Considerations for CDN citizen remaining NR in US while on TN

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rradb@hotmail.com
Posts: 5
Joined: Mon Jan 28, 2019 12:09 pm

Considerations for CDN citizen remaining NR in US while on TN

Post by rradb@hotmail.com » Sun Feb 24, 2019 1:11 am

Canadian Citizen working in US on TN, starting mid May 2018. Return to Canada every second weekend and have significant ties, student loan, RRSP, and other financial ties and a weekend casual position while in Canada.

Wondering if maintaining NR status is purposeful for 2019. What are the gains and losses?

Also for 2018 as US NR and working in Canada first 3 months, do I file 1040NR or Canadian taxes first?
Where can I get more info on use of treaty?

nelsona
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Re: Considerations for CDN citizen remaining NR in US while on TN

Post by nelsona » Sun Feb 24, 2019 9:01 am

Financial attachments do not make you resident. Because you have no residential attachments, you became non-resident of Canada the day you moved - even if you did not meet SPT for 2018. You should be filing a departure return for 2108, and either 1040NR, dual-status, or full year 1040 for US depending on SPT.
Nelsona Non grata. Non pro. Search previous posts. Happy Browsing :D

rradb@hotmail.com
Posts: 5
Joined: Mon Jan 28, 2019 12:09 pm

Re: Considerations for CDN citizen remaining NR in US while on TN

Post by rradb@hotmail.com » Sun Mar 03, 2019 11:27 pm

I do have a primary residence in Canada for which I am paying a mortgage and not renting. I have family in Canada as well, and return frequently.

nelsona
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Re: Considerations for CDN citizen remaining NR in US while on TN

Post by nelsona » Mon Mar 04, 2019 11:01 am

Family means spouse, and an empty house is not sufficient either, that is simply a cottage. Is that your case? It is good to present full information when asking a question on residwency, since it could involve dozens of things.

In any event, the pros and cons of TRULY maintaining Cdn residency or not have been widely discussed here.
Nelsona Non grata. Non pro. Search previous posts. Happy Browsing :D

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