TN visa & TD visa tax questions

danat · Post by **danat** » Thu Jan 19, 2012 1:57 pm

Hi all,

I was hoping someone could shed some light on our tax filing confusion. Our situation is as follows:

I worked for all of 2011 on a TN visa in the US. My wife joined me in July 2011 on a TD visa - she's had no income in the US, but spent the first half of 2011 working in Canada.

Our questions

1. When filing in the US, which form do I need (I'm guessing 1040)?
- Does my wife need to apply for a ITIN?
- Should we file separately or jointly?
- Should I claim my wife's Canadian income?

2. When filing in Canada, I gathered on this forum that I may be better off filing as a non-resident?
- Do I need to apply for a non-resident status somehow?
- When my wife files Canadian taxes, should she file separately?
- Do I need to file anything in Canada at all? If yes, what?

Thanks in advance for any info!

JGCA · Post by **JGCA** » Thu Jan 19, 2012 5:06 pm

You are probably still a CND resident , if you are not then what date you left Canada will be your departure date you will file a tax return as of tehat date to Canada not beyond, if you intend to return to Canada then you will still file a CND tax return and a US 1040 NR.

You can a US 1040 full, dual status or 1040NR, either married single or jointky your wife will also file with you . Canada will give you credit for any US tax you paid if you are a resident if not you file no CND tax return after date you left.

nelsona · Post by **nelsona** » Sun Jan 22, 2012 1:51 am

Noting in the post would indicate that they are still Cdn resident.

He departed some time in 2011 (or even 2010) and she left in July. At the very least they are emigrants as of July, and he is probaly non-residnt all year.

JGCA · Post by **JGCA** » Mon Jan 23, 2012 9:13 pm

Probably is as you say

karma · Post by **karma** » Wed Apr 01, 2015 9:36 pm

Old thread : but have the similar quesiton;

1. When filing in the US as jointly
- Does my wife need to apply for a ITIN?
- does she need to file FBAR and FATCA etc - she is only on TD and does not work.

nelsona · Post by **nelsona** » Thu Apr 02, 2015 8:55 am

1. Yes for ITIN, and yes, she should join you on FBAR and FATCA, etc.

karma · Post by **karma** » Thu Apr 02, 2015 8:28 pm

thanks! So from what I read I will need to send W7 along with the return. I cannot get ITIN online or have time now to receive it and then apply.