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@BC

There are restrictions on that clause, residential tie is one of them. You and your wife are considered resident of Canada for the tax purpose in 2010 if you didn't sell your house that year. Check out this link!

kwirky(kwirky)
http://www.cra-arc.gc.ca/tx/nnrsdnts/ndvdls/lvng-eng.html
(#6582814@0)
Last Updated: 2011-3-25
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  • 枫下茶话 / 美国话题 / 报税身份急问。我们2010年TN在美国工作。在加拿大有房子。是否决定了报加拿大必须按Resident,报美国的只能是Non-resident? -earthandsun(TaxTax); 2011-3-20 {439} (#6572103@0)
    我们的情况：
    A： 我太太2010年1月起持TN来美国工作。(她2010在加拿大无收入)
    B: 我自己2010年8月前在加拿大工作， 2010年8月后持TN来美国工作。
    C： 我们2010年在加拿大有一房子。
    D： 我们有两个小孩。

    问题：
    1. 我们在加拿大有房子(在双方名下)，是否决定了我们报加拿大必须按Resident？
    2. 这样报美国的就必须是Non-Resident Alien? (虽然我太太符合住满183天的Resident Alien条件，而我理论上可以NonResident Spouse treated as Resident and file-Jointly)
    • 1. House is a strong tie. If you rent it out, you can file as emigrant 2. You can file as full year resident in the US. -kwirky(kwirky); 2011-3-22 (#6575576@0)
      • Thanks! 我近期研究了税表并咨询了朋友，我自认已清楚了，准备这么报。欢迎指正： -earthandsun(TaxTax); 2011-3-22 {499} (#6576538@0)
        1. US (file jointly):
        我太太报Resident Alien因为符合住满183天的条件, 而我按NonResident Spouse treated as Resident, and file-Jointly with the whole family.

        2.Canada (file separately):
        1) My wife (file separately): Non-Resident (because she is Resident Alien in US, therefore, she is Deemed-Non-Resident in Canada according to P6 of Guide for Non-Residents and Deemed Residents of Canada – 2010, and treated the same as Non-Resident when filing tax)
        2) I file with my two kids: Resident
        • You are correct for the US returns. But for Canadian returns, your wife can't file as non-resident since she had strong ties with Canada (husband, kids, house) in 2010. -kwirky(kwirky); 2011-3-23 (#6578418@0)
          • You can file as emigrant in Canada if you rented out/sold the house in 2010. Check this link. -kwirky(kwirky); 2011-3-23 {57} (#6578438@0)
            http://www.cra-arc.gc.ca/tx/nnrsdnts/ndvdls/lvng-eng.html
          • Thanks! But I think my wife is a deemed non-resident of Canada for tax purposes, because she is a resident of US which has a tax treaty with Canada. Below is the P6 of CRA's 5013g-10e.pdf. Am I wrong? -earthandsun(TaxTax); 2011-3-24 {548} (#6581244@0)
            Were you a deemed non-resident of Canada in 2010?
            You may be a deemed non-resident of Canada for tax purposes if you were a resident of Canada in 2010, and you were also considered to be a resident of another country with which Canada has a tax treaty. You become a deemed non-resident of Canada when your ties with the other country are such that, under the tax treaty, you would be considered a resident of that other country. In this case, the same rules apply to you as to a non-resident of Canada (including the way you complete your return).
            • There are restrictions on that clause, residential tie is one of them. You and your wife are considered resident of Canada for the tax purpose in 2010 if you didn't sell your house that year. Check out this link! -kwirky(kwirky); 2011-3-25 {57} (#6582814@0)
              http://www.cra-arc.gc.ca/tx/nnrsdnts/ndvdls/lvng-eng.html
              • In the same page, it stated that since his wife is US resident, so the Canada residential tie is not that important, his wife is non-resident of Canada. -xordos(donothing); 2011-3-28 {231} (#6586484@0)
                Note
                Generally, you become a deemed non-resident of Canada when your residential ties with the other country are such that, under the tax treaty between Canada and that country, you would be considered a resident of that country .
                • You can't just take it out of the context. That note is for the previous paragraph. 'Non resident', 'deemed non-resident' and 'emigrant' are three different situations which need to be treated differently. -kwirky(kwirky); 2011-3-28 {539} (#6586747@0)
                  If you lived in another country before living in Canada and you are leaving Canada to re-establish a residence in the other country, you usually become a non-resident on the date you leave Canada. This applies even if your spouse or common-law partner temporarily stays in Canada to dispose of your home.

                  Note
                  Generally, you become a deemed non-resident of Canada when your residential ties with the other country are such that, under the tax treaty between Canada and that country, you would be considered a resident of that country .
                  • OK..I googled a little bit more, I feel as tie-breaker rules mentioned, based on closer-connection/also tax-home in US, LZ should be able to tie-break to US. -xordos(donothing); 2011-3-29 {184} (#6588730@0)
                    but anyway, I am not sure...in official web pages, the law is too long, in 3rd party lawyer web pages, they keep mentioning "...in such cases, pls contact us for assistance blahblah"
          • Thanks Kwirky! Then both my wife and I have to file Canada tax return as Residents. We have to pay more tax though. -earthandsun(TaxTax); 2011-3-25 (#6583686@0)
            • In your case, you are tax resident for both countries. You may probably use tax treaties to reduce some tax. -baffin(~噗嗤~); 2011-4-8 (#6609308@0)
        • 前几个月的加拿大收入要报给IRS吗？ -oftengo(PALO); 2011-4-19 {120} (#6630354@0)
          如果先生是TN，太太是TD签证，2010年在美国住了7个月

          用 1040NR Joint报，可以吗？

          前面4个月的加拿大收入需要报给IRS吗？
          • If you file as an US tax resident 2010, you have to report IRS your all 2010 income whatever in Canada, US or China -peteryu(雾水); 2011-4-19 (#6630614@0)

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