State tax with Article XXV

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craudiu
Posts: 23
Joined: Fri Sep 24, 2010 10:09 am

State tax with Article XXV

Post by craudiu »

Being a married Cdn resident, can I use Article XXV to file state income tax return (specifically NY) as married filing jointly instead of being forced as married filing separately? Or is this only valid for the federal tax (1040)?
nelsona
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Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona »

The treaty is only binding on federal.
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
craudiu
Posts: 23
Joined: Fri Sep 24, 2010 10:09 am

Post by craudiu »

Ok, tough luck then. Thanks nelsona!
nelsona
Posts: 18311
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona »

Besides, the requirement to file MFS is based on state residence of one and state non-residence of the other.
It has nothing to do with canadian of even foreign residnce, it has to do with living out-of-state, thus no "discrimination" against Canadian resident has occured, and XXV des not apply.

Your spouse could be a US citizen living in VT, and the same processwould be applied to your returns.
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
romiwaw
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