Residing in U.S.; working in Canada

QUESTION:

Working in Canada from 6:00 A.M. until 6:00 P.M. The evening spent in the
United States. Does from 6:00 P.M. until 6:00 A.M. constitute a 24 hr.
period or is there any way around this?

david ingram replies:

I am not sure of what your question is?

1. You are taxable on your income earned in Canada. If the income equals
90% or more of your world income, you may claim full Canadian Exemption
amounts as a deduction against Canadian Tax.

2. Because you are not "living" in a province, you are not eligible for any
Provincial medical plan even if you have a card and are paying premiums. To
be eligible for a provincial medical plan, you must:
a Be lawfully admitted to Canada
b Make your home in Canada
c sleep in Canada more than 183 days

3. On your US return, you will report your world income and claim the total
of the Federal and any provincial taxes (there will not be any because you
are not a resident but you will pay the equivalent by way of a federal
surtax) plus the EI and CPP you pay to Canada as a foreign tax credit
(usually dollar for dollar) on your US 1040 income tax return schedule 1116.

From your description this would apply whether you are in the US legally or
not. For instance, if you are living with a friend in the US in a married
type relationship and have no standing, your physical presence in the US for
more than 183 days means that you are taxable in the US on your world
income.

If you are a US citizen, a green card holder or have any visa to live there,
you are certainly taxable in the USA as you will already know. If I had to guess,
I would bet that you are working as a nurse
in Canada three days a week and in the US for the rest of the time.

A

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CEN-TA Cross Border Services - Tax, Visas, Immigration
http://www.centa.com/article.php/20060810143748129