Non Resident Alian in USA from Canada

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Non Resident Alian in USA from Canada

Post by InTown » Sat Jan 15, 2011 1:27 am

New to this forum. Hope to be able to help others in the future.

Since TN is a Non-Resident status entry visa, does it by default imply that I have closer ties to Canada and thus exempt from the substantial presence test in the US. Have been in the US for exactly 2 years. Been back to Canada maybe 1 month in 2 years.


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Post by nelsona » Sat Jan 15, 2011 6:55 am

No. TN does not require foreign ties; neither is it exempt from SPT.

In fact, even tourist status, which doesw require overwhelming foreign ties, does not exempt one from the SPT.

Only student and exchange worker are exempt from SPT.

You ahve been US resident alien, and Cn non-resident since Jan 2009 and should have neen filing your USA taxes (and no loner filing in Canada at all) since then.
Nelsona Non grata. Non pro. Search previous posts. Happy Browsing :D

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