Does a non-resident alien (Canadian citizen) receiving social security benefits by virtue of their US citizen spouse have a 1040NR filing obligation to report their social security benefit? The social security has not had any tax withheld on it.
As far as I can tell, the answer is no when no tax is withheld. The answer would be yes if there was tax withheld and then the non-resident alien spouse would file a 1040NR with an 8833 to claim a refund back.
SSA-1042S - Non-resident alien filing requirement?
Moderator: Mark T Serbinski CA CPA
Re: SSA-1042S - Non-resident alien filing requirement?
Canadian residents, even US citizens, report there SSA benefits on their Cdn return only. So no need to file 1040NR for this. There should not be any tax withheld; if there is, contact SSA and rectify for future, and file 1040NR to get tax back.
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Re: SSA-1042S - Non-resident alien filing requirement?
No need for 8833 either. 1040NR has enough room to explain why you shouldn't report, and IRS knows this rule.
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing