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    cpashark's Avatar
    cpashark Posts: 2, Reputation: 1
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    #1

    Apr 27, 2007, 08:37 AM
    1040NR or 1040: which form to file?
    Commuted daily from Canada to US for over 4 years, until 10/1/06, then all moved to US.
    2005 - filed 1040NR and elected treaty provision to be taxed at joint rates, which withstood a vigorous IRS challenge.
    After moving, wife started working for State of Michigan. So for 2006, both have W-2 wages.
    Both have H1 visa status.
    Prior to moving to US, no physical presence in US, as commuted EVERY day.
    There is no Canadian income whatsoever.

    What form to file? 1040NR doesn't allow for joint US income reporting. Yet if filing two 1040NRs, how to elect treaty provision for taxation @ MFJ?
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #2

    Apr 27, 2007, 09:29 AM
    Shark:

    I believed I answered your question via email.
    cpashark's Avatar
    cpashark Posts: 2, Reputation: 1
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    #3

    Apr 27, 2007, 09:33 AM
    Quote Originally Posted by AtlantaTaxExpert
    Shark:

    I believed I answered your question via email.

    Yes, thanks very much. Your choices were very very helpful. See my reply. --Phil
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #4

    Apr 27, 2007, 09:40 AM
    Just read your email; interesting case. You may want to publish it in a tax professional publication.
    The Texas Tax Expert's Avatar
    The Texas Tax Expert Posts: 310, Reputation: 7
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    #5

    Apr 27, 2007, 10:28 AM
    I must be missing something... isn't there a box on the NR to indicate Married Individual from Canada?
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #6

    Apr 27, 2007, 01:15 PM
    TTE:

    Yes, that is how they filed in 2005. I will forward the email to you.
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