Canada Vancouverite works in Seattle and wife lives in

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 Sent: Wednesday, September 17, 2003 4:30 PM
To: [email protected]
Subject: Canada - US tax help 
I live in Vancouver and work in seattle . My wife lives in seattle . My W-2 is 100,000 for this year . Can I file Married filing seperately in US (since washington is a community income state) my wife and mine income are halved so we both file for 50K each and then I file my canada income tax as resident with an income of 50K and my wife files as Canada NR and has to pay no tax as none of her income came from canada .
 I will have to pay very little tax as my income is only 50 K and not 100K while filing T1.
 Does a 100K on my W2 create any problem in this regard 
Thanks 
PXXXXXXXXX
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david ingram replies:
I do not understand why you are filing and paying tax in Canada.  It seems to me that from your description, you are both living in Seattle and you are visiting Vancouver on the weekend. Article IV of the US Canada Income Tax Treaty is quite clear from what you have said.  You are only taxalbe in Canada.   
 
It could be that you should file a "factual resident" return for Canada but in that case, you would report your $100,000 on line 104 and deduct it all as a treaty deduction on line 256. 
You had better come in and show us what you are doing in an actual "paid for" consultation. 
Call the number below for an appointment. 
David Ingram of the CEN-TA REALTY  Group
US / Canada / Mexico tax and working Visa Specialists
US / Canada Real Estate Specialists
108-100 Park Royal South
West Vancouver, BC, CANADA, V7T 1A2
(604) 980-0321 - Fax 913-9123 [email protected]
www.centa.com www.david-ingram.com 
Disclaimer:  This question has been answered without detailed information or consultation and is to be regarded only as general comment.   Nothing in this message is or should be construed as advice in any particular circumstances. No contract exists between the reader and the author and any and all non-contractual duties are expressly denied. All readers should obtain formal advice from a competent and appropriately qualified legal practitioner or tax specialist in connection with personal or business affairs such as at www.centa.com. If you forward this message, this disclaimer must be included." 
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