resident vs non resident ?

[canuck1915]

Hi there I checked the definition of resident alien that requires 31 days of 2007 stay right ?
So Im out of US now and I will be staying less than 31 days when I file for 2006 now should I return early and file as resident alien or stay more out of US and file as non resident

[nelsona]

If you filed as a resident in 2006, then you will have to file as a resident until either dec 31 2007, or until the date you made yourself resident in canada.

You will most likely file a "dual-status" return (1040 and 1040NR).

[canuck1915]

I moved to us in 2006 and I havent spend 31 days in 2007 now what way to file is better


If you filed as a resident in 2006, then you will have to file as a resident until either dec 31 2007, or until the date you made yourself resident in canada.

You will most likely file a "dual-status" return (1040 and 1040NR).

[nelsona]

How you file for 2006 will depend on (a) how you filed in 2005, (b) when you became a Cdn resident again, and (c) whether ofr not it is better (ie. less US tax) if you file full-year 1040 for 2006, or dual-status for 2006.

[canuck1915]

The last time I filed for US was 2001 I guess and then I became Cnd resident
So if If I file as a non resident (assuming I will be non resident since I m still out of US ) or I can return a little early fill the 31 days to file as a resident (if that will save me money???)


How you file for 2006 will depend on (a) how you filed in 2005, (b) when you became a Cdn resident again, and (c) whether ofr not it is better (ie. less US tax) if you file full-year 1040 for 2006, or dual-status for 2006.

[nelsona]

As a Cdn, you are allowed toi file as a US resident without ever setting foot in US, soi I don't understand your questiuon.

If you have US income, file either asa non-resident, or asa resident (1040 with all income worldwide reported) and pick the lowest one.

[canuck1915]

I didn't know that I can file as a resident even if I ve never lived in US
I have to spend less thn 31 days in US in 2007 to be able to file as a non resident?

[nelsona]

As long as you live in Canada, you can spend as much time as you want in US and still file as a non-resident.

The key is WHERE DO YOU LIVE.

[canuck1915]

i will be living in us can I still file as non resident

[nelsona]

I give up. You say you will be in US less than 31 days, yet you say you will be residning in US?

Please be more precise as to which year you are talking about, and when you will move to US.

[canuck1915]

I will be living in US (prolly) this year but if I file my taxes for 2006 after I spend 31 days of in US can I file as a NOn resident ?

[nelsona]

As a Cdn living in canada you can file always file as a US non-Resident or Resident.