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    acowin's Avatar
    acowin Posts: 5, Reputation: 1
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    #1

    Mar 7, 2009, 03:24 PM
    Income and 401K contribution on 1040NR
    I am a Canadian working in Michigan. On my W2 I have a value in Box 1 for tips and wages (ie $40,000) and a value in Box 3 Social Secuirty Wages of $43,000. In Box 12 - code (D) there is a value of $3,000 which represents a 401K contribution. Please advise which value I use for income on my 1040NR ( and on which line) and which line I put the $3,000 401K contribution.

    Thanks for your assistance
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
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    #2

    Mar 8, 2009, 04:46 AM

    Your income is $40,000 which you will report on your tax return.
    Why do you have to file 1040NR? Which visa do you have? When did you enter the U.S. Single or married?
    acowin's Avatar
    acowin Posts: 5, Reputation: 1
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    #3

    Mar 8, 2009, 11:30 AM
    I using a TN visa having filed a 1040NREZ return for a number of years. I was not sure if I could still use the 1040NREZ because I had a contribution to a 401K and I am not sure if a can deduct education expenses being a Canadian citizen.

    I have received Form 1098-T, Tuition Statement, with a $5,000 value in box 2 , amounts billed for qualified tuition of which $3,500 apply to 2008. Also $1750 in box 5 scholarships and grants. I am considered at least a half-time student in a graduate program. Do I claim these amounts on my federal return and if so do you know where.

    Thanking you in advance.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #4

    Apr 30, 2009, 12:43 PM
    The TN visa is a work visa. If you were under the TH visa for all of 2008, then you have filed as a resident alien and filed Form 1040 or 1040A.

    Yes, you could claim either a education credit or education deduction on that Form 1040 or 1040A.
    IntlTax's Avatar
    IntlTax Posts: 831, Reputation: 23
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    #5

    May 1, 2009, 07:28 PM

    1040NR would be appropriate if commuting from Canada to Michigan.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #6

    May 4, 2009, 12:17 PM
    Deleted by ATE
    IntlTax's Avatar
    IntlTax Posts: 831, Reputation: 23
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    #7

    May 4, 2009, 12:24 PM

    As you know, the IRS telephone assistance often makes mistakes and cannot be relied upon. See Code § 7701(b)(7)(B) and Reg. 301.7701(b)-3(e).
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #8

    May 4, 2009, 12:30 PM
    Concur. Once I saw you tie-breaking citation for the Mexican student, I checked to see if the Canada-U.S. Tax Treaty had the same rules.

    It does; since OP has a home in Canada, he retains residency in Canada even though he works in the U.S.

    I have deleted my original answer.
    IntlTax's Avatar
    IntlTax Posts: 831, Reputation: 23
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    #9

    Jun 13, 2009, 07:45 PM

    Glad to help.
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