Question on W4 withholding allowance for TN visa holder

Tipsy38 · Post by **Tipsy38** » Tue Apr 07, 2015 2:10 pm

Thanks in advance for your help.

I've been living in the US for the past 9 years on a TN visa. I departed Canada for tax purposes and have been solely filing in the US since (resident alien for tax purposes, non-resident alien for immigration). I meet the substantial presence test, having only left the US for short vacations since I moved here.

My question concerns my W4 form. In the past, I've always filled this out as a non-resident alien i.e. I list my marital status as 'single' and only list one allowance per dependent (as explained in IRS Notice 1392). Since I have a wife who is a home-maker and kids, this results in a lower take home and a large refund check. This isn't ideal.

First question: Given my situation, am I filling out my W4 correctly?

Second question: Since I pass the SPT, can I file a W9 with the IRS and then fill out my W4 form as I wish (i.e. married, with however many allowance I want)?

Any advice you can give me would be greatly appreciated.

Thanks,

Dave

nelsona · Post by **nelsona** » Tue Apr 07, 2015 2:37 pm

Well, if you are having too much withheld and getting a large refund -- and you don't want this, then, yes, you are filling W4 out incorrectly.

How you fill out W4 is completely upto you as long as you come close to what you will owe IRS for the year, it doesn't matter.

W-9s are not sent to IRS, so wh y would you fill this out, and nor are w4's for that matter. just fill it out as a married individual with spouse not working. And take more exemptions if you feel it is still too high.

You are a US taxapayer, pure and simple, just like every other perosn in your office.

Tipsy38 · Post by **Tipsy38** » Tue Apr 07, 2015 2:41 pm

Thanks for your reply.

Is the "Non-resident Alien" that the IRS form refers to a non-resident alien for tax purposes (rather than immigration)? Because if that's the case, I agree that I should be able to fill out the W4 as needed.

This is the document that I'm referring to:

http://www.irs.gov/Individuals/Internat ... in-the-U.S.

Thanks again,

Dave

nelsona · Post by **nelsona** » Tue Apr 07, 2015 2:44 pm

You are not a non-resident alien, and have not been for 9 years. otherwise you would be filing 1040NR every year (I hope to hell you haven't been doing that!).

Why would IRS make you think of anything other than tax status. That is what they handle.

Tipsy38 · Post by **Tipsy38** » Tue Apr 07, 2015 2:52 pm

Yep, fair enough! And no, I certainly haven't been filing 1040NRs...

Thanks!