1040NR- married resident of Canada

mocha_m · Post by **mocha_m** » Fri Apr 14, 2017 2:17 pm

Hello, I am confused my filing status while I was filling 1040NR.

Me and my wife moved to US in August 2016 cuz I got a job here. We were tax resident of Canada before we moved(we both Chinese citizens). We are non tax allien resident of US for 2016.

For the filing status, should I check 7b- married resident of Canada for my spouse and also apply a ITIN for her? She doesn't have any US income.

The reason I feel confused, it is because we seems to be non tax resident of Canada from the date we left Canada(August 2016). So can I still claim her as married resident of Canada on 1040NR?

Thank you!

nelsona · Post by **nelsona** » Fri Apr 14, 2017 3:42 pm

Yes, as long as she has no US income for the year. Technically you are correct from Cdn standpoint you are non-resident, but since you had not yet established sufficient days in US to file qa 1040, you can, claim that your spouse was resident of Canada for the purposes of the claim of dependent.