Work in US 8 months, have families live in Canada all year

[ponytwo]

Hi Nesona

Thanks for your generous help to people like me who have cross boarder Tax filing needs. This forum really helps us a lot.

I have read through lots of discussion in this great forum. I’m wondering if you can give a comment on my thought about my TAX situation.

FACTs:
1) I’m a Canadian citizen and worked in Canada between Jan. 1st, 2015 and Apr. 30th, 2015.
2) I have RRSP, TFSA, RESP account, Canada bank account (checking&saving), and driver licence in Canada.
3) I work in an US company (with TN visa) in Los Angeles from May 1st, 2015 (by now).
4) My wife (graduate student at UofT, no income) and two kids (one 4 years old, one 3 month)
 live in Toronto, Canada (rent) and never come to US.
 They are Canadians as well.
 My wife has student loan support in 2015
 Two kids are collecting Universal Child Care benefit and child care subsidy
 They don’t have SSN or ITIN in US.
5) I visited my families in Canada every 2-3 months.

My Analysis:
1) Since I have been is US more than 183 days in 2015, I’m qualified to be US Resident Alien.
2) Since I have families, bank accounts, RRSP, TFSA, RESP, Driver licence in Canada, and I visited my families every 2-3 months, I’m qualified to be a resident of Canada as well.
3) Depends on where my permanent home is, I can choose to be either a resident of US or Resident of Canada. (Is that true?)


My Possible Actions:
In order to have the best outcome, I need to evaluate the following 3 options

A) I’m a resident of US, my wife is resident of Canada
• I fill form 1040 as a SINGLE filing status to report my global income, which means I have to pay more tax than a married filing jointly status.
• I fill form 3520A to report Foreign Trusts to IRS
• I submit form CTB9 to CRA (Canada) to report my US income
• I submit a form to CRA to ask for refunds for my TAX withholding (when I worked in Canada between Jan. and Apr.) as a deemed non-resident of Canada

B) I’m a resident of US, I elect my wife as a resident of US even she has never been US
• My wife applies for an ITIN.
• I and my wife file form 1040 as a married filing jointly to IRS to report our global income
• I submit a form to CRA to ask for refunds for my TAX withholding
• Since either me and my wife is Tax resident of Canada, The benefit (universal child benefit, child care subsidy) collected in 2015 has to be returned to CRA. (Is it true? VERY IMPORTANT to me)

C) I’m a resident of Canada, my wife is a resident of Canada
• I submit form 1040NR to IRS, only report income in US with single filing status.
• I submit form (FinCen 114) for Foreign Bank Accouts, and 3520/A for Foreign Trusts to IRS
• My wife and me file tax to CRA to report our global income and US TAX credit (not included California state TAX credit)


Any comment would be appreciated?
:?

[nelsona]

Wow. Too long. Please browse this forum and come back with short question.

[ponytwo]

Thanks, I will make it shorter and make a new post.

[nelsona]

.. after you've read a few more threads, right?

You CANNOT file 1040 as SINGLE if you are married. you can file as married filing separately.

[ponytwo]

Thank you, Nelsona.