Nelsona,
Regarding child tax credit....
A United States citizen who is in my situation is able to claim child tax credit. So based on XXV non-discrimination clause, a Canadian citizen should also be able to claim child tax credit. Correct??
It seems I need to take this treay position to clain child tax credit. Do I not?
Thanks.
Help needed - Part year Canadian, Part year U.S
Moderator: Mark T Serbinski CA CPA
OK..I think I finally got it...but...
By asking so many questions, I hope I have not made you think "enough is enough" and not bother helping me...
Or are you referring to Pub 519 page 10 about making a declaration? If this is the case, what about the wording
3. It seems like I am in a catch 22. Am I not?
4. If I do want to use 8833 and take a treaty position for filing 2555, what article should I specify on 8833?
Thanks!!
1. What do you mean by a note? Does this note need to be notarized? Do I write it on 1040 itself? or sepearet piece of paper?Your note that you are electing to have your spouse treated as a US resident will be sufficient. This is not a treaty position.
Or are you referring to Pub 519 page 10 about making a declaration? If this is the case, what about the wording
2. This means I will have problems using 2555 which is a treaty position, correct?If you make this choice, you and your spouse are treated for income tax purposes as residents for your entire year. Generally, neither you nor your spouse can claim tax treaty benefits as a resident of a foreign country
3. It seems like I am in a catch 22. Am I not?
4. If I do want to use 8833 and take a treaty position for filing 2555, what article should I specify on 8833?
Thanks!!
The child credit is carefully worded to require that the child have a Social Security number, regardless of the parents' citizenship, this effectively skirts the non-discrim clause, but, as I said, this seems to have been ignored by IRS.
As to all your other questions, don't worry.
And yes, the note to which I am referring is the one electing your spouse to be resident.
By the way, if you arefully read the sentence, it states that one won't use the treaty to declare themselves non-resident implies ".. and use this to exclude income". 2555 is not a treaty position. This is referring more to othertreaty exemptions, like student income, capital gains and the like.
As to all your other questions, don't worry.
And yes, the note to which I am referring is the one electing your spouse to be resident.
By the way, if you arefully read the sentence, it states that one won't use the treaty to declare themselves non-resident implies ".. and use this to exclude income". 2555 is not a treaty position. This is referring more to othertreaty exemptions, like student income, capital gains and the like.
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing