1040NR

spocket · Post by **spocket** » Sat Feb 03, 2007 12:49 pm

Hi

I am canadian living in Canada commuting daily in Michigan for work. I always filed a 1040NR as "single" for 6-7 years. It took me a while to figure it out the first time, but then it was easy for the other years: just fill the same way with the new numbers.

I got married in 2006. and now I just need to figure out how to file correctly again. My wife lives and work in Canada. She brings back about 35-40% of our joint income.

For simplicity reasons, I'd like to keep filing a 1040NR, although I read here that filing a regular 1040 is also an option. I just need to figure the correct way to file.

- Is there such thing as filing a 1040NR as "married filing jointly"? I do not see this option in the tax table.

- When I fill the 1040NR, should I check the box "7B" for claiming 2 base exemptions rather than 1? No details in the instructions...

From reading other threads related, I see it may be beneficial to consider invoking the article XXV(4) and using a 1040 (MFJ) to establish the tax rate to report back in the 1040 NR. In this case, do you also include the 1040(MFJ) sheets for reference?

I am considering hiring somebody to do my US taxes just for this year since I would be curious about the scenario above but I am really not confident with this stuff. However I would like to have references, since Ai had bad experiences working with H&RB long time ago. Any body knows somebody in Windsor (ON) to recommend?

nelsona · Post by **nelsona** » Sat Feb 03, 2007 1:41 pm

If you read the 2 o 3 posts below this one, you will see that their is a treaty position that fits your case exactly: XXV(2).

There is no MFJ 1040NR, and that is a problem that is fixed with XXV(2).

spocket · Post by **spocket** » Sat Feb 03, 2007 1:55 pm

[quote="nelsona"]

There is no MFJ 1040NR, and that is a problem that is fixed with XXV(2).[/quote]

Ok, I understand.. No MFJ on 1040NR => "MFS" column in tax table if not using article XXV.

Am I still allowed to claim one additional exemption by checking box 7B for my spouse though?

spocket · Post by **spocket** » Sat Feb 03, 2007 2:21 pm

[quote="spocket"][Am I still allowed to claim one additional exemption by checking box 7B for my spouse though?[/quote]

Nevermind.. After looking into it further, I see I can't.

Thanks for the valuable information provided on this site!

p.s. Still looking for a tax pro in Windsor, ON if anybody has one to recommend.

telly1 · Post by **telly1** » Sat Feb 03, 2007 3:35 pm

Spocket, I think you'll have a tough time finding someone to file a 1040 for you...everyone I've talked to thinks I'm nuts. ;) Not only that, I think they'll charge you an arm and a leg. Give it a try yourself. Nelsona is very helpful if you get stuck somewhere.

nelsona · Post by **nelsona** » Mon Feb 05, 2007 1:02 am

You can claim your CDn resident spouse, as long as she has no US income.