canadian holding TN working in US

frank · Post by **frank** » Fri Mar 13, 2009 3:52 pm

Sorry, there is an error in last message. should be "we need to make statement and sign that we agree NOT to claim any treat benefit." if we select to file jointly

nelsona · Post by **nelsona** » Fri Mar 13, 2009 4:57 pm

Yes you can. The treaty benefit they are talking about is excluding income or reducing tax based on claiming to be a resident of the other country.

If you file jointly, the spouse is automatically a listed dependent. Its not a treaty issue anymore.

As i said in another thread, don't over think these treaty positions.

File joingt 1040. You are allowed.

frank · Post by **frank** » Mon Mar 16, 2009 5:49 pm

I sold my house on 11/27/2008 and had some gain. Do I need to report the gain on our jointly US 2008 tax return? Because my wife and I file joint return for 2008, even though she ie nonresidence for 2008.
many thanks.

frank · Post by **frank** » Mon Mar 16, 2009 5:50 pm

sorry, I mean my canadian house.

nelsona · Post by **nelsona** » Mon Mar 16, 2009 7:24 pm

assuming your house ws your principal residence before you moved, thatyou did not rent it out, and that you sold it within 3 years of moving, you will not have any US (or Cdn tax)