Dual Status Return Extension question

jkcad · Post by **jkcad** » Fri Apr 15, 2011 12:01 pm

Hello Everyone,

I will be filling dual status tax return for year 2010.

I need to file for extension for filing my taxes in US for 2010.

1) I am wondering if i fill incorrect information on for 4868 like total tax liability for 2010 and total payments etc. Will that cause any issues for me?

2)Also, Do i need to write dual status tax return on the top of form 4868?

Any help will be appreciated.

thanks
JK

nelsona · Post by **nelsona** » Fri Apr 15, 2011 1:13 pm

1. Not a "problem", but you need to pay the estaimated tax correctly.
2. No.

Any particaulr reason why you are filing dual status instead of either 104oNR or beterr yet, full year 1040?

jkcad · Post by **jkcad** » Sat Apr 16, 2011 2:11 pm

Thanks Nelsona for your timely reply. Really appreciate it.

Now this is my first time i am filling for taxes in USA, So I am filling for dual status return as i worked for first 5 months of 2010 in Canada and next 7 months in USA. My company moved me here on June 1, 2010.

Can you Please guide me if I am correct in filling for dual status return?. I am married and my wife is on F-1 visa in US and moved along with me here in US.

Since I am only resident of US for part of the year, I will not be able to file for Married filling joint return also. I will be filling for married filling separately in US.

thanks
Jkcad

nelsona · Post by **nelsona** » Sun Apr 17, 2011 8:05 am

Cdns can always file joint full-year. The fact that you meet SPT also allows you this choice. It is almost always better.

jkcad · Post by **jkcad** » Sun Apr 17, 2011 12:30 pm

[quote="nelsona"]Cdns can always file joint full-year. The fact that you meet SPT also allows you this choice. It is almost always better.[/quote]

Nelsona,

Thanks for your reply.

I thought according to the 1040 instructions, if I am non-resident for part of the year, I cannot file for joint return. Can you please point me to correct document where i can read about this.

I have filed for extension as Married filling separately, can i later file taxes as Married filling jointly?

Also, if I file for joint full year taxes, will i then need to report my Canadian income?

Similarly, when i file for canada, Do I need to report my US income?

thanks
JK

nelsona · Post by **nelsona** » Sun Apr 17, 2011 5:00 pm

You are Cdn citizen, and this not subject to IRS regulations, if the treaty benefits you, which it does.

Besides, anyone can elect, if they meet SPT and are married, to file joint full year, without even applying treaty.

Please read other posts on this. This is a dead issue.