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SDMZZZ
Returning Member

Foreign Income -Remote Work, Green Card Holder (Canada)

I am a Canadian citizen living in the US with a green card, which I activated June 25, 2024. I work remotely (online) for a Canadian company.

I understand I need to claim this foreign income - but only for the period after I entered the US. 

When I try to fill out the Turbotax questions, it asks if I was a resident alien (yes), if there is a tax treaty (yes), if I paid foreign taxes/if I am a non-resident there (yes and yes). 
Now it is asking me to fulfill Bona Fide Resident test, or Physical Presence Test. This doesn't make sense to me, because I haven't left the US since I got my green card, and I don't know why I'd be filling out information that doesn't apply if I wasn't an alien yet until midway through 2024.

Can someone guide me how to move through these prompts?

Thanks

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3 Replies
pk
Level 15
Level 15

Foreign Income -Remote Work, Green Card Holder (Canada)

@SDMZZZ , assuming that  you had no presence in the US during 2022, 2023  and till you entered with the GreenCard in Jun 2024, you residency start date  is the first day you were legally present  ( GreenCard Test ) in the current year under consideration.

Thus your income ( foreign source ) prior to that entry date ius not under USD purview.

Also note that  the sourcing of income is generally where  the work is performed.  Thus  on-line work for a Canadian entity while a residing in the USA (  Tax home USA ) is US sourced income and not foreign income.  It is self-employed income for US purposes.  And unless you have a certificate of participation from Canadian equivalent of  Social Security/ Medicare, you are subject to SECA  ( equivalent of FICA but at the full 15.3% ).

 

Does this make sense ?   Is there more I can do for you ?

 

 

SDMZZZ
Returning Member

Foreign Income -Remote Work, Green Card Holder (Canada)

Hello PK, thanks for responding to my question. 
I visited the US from time to time, but nothing over my allowed visitation (my husband is American and we would see each other for a few weeks at a time, not over the 180 day limit per year). I did not move to the US until I had my green card in hand.

 

I receive a T4 from my company and pay full Canadian taxes, pension, old age security, unemployment, etc.  I am under the impression that because I pay these taxes I will not be taxed twice due to the tax treaty. 

 

I understand what portion of my income is under US purview, but don't know how to complete my tax return with the prompts as they exist currently. It seems to assume that if I have foreign income that I must also live in a foreign place. 

I don't know if I'd be able to claim this as self-employment income when I am having to prove I paid taxes to Canada on it to get the tax credit.

pk
Level 15
Level 15

Foreign Income -Remote Work, Green Card Holder (Canada)

@SDMZZZ 

(a0 to avoid  / mitigate the double taxation bite you have to use Foreign Tax Credit --- form 1116.    In your case because this is self-employment -- you tell TurboTax and this will walk you to fil out Schedule-C and then Schedule SE.

Then  under  Deductions and Credits tab you look for Foreign Tax Credit.  Select that and it will walk you through filling out the for 1116.  You will need two items here ---  You net income  from Schedule-C  ( this is the income that is being taxed both by US and Canada ) and the  Taxes that you paid on this income  ( you will have to  allocate this based  your Canadian  tax return ).   The max credit you can get is  the US tax on this doubly taxed income.

 

Does this help ?  Is there more I can do for you ?

 

pk

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