I am having trouble determining my residency. For tax purposes, am I a Canadian resident or US resident? I moved down to the US in Sept 2010 for employment on a T1 visa (I do not meet the “substantial presence test†of 183 days for US filings). I am renting out an apartment in the US with a roommate. I am single with no children, do not own/rent a home in Canada, no medical insurance in Canada. However, I have parents/friends living in Canada so I visit Canada about twice a month plus holidays. I also have Canadian bank accounts, Canadian driving licence, Canadian passport, and credit cards issued in Canada. I also keep minor personal possessions at my parent’s home in Canada. My plan is to pursue further education in Canada in June 2012, so I do not plan on staying in the US for the long haul. I would prefer not to fill out the form NR73 because it looks lengthy and I don’t know how long it will take for the CRA to get back a response. Am I a Canadian resident or US resident or is this a “moving year†for me and I am technically both?
Also, what forms do I need to file for my situation?
Thank you very much for your help!
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Residency
Moderator: Mark T Serbinski CA CPA
You are a departing resident of canada -- and emigrant. Search for emigrant on thios forum for hundreds of threads that explain this. Happy surfing
After 20 years, I am severely cutting back on responses. Do not ask specifically for my help. There are a few others on this board that can answer most questions. All the best
Thanks nelsona. I've searched this forum and got some good info.
I just wanted to confirm a couple things...
I moved to the US in Sept 2010. Before this, I lived in Canada and went to school (no income, no property/investments). I have a W2 from my US employer. I plan on filing a regular 1040 and declaring my worldwide income (which will actually end up just being my US income since I have no Canadian income). As such, I have no foreign tax credits.
1) I plan on taking the standard deduction, rather than the itemized deduction.. is that right?
2) Considering my situation (no Canadian income/property/investments), do I just file the 1040 and 8833?
3) I am filing 8833 in order to file the regular 1040 for the entire year. From the posts I've read, the applicable treaty is XXV. Is that right? Also, how do I fill out for the following line items on form 8833:
-List the Internal Revenue Code provision(s) overruled or
modified by the treaty-based return position
-List the provision(s) of the limitation on benefits article (if any) in the treaty that the taxpayer relies on to prevent application
of that article
-Explain the treaty-based return position taken. Include a brief summary of the facts on which it is based.
Thank you very much.
I just wanted to confirm a couple things...
I moved to the US in Sept 2010. Before this, I lived in Canada and went to school (no income, no property/investments). I have a W2 from my US employer. I plan on filing a regular 1040 and declaring my worldwide income (which will actually end up just being my US income since I have no Canadian income). As such, I have no foreign tax credits.
1) I plan on taking the standard deduction, rather than the itemized deduction.. is that right?
2) Considering my situation (no Canadian income/property/investments), do I just file the 1040 and 8833?
3) I am filing 8833 in order to file the regular 1040 for the entire year. From the posts I've read, the applicable treaty is XXV. Is that right? Also, how do I fill out for the following line items on form 8833:
-List the Internal Revenue Code provision(s) overruled or
modified by the treaty-based return position
-List the provision(s) of the limitation on benefits article (if any) in the treaty that the taxpayer relies on to prevent application
of that article
-Explain the treaty-based return position taken. Include a brief summary of the facts on which it is based.
Thank you very much.