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TN Form 1040-NR: What You Should Know

However, if you intend to reside in the United States for an extended period, you should be familiar with the rules on filing taxes both when entering the country and when you remain. The most basic rules for filing taxes on the Canadian Form 1040 are that if you live on a permanent basis in the United States, your place of primary establishment is the United States, and you plan to remain in American territory or for five years after your permanent establishment, you must file an “aggregate tax return” with the United States Government and present a Form 1040NR on Form 1040. If, however, you are a foreign resident who enters the United States for a temporary period then permanently intends to return to Canada, you may not need to file a total tax return. Instead, you may file “separate returns” for each individual business you were engaged in when you entered the United States. To learn more on what the tax return filing rules are for all tax filing types on Form 1040 or Form 1040NR, read our Publication 970. For more information on tax return filing, click on Tax Forms, Online Filing, and Your Tax Return. Please note that if you are a TN Visa holder, you may not be required to file an “aggregate tax return,” but you are expected to file separate U.S. federal income tax returns for each activity that you were engaged in while residing in the United States. The only exceptions are: Business activity that is primarily U.S. resident Business activity conducted in Canada or on Guam. To determine whether your home business is U.S. Resident, you must determine whether it derives its income in excess of a certain level. The tax law defines the level above which tax shall be imposed as the “base level.” Your home business may be classified either as a Business Activity that is primarily U.S. resident or not a Business Activity that is primarily U.S. resident, as shown on your Form 1040. For more details on the Tax Laws and Regulations that apply to TN Visa holders, please see: Tax Laws and Procedures for TN Visa Holders, TN Visa holders living in Canada Who Is Taxed for Their Resident Alien Status? The rules apply when an individual is living in the District of Columbia (D.C.), Puerto Rico (Puerto Rico), or the U.S. Virgin Islands (US AVI) for more than half the tax year.

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