full year 1040 for U.S departure year

Post by rsargant »

Canadian couple who moved back (permanently) to Canada on March 1 - 2012.

I'm still mulling over the full year 1040 vs dual status return for 2012 taxes but I have two questions if we go the full year 1040 route.

If we file our U.S taxes after meeting the PPT in early 2013, will we be able to exclude 10 / 12ths of FIE limit of the Canadian wages we received after moving back?

Am I also correct in thinking that we don't need to take a treaty position to file a full year 1040 since we meet the SPT for 2012?
nelsona
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Joined: Wed Oct 27, 2004 2:33 pm
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Post by nelsona »

Your FEIE limit will be 10/12th of the yearly limit.

You do not have to take a treaty position, but not because of SPT, but because filing full-year is an option open to all US departees in the year of departure.

Nothing much to "mull over": you do it both ways and see which one yields lower IRS tax.
After 20 years, I am severely cutting back on responses. Do not ask specifically for my help. There are a few others on this board that can answer most questions. All the best
rsargant
Posts: 155
Joined: Wed Jan 18, 2006 1:37 am

Post by rsargant »

Makes sense. Thank you very much.

The "mulling" mainly has to do with having to report RESP/TFSA with the full year 1040. It sounds kind of painful..
nelsona
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Post by nelsona »

I would have waited to fund TFSA and RESP until jan 2013.
TFSA has no time limit for funding.
After 20 years, I am severely cutting back on responses. Do not ask specifically for my help. There are a few others on this board that can answer most questions. All the best
rsargant
Posts: 155
Joined: Wed Jan 18, 2006 1:37 am

Post by rsargant »

In hindsight, I wish we had gone that route. The R.E.S.P was opened & funded in haste by well intentioned grand parents who'd been waiting for us to move back to start it. We did not open TFSA so one less thing to worry about.

I wonder if you could help me with a point of clarification on the 1040-NR (for dual status filing). The "Income Effectively Connected With U.S Trade/Business" section has a line item for rental real estate. Are the rules for deducting rental operating losses against other "effectively connected income" the same for non-residents as they are for residents. Is it disallowed all together? It's not clear to me.

If we file dual status, my wife's 1040-NR will have an IRA distribution (roth conversion pre move). I'm wondering if her share of our rental operating losses can offset it.
rsargant
Posts: 155
Joined: Wed Jan 18, 2006 1:37 am

Post by rsargant »

Just to further clarify:

The rental operation start date is the same as the non-residency start date.
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