Report, Or Not-Report, W2 wages?

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NewbFiler
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Joined: Tue Apr 02, 2024 12:46 pm

Report, Or Not-Report, W2 wages?

Post by NewbFiler »

Hoping someone can tell me what the "right" way to do this is.

I'm a non-resident alien for US purposes (Canadian who did some work in the US). Work was in short stints over multiple states, and I had maybe 30 days max in the US. My Canadian employer gave me W2's for each State I worked in, but they show Box 16 State wages, with nothing reported in Box 1 for Federal wages.

I was googling, and I guess Article XV(2) says I'm exempt from reporting my "W2" income for US Federal tax purposes.

But I don't have anything in Box 1 on the W2's. Does this mean I just file a blank 1040 with zeroes? Or do I add up what was US-Source (My combined State income) and put that on Line 1a, and then deduct it via Line 1k?
nelsona
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Re: Report, Or Not-Report, W2 wages?

Post by nelsona »

There is a difference between non-taxable and not reportable. Your W-2 income is to be reported in US, and then exempted by the treaty article you mention.

You would report it on a 1040NR.
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
FunTopic
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Joined: Wed Apr 12, 2023 12:01 pm

Re: Report, Or Not-Report, W2 wages?

Post by FunTopic »

Your State W2 income is US-source, meaning it's Federal income too. But assuming you're under 183 days, and have a foreign employer making the payments to you, that income would be Treaty-exempt.

The correct way to report that income for Federal purposes is on Schedule OI. It then flows through to Line 1K, where it kinda sits as a "Declaration", but doesn't impact the 1040NR taxable income calculations. Nothing should be on Line 1A.

You also will have a bunch of State filings, but you probably already know that.

NewbFiler wrote:
> Hoping someone can tell me what the "right" way to do this is.
>
> I'm a non-resident alien for US purposes (Canadian who did some work in the
> US). Work was in short stints over multiple states, and I had maybe 30 days
> max in the US. My Canadian employer gave me W2's for each State I worked
> in, but they show Box 16 State wages, with nothing reported in Box 1 for
> Federal wages.
>
> I was googling, and I guess Article XV(2) says I'm exempt from reporting my
> "W2" income for US Federal tax purposes.
>
> But I don't have anything in Box 1 on the W2's. Does this mean I just file
> a blank 1040 with zeroes? Or do I add up what was US-Source (My combined
> State income) and put that on Line 1a, and then deduct it via Line 1k?
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