Ontario to USA (2.5 month) to Quebec Tax question

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Feb 18th, 2017 10:40 pm

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Feb 18th, 2017 11:26 am

ks_tiwari [OP]: Sr. Member; Aug 17, 2006; 700 posts; 242 upvotes

Feb 18th, 2017 11:26 am

Ontario to USA (2.5 month) to Quebec Tax question

In 2016, I was in Ontario then moved to the USA on TN visa and worked there for 2.5 months and then came back to Quebec in 2016 itself.

Do I have to file tax in USA, I lived less than 90 days. Would I be able to get tax refund? if not then can I claim my US tax withheld during filing canadian tax refund.

I have my W-2 Form from USA employment.

Thank you reply!

Last edited by ks_tiwari on Feb 18th, 2017 11:26 am, edited 2 times in total.

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Feb 18th, 2017 11:54 am

Mike15: Deal Fanatic; Nov 24, 2013; 6241 posts; 2987 upvotes; Kingston, ON

Feb 18th, 2017 11:54 am

Did a Canadian employer pay you wages while working in the US, or was it a US employer?

US employers issue an annual form called a W2 early in the new year, similar to Canadian T4. For contractors instead of employees, they issue form 1099. For US purposes you're likely a "non resident alien," but you still may need to get an ITN (Individual Taxpayer Number) and file a return.

Your Canadian return, as a Canadian resident, also needs to include your worldwide income. There are tax treaties to mitigate double taxation.

Feb 18th, 2017 12:05 pm

ks_tiwari [OP]: Sr. Member; Aug 17, 2006; 700 posts; 242 upvotes

Feb 18th, 2017 12:05 pm

Mike15 wrote: ↑ Did a Canadian employer pay you wages while working in the US, or was it a US employer?

US employers issue an annual form called a W2 early in the new year, similar to Canadian T4. For contractors instead of employees, they issue form 1099. For US purposes you're likely a "non resident alien," but you still may need to get an ITN (Individual Taxpayer Number) and file a return.

Your Canadian return, as a Canadian resident, also needs to include your worldwide income. There are tax treaties to mitigate double taxation.

It was a US employer. I do have Social Security "valid for work only". Do I still need ITN?

I thought I would be exempted as I worked less than 184 days as per this site: http://www.taxplanningguide.ca/tax-plan ... orking-us/

Feb 18th, 2017 10:40 pm

Mike15: Deal Fanatic; Nov 24, 2013; 6241 posts; 2987 upvotes; Kingston, ON

Feb 18th, 2017 10:40 pm

ks_tiwari wrote: ↑ It was a US employer. I do have Social Security "valid for work only". Do I still need ITN?

I thought I would be exempted as I worked less than 184 days as per this site: http://www.taxplanningguide.ca/tax-plan ... orking-us/

ITN is what people who don't have SSNs need to get, so if you have a temporary SSN that's what you'd file with.

Regarding that link, I see an AND in there which only exempts you if you resided less than half the year AND worked for a non-US employer. I think that clause is designed to exempt people who ordinarily work in Canada but get temporarily deployed to the US.

The first exemption may be handy though. Did you make more than $10K gross in 2.5 months?

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