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    adnan512's Avatar
    adnan512 Posts: 1, Reputation: 1
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    #1

    Apr 17, 2006, 05:06 PM
    1040 or 1040NR (TN daily commuter)
    Hello,

    I am a canadian citizen daily commuting to Buffalo, NY on a TN visa for past 5years and filing 1040NR as married filing separately. I also declare my income and get the foreign tax credit in Canada.

    I have been told by an accountant that I could file IRS form 1040 and choose Married filing jointly status and save more taxes instead of filing 1040NR.

    I have checked the old tax table and I can get a refund of $8,000+ based on married filing jointly.

    Can I file 1040 instead of 1040NR?

    If I can file 1040 would I be using 1040X for ammendinf tax year 2002-2004?
    Would I have to file separate 1040x for each year?
    By filing 1040 would I have to declare my rental income from Canada in US return?

    Any help would be appreciated.

    Thanks
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Apr 17, 2006, 06:54 PM
    It's too late for amend the 2002 return; the deadline for that amendment passed on Saturday.

    I do not see HOW you can file as a resident alien if you do not actually live here. Per page 6 of IRS Pub 519, you cannot count the commute days in the Substantial Presence Test.
    afzalmj's Avatar
    afzalmj Posts: 3, Reputation: 1
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    #3

    Mar 15, 2013, 04:22 AM
    How about US-Canada tax treaty non-discrimination clause IV. H&R Tax Guide 2002 calculate taxes for Canadian commuters with different 1040NR taxes formula i.e. 1040 taxes times 1040NR taxable income divide 1040 taxable income
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #4

    Mar 15, 2013, 08:26 AM
    You are aware that you are answering a SIX-year old post addressing a TEN-year old tax return?
    afzalmj's Avatar
    afzalmj Posts: 3, Reputation: 1
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    #5

    Mar 15, 2013, 08:38 AM
    I know that but circumstances are same. I am not replying to question. I am asking a question and hoping you will reply please
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #6

    Mar 15, 2013, 10:42 AM
    Okay.

    The person STILL has to file Form 1040NR, which means he must pay under the Married Filing Separate tax tables. The calculations you cite may reduce the taxes, but not nearly as much as filing jointly, which is NOT an option for the OP.
    afzalmj's Avatar
    afzalmj Posts: 3, Reputation: 1
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    #7

    Mar 15, 2013, 11:45 AM
    Quote Originally Posted by AtlantaTaxExpert View Post
    Okay.

    The person STILL has to file Form 1040NR, which means he must pay under the Married Filing Separate tax tables. The calculations you cite may reduce the taxes, but not nearly as much as filing jointly, which is NOT an option for the OP.
    If you think my calculations are not correct, Please explain the pro-rated 1040NR procedure and calculation.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #8

    Mar 15, 2013, 12:07 PM
    I did not say your calculations were incorrect; I have not researched them one way or the other.

    I am saying that the benefit of filing Form 1040NR using these calculations is minimal compared to filing a joint Form 1040, which I stated in my original answer that it was NOT PERMITTED given he did not meet the Substantial Presence Test.
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