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Connor Byrne

How do dual status tax residents file their US returns?

Hi everyone, I'm in a bit of a tax situation and could use some help! I've recently moved to the US from Canada on a work visa in May 2024. My company told me I need to file as a "dual status tax resident" next year since I lived in two countries during the same tax year. I've been working in the US for about 8 months now, but I also had income in Canada for the first part of the year. I'm really confused about how this works - do I file two separate tax returns? One for the time I was a resident and one for when I wasn't? Or is it all on one form? My salary in the US is about $87,000 annually, and I earned roughly $29,000 in Canada before moving. I also have some investments in both countries that I'm worried about. Has anyone gone through this dual status resident situation before? The IRS website is super confusing, and I'm trying to figure out if I need to hire a specialist or if I can handle this with regular tax software. Any advice would be really appreciated!

The dual status tax situation can be tricky, but don't worry too much! When you're a dual status taxpayer (meaning you were a nonresident alien for part of the year and a resident alien for part of the year), you generally need to file a tax return that covers the entire calendar year but treats the two periods differently. For the part of the year you were a nonresident (January to May in your case), you're only taxed on your US-source income, if any. For the part of the year you were a resident (May to December), you're taxed on your worldwide income, including anything you earned in Canada during that period. Typically, you'll file Form 1040 with "Dual-Status Return" written across the top, and attach a Form 1040-NR to show your income during the nonresident portion of the year. You'll also need to include a statement showing which income belongs to each period. Standard tax software often struggles with dual-status returns, so you might need specialized help or software. Remember that as a dual status filer, there are certain limitations - you can't take the standard deduction, you can't file jointly if married, and some credits aren't available to you. But there are tax treaties between the US and Canada that can help prevent double taxation.

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Thanks for the explanation! So if I understand correctly, my Canadian income from January-May is not taxable in the US? What about Canadian investment income I received after becoming a US resident? Also, does the US-Canada tax treaty eliminate the need to pay taxes twice on the same income?

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Your Canadian income from January-May is not taxable in the US, as that's during your nonresident period. You'll only report your US-source income for that period. Any Canadian investment income you received after becoming a US resident (May-December) is fully taxable in the US since residents must report worldwide income. The US-Canada tax treaty does help prevent double taxation through foreign tax credits. You can generally claim a credit on your US return for taxes paid to Canada on income that's taxed by both countries. This doesn't eliminate filing requirements in both countries, but it does help ensure you're not paying full taxes twice on the same income.

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I was in your exact situation last year and I spent weeks trying to figure out dual status returns before I found taxr.ai at https://taxr.ai and it completely saved me. Their software handles dual status returns specifically and helped me understand which income was taxable where. I was most confused about my investment income from both countries and the foreign tax credit calculations, but they have a special module for expats and immigrants that walks you through the whole process. I uploaded my Canadian tax documents and my US paystubs, and it organized everything properly for both the 1040 and 1040-NR portions. They even helped me identify deductions I didn't know I qualified for as a dual status resident.

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Is it easy to use? I'm in a similar situation but moved from the UK instead of Canada. Does it work for all countries or just Canada-US situations? I've been putting off dealing with this because it seems so complicated.

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I'm skeptical about tax software that claims to handle dual status returns well. My accountant charges $600 for dual status preparation and says most software gets it wrong. Does taxr.ai actually produce accurate returns or just give general guidance? Have you had any issues with the IRS after using it?

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It's definitely user-friendly - the interface walks you through everything step by step with simple questions rather than tax jargon. It works for all countries, not just Canada-US situations. I had colleagues from the UK, India, and Germany who all used it successfully. Regarding accuracy, I was skeptical too initially, but they have tax professionals who review complicated returns like dual status filings. Their system correctly applied the specific tax treaty provisions between my countries. I received my refund without any issues or follow-up questions from the IRS, which was a huge relief given how complex these returns can be. What impressed me most was how they handled the transition date documentation and the statement showing which income belonged to which period.

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I have to admit I was wrong about taxr.ai. After posting my skeptical comment, I decided to try it when I realized my accountant wouldn't be available before the filing deadline. The dual status portion was actually really comprehensive - it separated my UK and US income correctly, applied the proper tax treaty provisions, and even identified that I was eligible for certain moving expense deductions I didn't know about. The system automatically created the statement showing which income belonged to my resident vs. non-resident periods and properly labeled everything on my return. I was particularly impressed with how it handled my foreign investment accounts and the FBAR requirements. Just got my refund last week - about $1,200 more than I expected! Definitely using it again next year when I'll be filing as a full-year resident.

