Discussion:Canadian Citizen Working in the U.S.

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Discussion Forum Index --> Advanced Tax Questions --> Canadian Citizen Working in the U.S.
Discussion Forum Index --> Tax Questions --> Canadian Citizen Working in the U.S.

MNCPA (talk|edits) said:

21 February 2008
We have a new client who is a Canadian citizen. Client has a TN1 visa, and SSN. She began working in the US in October 07, shortly after her Visa was issued. She has a husband who is also a Canadian citizen residing with her here in the U.S. (Visa type TD-TN1 dependant, and is not allowed to work, no SSN either).

Can anyone offer some guidance on which forms to file (1040 vs 1040NR), and filing status, deductions, etc? Is a W7 required?

Thanks in advance for your input.

LKfromCANADA (talk|edits) said:

22 February 2008
Normally, we file a part year Canadian return (to the date of the move) then a U.S. "dual-status" return, however, as your client moved in October, she does not have the physical presence requirements to make her a resident of the U.S. She may may a first year election to 1) file as a full year resident or 2)file "dual status". In most cases, however, it usually works best just to file a 1040NR - These choices depend on the amount of income made before/after her move. She will need a W7 to claim her husband and kids (if any).

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