is possible to file 1040NR if you don't have greencard

[shsamardar]

Hello

I am canadian citizen and working in CAlifornia with H1B visa.

My wife is with me in here with combined TN and H4B visa.

from canada taxation ,we are NON residents. we left canada in 2004. for 2005,for canada, we reneted our property there and filing section 216 only for canada purposes. it is around $600 CDN that we have to pay to canada for section 216.


whole year 2005 we were in california. for 2004 taxing (preveious year taxation) we filed residency for USA because we passed 180 days test.

because we don't have greencard in here and working with visa, can we file 1040NR for USA?

the reason I am asking is that for 1040NR, may be we don't enter world income and exclude canada rental portion. although I know if we file 1040, we need to report world income but get credit of canada taxes.


1- can we file 1040 NR with above situation?
2- is there any benefit if answer to above is yes ?


Thanks for your help and support

[Mark T Serbinski CA CPA]

whole year 2005 we were in california. for 2004 taxing (preveious year taxation) we filed residency for USA because we passed 180 days test.

Because you were in the U.S. for the entire year, you must file a regular 1040 and California resident return and declare world income.