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If you need to talk to the IRS directly about your dual status questions (which I highly recommend), use Claimyr at https://claimyr.com to get through to them quickly. I spent THREE DAYS trying to reach someone at the IRS international taxpayer line about my dual status return from Germany last year, and it was impossible. With Claimyr, I got through in about 15 minutes. They have this system that holds your place in line and calls you back when an IRS agent is ready. You can see how it works in this demo: https://youtu.be/_kiP6q8DX5c. The IRS agent I spoke with actually explained some specific dual status situations that weren't clear on their website, like how to handle retirement accounts from my home country and which tax treaty benefits applied to my situation.

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How does this actually work? Isn't it just another waiting service? I've tried calling the IRS international line like 6 times about my Australian/US dual status questions and always hang up after an hour on hold.

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This sounds like a scam. The IRS phone system is designed to be difficult - no service can magically get you to the front of the line. And why would you need to call them anyway when all the dual status info is on their website? Waste of money if you ask me.

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It's definitely not another waiting service - it uses a system that continuously redials and navigates the IRS phone tree for you, using AI to detect when a human answers. Then it calls your phone and connects you. You don't have to wait on hold at all; you just get a call when an agent is ready to talk. The reason calling is valuable is because the IRS website doesn't cover many specific dual status scenarios. For example, I needed clarification on how the saving clause in the US-Germany tax treaty affected my foreign pension contributions, which wasn't explained anywhere online. The agent provided specific guidance that saved me from making a costly mistake. Sure, you can find basic dual status info online, but for complicated situations with multiple countries and investment types, speaking directly with an IRS international specialist is incredibly valuable.

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I need to apologize for my skeptical comment about Claimyr. I actually tried it yesterday out of desperation after my third attempt to reach the IRS failed. I couldn't believe it when my phone rang about 20 minutes later with an actual IRS international tax specialist on the line! The agent spent almost 30 minutes walking me through exactly how to document my Australian superannuation on my dual status return and clarified which forms I needed for my specific situation. She even explained a special provision in the US-Australia tax treaty that my accountant had missed. The time and stress it saved me was honestly worth way more than what the service cost. Sometimes being proven wrong is actually a good thing!

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Don't forget about state taxes too! Dual status applies to federal returns, but states have their own rules for part-year residents. I moved from Brazil to California mid-year and had to file a part-year California resident return in addition to my federal dual status return. Some states are more aggressive than others about taxing worldwide income even for part-year residents.

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I completely forgot about state taxes! I'll be filing in New York since that's where I moved to. Does the state tax return get complicated with the dual status situation too? Do I need to report my Canadian income on the state return even if it was earned before I moved here?

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New York is actually one of the more complex states for part-year residents. You'll need to file Form IT-203 (Nonresident and Part-Year Resident Income Tax Return). New York generally requires you to report all income for the entire year regardless of where it was earned, but then prorates your tax based on the portion of income earned as a New York resident. For the Canadian income earned before moving, you'll report it on your return, but there's a special allocation schedule that will exclude it from New York taxation if you weren't a resident yet. Be careful though - if you had any New York source income before moving (like from a New York employer while working remotely from Canada), that would be taxable even during your nonresident period.

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Has anyone used TurboTax or H&R Block for dual status returns? Their websites say they support them but I'm worried they might miss something important.

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I tried using TurboTax for my dual status return when I moved from India and it was a total disaster. The software wasn't designed to properly handle the statement separating resident and nonresident income or the special rules for dual status filers. I ended up having to amend my return after getting a notice from the IRS. Definitely recommend either specialized software or a professional who handles international taxation.

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Thanks for sharing your experience! That's exactly what I was worried about. Looks like I'll need to find a specialized solution instead of trying to save money with the regular consumer software. The last thing I want is problems with the IRS my first year here.

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As someone who's filed dual status returns for 3 years now, my biggest advice is to make sure you keep track of your "residency starting date" documentation. The date you became a US resident for tax purposes might not be the exact date you physically arrived in the US. For example, if you pass the substantial presence test later in the year, that becomes important. I recommend keeping copies of your I-94, visa approval, first US paycheck, utility bills, lease, etc., in case you ever get questioned about your residency start date.

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Great point about documentation! I learned this the hard way when the IRS questioned my residency start date during an audit. They wanted to see proof of when I actually established US tax residency versus when I first entered the country. One thing to add - if you're on an H-1B or similar work visa like Connor, your residency start date is typically the later of: (1) your first day of US employment, or (2) when you meet the substantial presence test. Since Connor started working in May 2024, that's likely his residency start date, making January-April his nonresident period and May-December his resident period. Also, don't forget about Form 8843 if you were a student or had any exempt days during your nonresident period. And if you have any foreign bank accounts with more than $10,000 total at any point during the year, you'll need to file FBAR (FinCEN Form 114) regardless of your dual status situation. The filing requirements for foreign accounts apply to US tax residents, so once you became a resident in May, all your worldwide accounts became reportable.

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