Who is Required to File a U.S. Tax Return?
With increased cross-border traffic and commerce, Canadians (or others that
are residents of Canada for Canadian tax purposes) may occasionally need to
concern themselves with US taxes.
As a resident of Canada, one may have to file a US income tax return in certain
circumstances.
Common reasons that would trigger a US tax filing requirement include:
1. One who is a US
citizen
2. One maintains a green
card, or one who is a lawful permanent resident of the U.S.
3. One has spent considerable time in the US, in the current year or in the
past 3 years (this criteria is often referred to as the substantial
presence test).
Note persons falling in the above
categories, including those who are US citizens or residents, are generally
required to file Form 1040, reporting worldwide income. Under the third reason
above, or for persons who meet the substantial presence test, there may be
some discretion as to whether Form 1040 or Form 1040NR is filed (the latter
form is somewhat less costly and less complicated to prepare as only US source
income is required to be reported compared to Form 1040 which requires one
to report worldwide income)
If one is neither a US citizen
nor a resident, one may be considered a non-resident alien (“NRA”)
as far as the US tax authorities are considered. If one is deemed a NRA, they
would normally be required to file Form 1040NR if they:
4. rented out US real estate,
5. sold US real estate,
6. had gambling winnings in the US,
7. were an employee, or they performed employment services in the United States,
8. were self-employed, and they performed work for a client while physically
in the United States, or
9. owned a partnership interest, in a partnership that operated in the United
States.
Note that there may be substantial
penalties for failing to file a US tax return. We shall discuss such penalties
in greater detail shortly.
Note that in addition, to US federal
filing requirements in the above situations, one may also be required to file
a tax return in a specific US state. One common example, illustrating a state
tax filing requirement, would be a situation where one earned employment income
in a specific state. Typically, the state in question, would have (state)
tax withheld at source. Such tax would offset any ultimate state tax liability.
North American Tax Services - Attention:
Joseph Soussan
2510 Yonge Street, Suite 322A
Toronto, Ontario, M4P 2H7
Tel: 416-489-4829
Email: jsoussan@usatax.ca
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