TN visa tax question

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hemarama
Member since: Dec 06

Posts: 10
Location:
Post ID: #PID

Posted on: 25-03-13 09:17:16

Hi,

My husband is in US on TN vias and myself and my child are in Canada. I am working in Canada. My husband is trying to file taxes in USA. How should he file, married filing separately or married filing jointly or single. If he files married filing jointly can he claim me and my child as when I am filing Canadian taxes I am claiming my son as my dependent? We are confused. I have US tax identification# but my child doesn't have.

Is it better to file as single? But then he pays more tax right. Please give advice as how to file?

Thanks,
MJ

dimple2001
Member since: Apr 04

Posts: 2873
Location: Western Hemisphere
Post ID: #PID

Posted on: 25-03-13 12:56:48

He cannot file as single while being married. In your case, most likely you are multiple status residents - you tax non-resident of US while your husband is a tax resident. However, both of you are likely tax residents of Canada (definitely you are).

Cross-border taxation is not simple and you may have to consult a tax expert. However, here is one proposal.

Your husband files US federal 1040NR as married resident of Canada - married filing separately.
You file US federal 1040NR same as your husband.
Your husband's US taxes will have his US earnings reported. You will file a zero US income on your 1040NR.

One of you can claim your son. However, the child may have to be a qualifying child for an exemption. You need to check that out.

Same with the US State tax - both file non-resident forms for the State.

Then both of you file Canadian taxes. Your husband does not have Cdn income but has to declare US income on line 104. He should do all the calculation and then take credit for the US taxes already paid. This will avoid double taxation.

In your case, you declare your cdn income on line 101 and do all the calculations. One of you can claim your son.

The other option is for your husband to file 1040 and you file 1040NR. If your husband does not have any itemized deductions, it is highly likely that filing 1040 or 1040NR will yield same results.

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Dimple2001

sudesingh
Member since: Jul 04

Posts: 2085
Location: Toronto
Post ID: #PID

Posted on: 25-03-13 20:39:03

The other option is for your husband to file 1040 and you file 1040NR.

This is what you should do.

Keep in mind don't claim for any benefit for the child or yourself, since you're not residing in the US. Same thing for your husband, ensure that he does not claim any benefit for you as well as your child.

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SS
Reiki Grand Master

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