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Jacob Lewis

How to Handle Dual-Status Tax Year & Form 1116 Foreign Tax Credit for US/Canada Split Year

Hi everyone, I'm in a bit of a tax mess with my first US filing. I became a US resident midway through 2023 (Green Card test) after living in Canada for the first part of the year, making this a dual-status tax year. I physically relocated to the US in January 2024. I'm struggling with a couple of issues: 1. For my 1040/1040-NR filing (dual status), I had no US income in 2023, but did have Canadian employment income. To calculate what goes on my 1040 for the resident period, I'm using: (Days as US resident in 2023/365) × Canadian T4 income (Box 14) / 1.350 (CAD/USD exchange rate) Example: (100 days/365) × CAD 90,000 / 1.350 = USD 18,265 for my 1040 Is this the right approach? 2. For the Foreign Tax Credit (Form 1116) on my Canadian income taxes paid: I initially calculated: (Days as US resident/365) × T4 tax withholding (Box 22) / 1.350 But here's my problem - when I filed my Canadian return, I discovered my employer under-withheld by about CAD 5,000, which I paid to CRA in April 2024. For Form 1116, should I only claim the taxes that were actually withheld in 2023? Or can I somehow include the additional CAD 5,000 I paid in 2024 (for 2023 taxes)? Since I'm using the cash method on Form 1116, I'm thinking I might need to claim that additional payment on my 2024 US return instead? Any guidance would be super appreciated! This dual-status stuff is driving me crazy!

You're on the right track with your dual-status approach, but let me clarify a few things: For your first question about calculating income for Form 1040 - yes, your method is correct. You're properly prorating your Canadian income based on your days of US residency and converting at the appropriate exchange rate. That's exactly how you should allocate your worldwide income for the portion of the year you were a US tax resident. Regarding your Foreign Tax Credit question, since you're using the cash method on Form 1116, you can only claim foreign taxes that were actually paid during your 2023 tax year. The additional CAD 5,000 you paid in April 2024 would be claimed on your 2024 tax return (filed in 2025), even though it relates to your 2023 Canadian income. This is a common situation with foreign tax credits - the timing mismatch between when income is earned and when additional taxes are paid. On your 2024 Form 1116, you'll identify that these taxes relate to 2023 income in the appropriate section, but they're claimed in the year actually paid under the cash method. One thing to double-check: make sure you're only claiming foreign tax credit for income that's actually being taxed by both countries during your period of US residency. The FTC is designed to prevent double taxation, not to give credit for taxes paid on income that isn't subject to US tax.

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What about the Residency Starting Date Election? Couldn't OP potentially choose to be treated as a US resident for the entire year if that would be more beneficial? Or does the Green Card timing prevent that option?

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The Residency Starting Date Election (First-Year Choice) is only available in specific situations. Since the original poster became a US resident under the Green Card test during 2023 but didn't physically move to the US until January 2024, they likely don't qualify for this election. This election generally requires physical presence in the US for at least 31 consecutive days during the year and at least 75% presence from that 31-day period through the end of the year. If the poster had physically moved to the US earlier in 2023, then this might have been a valid option to consider, especially if they had significant deductions or credits that would be more valuable against their entire year's income.

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I had a similar situation last year when I moved from the UK to the US midway through the year. I discovered this great tool called taxr.ai (https://taxr.ai) that was incredibly helpful with my dual-status filing and foreign tax credit calculations. I was completely lost with all the proration formulas and Form 1116 requirements, especially since I also had additional tax payments in the following year. What I liked about taxr.ai was that it analyzed my foreign tax documents (in my case UK, but it works with Canadian T4s too) and automatically calculated the correct allocation for the dual-status period. It also properly handled the foreign tax credit timing issues, showing me exactly what could be claimed in which tax year. The tool even generated detailed explanations that I could attach to my return to explain the calculations to the IRS. For someone in your situation with the dual-status year and foreign tax credit complications, I think it would really simplify things.

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How exactly does it handle the exchange rate calculations? I'm moving from Australia to the US next month and I'm worried about getting the currency conversion wrong on all my Australian income.

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Does it work with other tax forms besides employment income? I have dividend and interest income from Canada, plus some capital gains that I'm not sure how to report properly on my dual-status return.

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The tool handles exchange rates automatically using IRS-approved yearly average rates, but also gives you the option to use daily rates if you have specific transaction dates. For someone moving from Australia, this would save you a ton of time looking up and calculating different exchange rates for various income sources. As for other tax forms, yes! That's actually where it really shines - it can process Canadian T3, T5, and T5008 forms for investment income, plus capital gains statements. It identifies which line items correspond to which US tax concepts and helps you properly categorize dividend types, interest, and capital gains for US tax purposes. It was a huge relief not having to figure out the differences between foreign tax categories and US ones.

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I just wanted to follow up and say that I tried taxr.ai after seeing it mentioned here. I was skeptical at first because my situation seemed so complex (dual citizen with income in both Canada and the US, plus investments), but it was seriously a game-changer for me. After struggling with my dual-status return for weeks, I uploaded my Canadian tax documents and it automatically parsed all the information, converted the currency correctly, and showed me exactly how to allocate everything between my 1040 and 1040-NR. The Form 1116 calculations that I was dreading were completed in minutes with clear explanations of which foreign taxes could be claimed in which tax year. What really helped was that it explained why certain Canadian tax payments made in 2024 (for my 2023 income) needed to be claimed on my 2024 return instead of my 2023 return - something I was completely confused about before. Worth every penny for the peace of mind alone!

