Canadian Working in the US wants to know about w

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Would filing a 1040 NR be better in this case , Is it possible 
 
 
 
-----Original Message-----
From: [email protected]
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Sent: Monday, February 09, 2004 11:24 PM
To: CENTAPEDE
Subject:  Canadian Working in the US wants to know about what tx
return to file. Ask an income tax expert consultant planner advisor experts
conmsultants planners
 
This question and others can be answered free of charge. 
 
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I work with TN visa in US since Feb 2003. My wife is still working in
Canada. She has CAD$20,000 income last year and I got one month's EI in
Canada in 2003. Now I will begin to fill the Form 1040 in US. 
(1)   Could we use the "Filling Status" as "Married Filling Jointly"?
(2)   If we could, we may reduce tax in US. But should we pay tax back in
Canada?
Thanks in advance
   _____  
david ingram replies:
 
If you intend to move permanently to the US and have started the process and
Your wife is waiting for you to get green (resident alien) cards, so that
she can move as well and work in the USA from the first day, then you are a
US resident and would not pay tax on that money to Canada.
 
If you are just working there temporarily and intend to stay in Canada, then
your US earnings are taxable in Canada after you have paid your tax to the
US.  
 
It is NOT double taxation however.  After calculating the US return, the
amounts are converted to Canadian $$$ and tax must be calculated to Canada.
>From the calculated amount you would get to deduct most, if not all, of the
tax paid to the US from your Canadian taxes.
 
So you are correct about the joint return.  Even though you could file a
joint return, it will do you no good whatsoever.
 
 
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