Canadian with Canadian Employer working in USA

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
icefisher
Posts: 3
Joined: Tue Dec 15, 2015 7:30 pm

Canadian with Canadian Employer working in USA

Post by icefisher »

Hi, I've searched the forums and haven't found anything quite the same as this, so please link me if this has already been answered:

I am a Canadian citizen. My spouse is a US citizen. I work but she does not and she has no income (recent past, present, or near future).

Until Oct 1, 2019 I was employed by a US employer in the USA (under TN). On Oct 1 both my wife and I moved back to Canada, and are now living there with no residential ties to the USA. I am now employed and paid (salary) by a Canadian company however about 75% of my work for the rest of the year will be performed while physically present in the USA (under TN). Future years are expected to be similar 75% workload. If I file as a dual status for 2019 in the USA, my calculations show that I will owe considerably more taxes due to not being able to claim a personal deduction (x2) and the requirement to file single for the full year. As I understand, I have the option to file as a resident for the full year due to having an American spouse.

Below are my questions:

1) Do I need to elect to file as a resident via my spouse or does the Substantial Presence Test leave me as a resident for the full year anyway (unless I make a closer connection election)?
2) If I file in the USA as a full-year resident do I pay taxes to the CRA for Oct 1-Dec 31 and deduct from my US taxes, or the other way around?
3) After Dec 31, if I am no longer a US tax resident (rescind election or never make election), should I be paying US taxes for the portion of time I am in the USA? If so, how do I calculate which days I owe US tax, especially days where I am paid to travel between countries?

Thank you.
nelsona
Posts: 18359
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Re: Canadian with Canadian Employer working in USA

Post by nelsona »

Since your spouse is a US citizen, you certainly can file a 1040 joint with her to benefit from all the normal deductions, exemptions etc.
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
Post Reply