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If you're still struggling with getting a straight answer from the IRS about your dual-status foreign tax credit situation, I'd recommend trying Claimyr (https://claimyr.com). I had a similar dual-status year with Canada/US taxes and kept getting conflicting information from different tax preparers. I needed to speak directly with the IRS to confirm how to handle some specific Form 1116 allocations, but kept hitting the "all circuits are busy" message for weeks. Claimyr got me through to an actual IRS agent in about 20 minutes. You can see how it works here: https://youtu.be/_kiP6q8DX5c The agent was able to confirm that my approach for allocating foreign taxes paid was correct and gave me the specific publication sections to reference on my return. Saved me from a potential audit nightmare and the relief of having official guidance was worth it.

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How does this actually work? I've been trying to get through to the IRS for three weeks about my foreign tax credit carryover issue.

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Sounds too good to be true. I've called the IRS international tax line over 50 times this season and never got through. You're telling me this service somehow jumps the queue? I'm extremely skeptical.

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It uses an automated system that continually redials the IRS for you and navigates through the initial prompts. Once it gets a spot in the queue, it calls you and connects you directly with the IRS agent. You don't have to sit there redialing yourself for hours. I was skeptical too, but it's not actually "jumping the queue" - it's just automating the painful process of getting into the queue in the first place. The IRS phone system hangs up on you if all lines are busy, so Claimyr just keeps trying until it gets through the initial barrier. Once I was connected, I had a 25-minute conversation with an IRS agent who answered all my Form 1116 questions and explained exactly how to handle the timing mismatch between when foreign taxes are paid versus when the related income is reported.

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I wanted to follow up about my experience with Claimyr. I was really skeptical (as you can see from my previous comment), but after another week of failed attempts to reach the IRS about my foreign tax credit issues, I decided to give it a try. I'm honestly shocked to say it actually worked! Within about 35 minutes, I was speaking with an IRS representative who specialized in international tax issues. They clarified exactly how I should handle my foreign tax credit carryover situation and confirmed the correct approach for claiming additional foreign taxes paid in the year after the income was earned (which was exactly the issue the original poster was asking about). The agent even emailed me specific sections from the relevant IRS publications that I could reference in my return. This saved me from having to pay my accountant for additional research hours and gave me confidence that I'm filing correctly. I never thought I'd be writing a positive review about anything related to IRS phone support, but here we are!

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I think you might be overcomplicating the calculation for your resident period income. When I did my dual-status return (Japan to US), my accountant just used the actual income received during my US resident period rather than prorating the annual amount. If you have pay stubs or bank statements showing exactly what you earned during your resident period, that might be more accurate than the formula approach.

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Thanks for mentioning this - I considered using my actual paystubs, but my situation is a bit unique. I was working remotely for my Canadian employer while being a US resident (before physically moving), so all my income was paid in Canada throughout the year. My understanding was that for the period I was a US resident, I need to report my worldwide income regardless of where it was paid, which is why I was prorating my total annual income. Did your accountant have any insights about this specific scenario?

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That makes sense. Your situation is different from mine since you continued working for a foreign employer while being a US resident. In that case, the proration approach is correct - you need to report the worldwide income earned during your period of US residency. My situation was different because I terminated my foreign employment before becoming a US resident, so there was a clearer separation. For your remote work scenario, your approach of prorating the income based on days of residency is the proper method. Just make sure you have documentation supporting your residency start date in case of any questions from the IRS.

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Quick heads up about Form 1116 - make sure you're putting your foreign income in the correct category. Employment income goes in the "General Category Income" basket, not the "Passive Income" category. I messed this up on my first dual-status return and had to amend it. Also, don't forget to convert your foreign taxes paid using the same exchange rate method you used for the income!

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For the foreign tax credit on a dual-status return, do you need to file separate Form 1116s for the resident and non-resident periods? Or just one Form 1116 for the resident period taxes?

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You only need one Form 1116 for the resident period. The non-resident period (1040NR) handles foreign income differently - it generally only taxes US-source income, so you typically wouldn't be claiming foreign tax credits on that portion of your return. The Form 1116 you file with your 1040 (resident period) should cover the foreign taxes paid that correspond to the foreign income you're reporting during your period of US tax residency.

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One additional consideration for your dual-status situation - make sure you're aware of any potential treaty benefits between the US and Canada that might affect your tax calculation. The US-Canada Tax Treaty has specific provisions for residents who change status during the year, and there might be tie-breaker rules that could impact how you're treated for certain types of income. Also, since you mentioned you were working remotely for your Canadian employer while being a US tax resident, you'll want to verify that your employer properly handled any Canadian tax withholdings during that period. Sometimes employers don't adjust withholdings when employees become non-residents for Canadian tax purposes, which could affect your foreign tax credit calculations. Have you considered whether you need to file any additional Canadian forms (like a departure tax return) since you became a non-resident of Canada? The timing of your tax residency changes in both countries can create some complex interactions that might affect your overall tax liability.

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This is a really important point about the US-Canada Tax Treaty! I'm dealing with a similar situation and hadn't considered the tie-breaker rules. Do you know if there are specific provisions that would help someone in Jacob's situation where he became a US resident mid-year but continued working for a Canadian employer? I'm wondering if the treaty might provide some relief for the potential double taxation during that transition period. Also, regarding the departure tax return - I believe Canada requires a deemed disposition return when you cease to be a resident, but there might be exceptions for certain types of property or if the total value is below certain thresholds. This could definitely impact the foreign tax credit calculations if there are additional Canadian taxes owed from the departure.

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