First year TN - 8833 (treaty) related questions

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octane99
Posts: 44
Joined: Fri Apr 21, 2006 2:09 am
Location: WI

First year TN - 8833 (treaty) related questions

Post by octane99 »

Hi, Nelson, I guess the following questions had been asked before in the forum. I am sorry that search function is hard to use, so I just want to double check before I file my US tax.

Regarding my case ( TN since last November, Wife and kids stayed in Canada), and my understanding of treaty XXV:

1. I can MFJ ( even my wife never come to US last year) US TAX with 1040 and report world income. I need to attach the Form 8833 which invokes treaty article XXV.

2. I and my wife can claim 2005 Canada Tuition.

3. Can I claim moving cost within Canada ( between two Canada cities)?

4. My wife has some research grant ( less than $2000) last year. According to Canada TAX guide, you do not have to report it as it is less than $3000. So I assume we do not have to report that part in US TAX?

5. Last question is a hypothesis because I want to understand the treaty better. If I claimed treaty XXV and MFJ 1040 this year, does this mean my wife is a US tax resident now, and she has to file US tax in the future even if she stays in Canada? Or I can choose to MFJ or file separately depending on which way we can save money?

As usual, thanks a lot, Nelson.
ONE WORLD
nelsona
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Joined: Wed Oct 27, 2004 2:33 pm
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Post by nelsona »

1. Sure.

2. Sure.

3. Proabaly your wife can, unless you can show that you moved because of your job, which is unlikley if you work in US. she may be able to use the expenses abgainst her income earned after moving.

4. I'm quite sure she would have to report it on your 1040.

5. you can choose the treatment on a year-by-year basis.
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
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