Canadian citizen, resident, employer but over 183 in US

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AM2000
Posts: 2
Joined: Tue Apr 24, 2018 9:12 pm
Location: Canada

Canadian citizen, resident, employer but over 183 in US

Post by AM2000 »

Hi,
I'm a Canadian citizen and resident employed by a Canadian company but travel to the US weekly to deliver client work (for my employer) Monday through Thursday on a TN visa. I spent over 183 days working in the US in 2017. I only have Canadian income-T4.
My questions:
1- Am I required to file US taxes?
2- If yes, do I file as a US Alien Resident or Non resident?
3- What forms and schedules would I need to use for my US filing, and how do I claim US taxes back on my Canadian filing?

Some help would greatly be appreciated.
nelsona
Posts: 18363
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona »

Unfortunately, by exceeding the 183 days (it does not have to be in a calendar period, any 365-day period would have sufficed), you are required to report the income earned while in US on a US return. It would be a 1040NR.

Canada will credit you for the US and state tax that you pay.

Your employer should be offering to do your taxes for having made this arrangement for you.
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
AM2000
Posts: 2
Joined: Tue Apr 24, 2018 9:12 pm
Location: Canada

Post by AM2000 »

Hi Nelson,
Thank you so much for your timely response. It’s greatly appreciated.
I’ve been reading the forum for the last while, but please help me understand few things:
1- Can I still use form 1116 to deduct taxes (FTC) on my 1040NR that were already withheld from my Canadian salary? Not sure if your feedback indicates that I would have to pay the US for all federal and state taxes due first then reclaim from Canada even though Canadian taxes were already deducted. Where do I come up with that cash!
2- If that is truly the case, what form do I use to reclaim US taxes on my Canadian filing?
3- How do I convert all the money figures on my Canadian T4 into US dollars when completing the 1040NR? Use today’s conversion rate?!
4- I don't have a tax ID # but I do have a SSN as I used to work in the US on an H1B a long time ago, do I use my SSN on the 1040NR?

Sorry for all the questions and thanks in advance for your time and help. This is really confusing and it is really hard to find help this late in tax season.
nelsona
Posts: 18363
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona »

This is US sourced income, so they get the tax. the result will be a HUGE refund in Canada, and a tax bill from US.

That is why your firm should get involved.

And this is pretty late to be thinking about this, no?
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
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