1040 or 1040NR?

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joebrown2020New Member
Topic author
Posts: 2
Joined: 13 Apr 2010

1040 or 1040NR?

Post Tue Apr 13, 2010 12:56 pm

I am a Canadian resident working in the US 300 days a year.
My company filed a 1040NR for me for the past 3 years.
This year i received my Green Card and would like to file my own return.

1. Do I file a 1040 or 1040NR?
2. Can I still take advantage of the Tax Treaty benefits I had previously?
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agnelsonCanuckAbroad VIP
Posts: 3261
Topics: 1
Joined: 26 Aug 2009

Re: 1040 or 1040NR?

Post Tue Apr 13, 2010 2:14 pm

You are residnt of US, becuase of GC, and should file 1040 now.
This site is a travel site and not best source for these topics:
TN and TD info: http://forums.immigration.com/forumdisp ... -TN-Status
For US/Cdn taxes and SS/CPP:forums.serbinski.com/index.php
US Marriage-based Immigration: visajourney.com
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mgedeonCanuckAbroad Regular
Posts: 33
Joined: 11 Dec 2008
Location: Los Angeles

Re: 1040 or 1040NR?

Post Sun Apr 17, 2011 4:26 pm

I am a Los Angeles based Attorney and CPA who handles cross-border US-Canadian tax matters. Feel free to reach me through this site if you need assistance with your US and/or Canadian tax filings.
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issaquahNew Member
Posts: 1
Joined: 18 Apr 2011

Re: first year of TN - 1040 or 1040NR?

Post Mon Apr 18, 2011 10:13 pm

Hi there,

I started working in US last APR via TN visa. My spouse came to join me later last year with TD visa.

So I have been in US more than 200 days.

Should I file 1040 or 1040NR? If 1040NR, can I file it as joint?

My spouse has no US income, but she and I had some Canadian income for the first a few months in 2010. Will our Canadian income be taxed by IRS as oversea income?

We want to keep our tax home as Canada for 2010. So we shall report my US income to CRA, right?

Thanks.
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agnelsonCanuckAbroad VIP
Posts: 3261
Topics: 1
Joined: 26 Aug 2009

Re: 1040 or 1040NR?

Post Tue Apr 19, 2011 7:17 am

You have left canada, so you should be filing as departed resident (emigrant) from canada. You cannot keep your tax home in Canada, because you left.

The best way to file in US is joint full year 1040, exempting your Cdn wages.

You cannot file 1040NR, because you have been in US too long.

read up on this at forums.serbinski.com
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