Working in the US, filing taxes with significant ties in Canada

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
emchard22
Posts: 2
Joined: Wed Jan 27, 2021 6:39 pm

Working in the US, filing taxes with significant ties in Canada

Post by emchard22 »

I am Canadian citizen, became a green car holder last January 2020. I am a nurse working in NY, near the US Canada border. I don't have source of income in Canada. Do I have to file taxes in Canada? I do have significant ties in Canada. My wife and kids are in Toronto, and I still have a bank account there. I also cross the border twice a month when I am off from work to visit my family. Please advise.
nelsona
Posts: 18363
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Re: Working in the US, filing taxes with significant ties in Canada

Post by nelsona »

It sounds like you still have your centre of viatl interst in Canada, so should be filing in Canada (as a resident) and US (1040 because of green card).
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
heiwang88
Posts: 14
Joined: Mon Nov 09, 2020 12:12 am

Re: Working in the US, filing taxes with significant ties in Canada

Post by heiwang88 »

Hello Nelson,

For this scenario, I am curious about the foreign tax credit cause I am in a similar situation (GC holder working in the states with tie breaker going towards Canada). So I'm filing as a resident of Canada & also a 1040.

For employment income, it is US sourced, so on the Cdn return, it'll be reported as foreign employment income & I can claim the foreign tax credit.

However, for interests/dividends from my US account, will they be also considered US-sourced or Canada sourced? I have read articles that these are 'sourced' at the tax residency of the filer - so it will be US sourced on 1040 and Cdn-sourced on the Canadian return.
And re-sourcing on the 1040 is only allowed for US citizens, not GC holders. But in that case these will be double taxed since any taxes paid here cannot be claim as a foreign tax credit. Is this true?
nelsona
Posts: 18363
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Re: Working in the US, filing taxes with significant ties in Canada

Post by nelsona »

Yoiu would be re-sourcing the interest, because non-US residents don;t pay tax on US interest. . The dividends are sourced basedo nthe company. US dividens aare taxed at max 15% on your US return, so if your tax rate is more than tahat you would re-source enough to bring the rate down to 15%.
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
Post Reply