Canadian in USA, who do I pay

This is our main tax information forum which deals with topics concerning Canadians living and working in the U.S., U.S. citizens contemplating working in Canada, and all aspects of Canadian and U.S. income tax and related adminstrative issues.

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rinconns
Posts: 21
Joined: Tue Feb 01, 2011 11:51 am

Canadian in USA, who do I pay

Post by rinconns »

Ok
I am getting loads of different information. Could someone please clarify my situation.

Canadian resident
Working in USA for over 183 days
L1 VISA
Working for a CDN Company and being paid into my CDN account (90,000+)
I have CDN income tax deducted.

I know I am responsible to pay Canadian tax both federal and provincial as that's where my home, car, wife kids, etc reside.

What are my USA obligations as a non resident alien? As far as the IRS is concerned, am I off the grid?

I have not filed my CDN taxes yet, I am applying for my OETC (T626 in hand) I am waiting to see what I need to do south of the boarder first.
rinconns
Posts: 21
Joined: Tue Feb 01, 2011 11:51 am

Post by rinconns »

one more thing
On my T4 my employer listed province of work as US.
I don't know if that has any bearing
hga
Posts: 4
Joined: Fri Feb 25, 2011 11:33 am
Location: Toronto, Canada

Post by hga »

Even though you are spending more than 183 days in the US, you are nevertheless considered a non-resident for US Federal tax purposes under Article IV of the Canada-US Tax convention. (Perhaps you are a “commuterâ€￾, in which case your days do not count for the physical presence test.) In any event, you are subject to US federal tax on your employment income attributable to services performed in the US.

You also have to consider tax implications at the State and local level, if applicable. For example, Washington state does not levy income tax, but if you are in Michigan, there are various localities that have income tax.

Ensure you claim foreign tax credit for any US tax liability on your Canadian resident T1 return to alleviate double taxation.

Best regards,

HGA
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