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I am an H1B worker and have been since April 2014, so I pass the substantial presence test.
However, my wife and I were married in August 2016, and she moved to the US in September 2016. She did not work in the US in 2016, but did work in Canada.
Can we:
1. File jointly?
2. Have her treated as a resident alien if we include a statement wishing to be treated as such?
3. Report her worldwide income? Will she be taxed on this in Canada as well as the US? It seems that the US and Canada have a taxation treaty preventing this.
Thanks!
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Because you pass the substantial presence test, you are a "resident alien" for US tax purposes.
If you elect to have her treated as a resident alien (attaching a statement, etc.)
You would report her Canadian income and she will be taxed on this income for US purposes but you can claim a "foreign income tax" deduction or "foreign income tax credit" for her income.
For more information about claiming foreign tax deduction vs foreign tax credit:
https://ttlc.intuit.com/questions/2566703-what-qualifies-for-the-foreign-tax-credit
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