Canadian Citizens - US residents - One income - How to file both country taxes with turbotax

[levce]

My spouse and I moved to the US in 2022 and had a company file our taxes, given the complexity of moving. This year I'd like to do our taxes with TurboTax. My visa does not allow me to work, my spouse is eligible to work on her visa and is employed; that is our only income in the US. In Canada, we still own our home and it is being rented. 

How can I file our Canadian, US federal and state taxes? Do I use a CAN and US version, does the US version do both federal and state? Will any income credits be linked/shared between the CAN and US filings. Hoping it is pretty straightforward to file taxes, our situation isn't complex this year.

Thank you!

[Anonymous_]

@pk?

[DaveF1006]

It depends. Under IRS guidelines that deal with residency requirements, you are a US resident for tax purposes if you are physically present in the US. Also, it would be helpful if you tell us what type of visa you wife is working under. Assuming if there isn't an exception though, here are guidelines issued by the IRS regarding residency requirements for filing a tax return. To file as a resident, you must be present in the US for:

1. 31 days during the current year, and
2. 183 days during the 3-year period that includes the current year and the 2 years immediately before that, counting:
   • All the days you were present in the current year, and
   • 1/3 of the days you were present in the first year before the current year, and
   • 1/6 of the days you were present in the second year before the current year.

Since you resided in the US for all of 2023, you are a resident of the US for income tax purposes under the 183-day rule. The only caveat to this statement is if you visited Canada back and forth during the year. This IRS link does list the exceptions where certain days do not qualify for the substantial presence test. These are the exeptions.

1. Days you commute to work in the U.S. from a residence in Canada or Mexico if you regularly commute from Canada or Mexico. 
2. Days you are in the U.S. for less than 24 hours, when you are in transit between two places outside the United States.
3. Days you are in the U.S. as a crew member of a foreign vessel.
4. Days you are unable to leave the U.S. because of a medical condition that develops while you are in the United States.
5. Days you are an exempt individual.

An exempt individual is one that is an:

1. An individual temporarily present in the U.S. as a foreign government-related individual under an “A” or “G” visa, other than individuals holding “A-3” or “G-5” class visas.
2. A teacher or trainee temporarily present in the U.S. under a "J" or "Q" visa, who substantially complies with the requirements of the visa.
3. A student temporarily present in the U.S. under an "F," "J," "M," or "Q" visa, who substantially complies with the requirements of the visa.
4. A professional athlete temporarily in the U.S. to compete in a charitable sports event.

There are a few things to be considered a whether or not you should file as a resident or non-resident. Regardless, you will need to file as a US resident or non-resident. If you file as a resident, you may use Turbo Tax to file your resident return.  If you file as a non-resident, you will need to file with our affiliate at sprint tax. In addition, you may need to file a Canadian Tax return if you identify Canada as your permanent home.

Please read this IRS link for further information regarding residency status.

@levce 

[Rrj13]

@DaveF1006 

Dave. How can we consult with someone on TT side who may have this knowledge to speak to both sides such as signing up as a permanent resident in the US and doing a return here, then also doing a Canadian return as a permanent resident there, and ensuring credits due to the treaty flow across? 
Is there a team at TT that can work on a return on both sides of the fence that we can contact to help with both and ensure they share info with each side appropriately?