Canadian / US Taxes - Dual Status

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farrugia1980New Member
Topic author
Posts: 1
Joined: 15 Apr 2010

Canadian / US Taxes - Dual Status

Post Thu Apr 15, 2010 2:25 pm

Hi

So I know I am super-late on the tax stuff, but I have a bunch of questions.

I am a Canadian Citizen, who lived in the US for all of 2009. From Jan 1 - October 1 I was under F-1 status working under OPT. On October 1 I transferred to an H1-B visa. On December 23rd I quit my job in the US to move back to Canada, and thus lost all status in the US. In 2009 I only earned income in the US.

So - I think I need to file taxes in the US as a non-resident alien - Form 1040NR. Is that correct? Or do I become a resident b/c I switched to an H1-B and met the substantial presence test or whatever it is called (in the US more than 183 days).

Also - do I need to file a Canadian tax return? I have seen that other posts recommend people file a Canadian leaving tax return to cut residency ties with Canada, but since I have moved back (and am now employed in Canada) I am not sure if I am able to do this.

Any assistance would be GREATLY appreciated.

Thanks in advance

Christine
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agnelsonCanuckAbroad VIP
Posts: 3261
Topics: 1
Joined: 26 Aug 2009

Re: Canadian / US Taxes - Dual Status

Post Fri Apr 16, 2010 6:41 am

Only your days in H1 can count towards SPT, so, no you did not meet SPT, so should file 1040NR reporting US-source income.

In Canada you never reawlly left, so should report all world income as before, and take credit for US taxes as foreign tax credit.
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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