Canadian tax return - unused overseas employment tax credit

[Ollie]

Hi,

I am a Canadian citizen working in the US on TN visa. I had a huge amount of education credit and I used the education credit to offset all of the taxes, which I guess is required. The problem is that I never got to use my overseas employment tax credit. Is there a way to request refund from IRS for a specific amount because of this?
Thanks!

-Ollie

[nelsona]

No, this is a Cdn tax initiative. IRS has no interest in funding that.

[nelsona]

Quick question: What is your working situation that would make you eligible for OETC?
You would generally need to be working and paid by a Cdn employer, and be resident in Canada. Most TNers are neither.

besides, wasn't OETC phased out in 2016?

I'm wondering if you should be reporting any of this US income in Canada at all, and that you left canada?

[Ollie]

Hi,

I am working full time in the US paid by a US employer. I haven't filed to become a nonresident in Canada yet. I am about to get married and I was hoping to apply for my fiance to become a canadian citizen and not sure if the nonresidency was going to hurt me. Either case, I am not sure what OETC is?

Thanks,

-Ollie

[nelsona]

OETC - overseas employment tax credit. You were the one who asked about it. In any event, you aren't eligible.

If you are living and working in US, you ARE a US tax resident and a non-resident of Canada by force or the treaty.

Your fiancé will not become Cdn citizen for MANY years, so no point complicating your life for that reason. When you are ready to move back to Canada, apply at that time and they will be allowed to move with you. File your departure return with the date you went to work in US. Save your education credits for when you go back to Canada instead of wasteing them in income that you don't even have to report to Canada.