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Selection 6013 G, non resident tax

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  • Selection 6013 G, non resident tax

    I am filling my taxes for 2016, I was in US only for last 3 months in 2016, and my wife was not there in US, she joined me only in Jan 2017, still my tax consultant said they can sign 6013G election and file resident tax for both of us as we will be in US for at least 6 months in 2017. I am not sure if this is right thing to do, couple of other tax consultants including H&R told me that I will be filling non resident tax as I was not present for 180 days in US and no one mentioned me about 6013 G. I just want to make I don't get in any trouble later, mainly during green card processing Has any one done it, is it right thing to do ? any comments/suggestions will be appreciated.

  • #2
    Without knowing the specifics of your situation, I can imagine how it might be advantageous to elect to file as residents Married Filing Jointly. That usually will be the case when there is little taxable worldwide income during that period

    A proper tax professional should prepare multiple return scenarios for you to review and elect (1040NR, 1040 MFS, 1040 MFJ)

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    • #3
      Originally posted by inadmissible View Post
      Without knowing the specifics of your situation, I can imagine how it might be advantageous to elect to file as residents Married Filing Jointly. That usually will be the case when there is little taxable worldwide income during that period

      A proper tax professional should prepare multiple return scenarios for you to review and elect (1040NR, 1040 MFS, 1040 MFJ)
      Thank you, I did work in Canada from jan to Sept and goig to file taxes in Canada, not sure how it would affect my worldwide income tax. I hope I don't have to pay tax in US for that period as I will be paying in Canada.

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      • #4
        Originally posted by Alfa16 View Post
        Thank you, I did work in Canada from jan to Sept and goig to file taxes in Canada, not sure how it would affect my worldwide income tax. I hope I don't have to pay tax in US for that period as I will be paying in Canada.
        If you are (or treat yourself as) a US tax resident, you will get a credit for foreign taxes paid

        See the instructions for IRS Form 1116, or IRS tax topic 856, or Publication 514

        The rules seem complex but they are designed so that you will end up paying, in total, the greater of the taxes actually paid or the taxes you would have paid if it were US source income

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