US tax for a Canadian working in US for less 100 days

sea987 · Post by **sea987** » Mon Mar 05, 2012 3:14 am

Hello, I need some advices about how to file US tax in my situation. I was working in US with TN1 for about 4 months and commuting back to Canada every weekends in 2011. So, I was in US about 80 days. I was never working in US before 2011. Now, I am back to Canada. I received W-2 form from my previous employer in US. What should I do to file US tax and how to claim tax treaty? Any advices will be highly appreicated!

Thanks,

Sean

nelsona · Post by **nelsona** » Mon Mar 05, 2012 8:53 am

You remain a Cdn resident, thus need to report all world income on your normal Cdn return.

File a 1040NR to report the W-2 income, and possible get back any IRS tax you paid. Only if you earned less that $10K can you claim treaty and not pay any IRS tax.

File same for your state (a non-resident return), you may owe some tax there. No treaty exemption.

You take any fed and state tax you finally pay, plus any SS/Medicare/Fica you paid, and these will be used as foreign credit on your Cdn return.

sea987 · Post by **sea987** » Mon Mar 05, 2012 11:54 am

Hello Nelsona,

Thank you so much for your quick response and information. I made less than 3k in US during about 80 days. Should I still fill 8938 to report my Canadian bank information to IRS? Is that 1040NR is the only form I need to fill for US tax?

Again, thank you so much for your help!

nelsona · Post by **nelsona** » Mon Mar 05, 2012 12:14 pm

Only 1040NR. You don;t have any other reporting requirements.

sea987 · Post by **sea987** » Mon Mar 05, 2012 1:16 pm

THANKS!

sea987 · Post by **sea987** » Sun Mar 11, 2012 3:38 pm

Hello nelsona,

Thank you very much for your help! Do I need to file 8833 for US-Canada tax treaty to get back 30% tax withhold? I'll pay full tax in Canada.

Again, I really appreciate your great help!

sea987 · Post by **sea987** » Sun Mar 11, 2012 3:40 pm

Hello nelsona

Sorry, I made a typo. I made less than 30K in US in 4 month. Do I need to file 8833?

Thanks,

JGCA · Post by **JGCA** » Sun Mar 11, 2012 3:41 pm

As Nelsona said you need to file the 1040NR this is the tax return which will get you the refund, the 8833 has no bearing on the refund at all just file the 1040NR

sea987 · Post by **sea987** » Sun Mar 11, 2012 4:08 pm

Thank you very much!