1040 for whole year (otherwise dual-status), Article XXV?
Moderator: Mark T Serbinski CA CPA
Please reread the the first 2 articles in XXV, and ak your self "How would I file if I were a US citizem and had been in exactly the same circumstances as I am right now.?
What extra burden/restyriction is being placed on me by being a non-resident, that I would not face as a US citizen?".
Then ask yourself if the non-discrimination clause doesn't prevent a Cdn from being discriminated vs. an American, then why is it in the treaty?
I would also point out that there are 100's of Cdn living in Canada, who had US-born children, who were filing 1040s every year to claim the child tax credit, and not 1 has come here or anywhere else saying that their 1040 had been denied.
And note that what you originally were wanting to do is not permitted for US citizens either, that is why it was mentioned in that article you quoted.
What extra burden/restyriction is being placed on me by being a non-resident, that I would not face as a US citizen?".
Then ask yourself if the non-discrimination clause doesn't prevent a Cdn from being discriminated vs. an American, then why is it in the treaty?
I would also point out that there are 100's of Cdn living in Canada, who had US-born children, who were filing 1040s every year to claim the child tax credit, and not 1 has come here or anywhere else saying that their 1040 had been denied.
And note that what you originally were wanting to do is not permitted for US citizens either, that is why it was mentioned in that article you quoted.
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing
I would be curious to see any written proof to back up your assertion that "some advisors would disagree with nelsona's advice that a joint return can be filed for nonresidents under the treaty".
I'd gladly read even one.
I'd gladly read even one.
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing