CDN citizen TN to US, working in both, how to file 8833

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

Post Reply
rradb@hotmail.com
Posts: 5
Joined: Mon Jan 28, 2019 12:09 pm

CDN citizen TN to US, working in both, how to file 8833

Post by rradb@hotmail.com » Thu Mar 28, 2019 9:47 pm

CDN citizen with stronger ties to Canada including mortgage for primary residence, license Canadian, on TN since mid May. Frequently travel back to Canada weekend work there (at least half of the weekends), and some months equal number of days as spent time off in Canada and have family ties.

2018 will file as non-resident of US, and wondering how to effectively complete treaty form 8833 and how to know what to quote (is there a filled example anywhere?)

Also wondering if travel expenses be claimed in any way for travel back and forth between jobs on either CDN or US returns.

Thanks!

nelsona
Posts: 15980
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Re: CDN citizen TN to US, working in both, how to file 8833

Post by nelsona » Fri Mar 29, 2019 10:59 am

You don't. You either file 8840 explaining your closer connection to Canada, if you spent less than 183 days in US, or, with your 1040NR that you will file, you explain on it (it has plenty space) why you are not US resident, yet.
Nelsona Non grata. Non pro. Search previous posts. Happy Browsing :D

rradb@hotmail.com
Posts: 5
Joined: Mon Jan 28, 2019 12:09 pm

Re: CDN citizen TN to US, working in both, how to file 8833

Post by rradb@hotmail.com » Wed Apr 03, 2019 9:30 pm

How does one calculate partial days in the US, in determining whether over or under 183 days?
So for example, I spent aprox 20 days travelling back to work in US from my residence in Canada - are these counted in total? On most of those days I first worked in Canada.
What are FBAR rules for non-resident either over or under 183?

nelsona
Posts: 15980
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Re: CDN citizen TN to US, working in both, how to file 8833

Post by nelsona » Thu Apr 04, 2019 10:20 am

IRS Pub 519 explains how to count days, as will the help file in your software.
Nelsona Non grata. Non pro. Search previous posts. Happy Browsing :D

Post Reply