CANADA/USA Filing

This is our main tax information forum which deals with topics concerning Canadians living and working in the U.S., U.S. citizens contemplating working in Canada, and all aspects of Canadian and U.S. income tax and related adminstrative issues.

Moderator: Mark T Serbinski CA CPA

nelsona
Posts: 18675
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona »

adeboloj,
Please confirm that you are working in the US only, and not telecommuting from Canada.
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
adeboloj
Posts: 73
Joined: Fri Mar 24, 2017 10:50 am

Post by adeboloj »

Hello Canada81,

Thats not the message from Nelsona and I did not work remotely for a Canadian company, my employer is based in the U.S.
I happened to leave my family in Canada and go to work in the states and come home weekly or as required, so this will leave me over 183 days in the U.S for the current year if am still in the U.S by December, unlike last year I worked about 6 months in the U.S reason I spent less than 183 days.

My take is just weighing the point I have to file a resident tax with IRS if am not able to use or claim all the foreign tax paid to the U.S government in Canada.
Some people have advised me to file 1040 resident in the U.S since I will be over 183 days (just because they dont know the provision in the tax treaty between the two countries) but I want a good reason to do so- getting tax break and which one is beneficial, I thought filing as Non Resident in the U.S and coming to Canada to file resident (because my family is still here) then it will be a tax break, however it doesnt appear to be so.
I have to sit down with an accountant and see which one is beneficial, NR or resident with IRS (but definitely resident in Canada as I have strong ties here) and the implication on TN status. Since I can file NR using 8833 form having met the 183 days presence test.
adeboloj
Posts: 73
Joined: Fri Mar 24, 2017 10:50 am

Post by adeboloj »

Hi Nelsona,

I go to US to work and come home every other weekend, sometimes i work from home 1-2 days in two weeks and thats all.
The sole reason of been in the US is because of my job, i keep an apartment there where I stay when I go to the U.S and thats all
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