W-2 includes Canadian T4 income - RSU taxation for cross-border employee
Hey people. Just hoping to get some clarity on a tax issue I'm facing after transferring from our Toronto office to Seattle last year. I work for a gaming studio and received some RSU grants while working in Canada, but they vested after I moved to the US in 2024. According to the US-Canada tax treaty, I ended up having to pay taxes to both countries which seems normal. But here's where it gets weird - my T4 from Canada correctly shows just my Canadian income, but my W-2 from the US shows 100% of my RSU income, including the portion that's already on my T4 from Canada. I reached out to HR and they confirmed this is how they're supposed to report it. My understanding is that my total income should just be what's on the W-2. However, my tax preparer (who I'm pretty sure has limited experience with cross-border situations) added my W-2 AND my T4 together, and now I'm apparently owing the IRS over $14,000! The trickiest part is that I don't qualify as a US resident since I don't pass the substantial presence test, so I can't claim foreign tax credit or the foreign earned income exclusion. How do I properly report to the IRS that part of my RSU income on my W-2 is actually sourced from Canada and I've already paid taxes on it there?
24 comments


Ashley Adams
This is a classic cross-border taxation issue that can be confusing even for many tax preparers. Your instinct is correct - you shouldn't be double-taxed on the same income. The key here is understanding how RSU income is sourced and reported. For RSUs, the income is typically allocated based on where you performed services during the vesting period. Since you worked partially in Canada and partially in the US during this period, the income should be proportionally allocated. Even though you don't qualify for the Foreign Tax Credit (FTC) as a nonresident alien, you still need to properly report the income allocation. What you need is Form 8833 (Treaty-Based Return Position Disclosure) to explicitly claim benefits under the US-Canada tax treaty. This form allows you to explain that a portion of your W-2 income was already taxed in Canada under the treaty. Your company has fulfilled their obligation by reporting the full amount on your W-2, but it's your responsibility on your tax return to properly allocate the income based on where you performed services.
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Zoe Gonzalez
•Thanks for the response! This makes a lot of sense. Just to make sure I understand correctly - I need to file Form 8833 along with my regular tax return to explain that some of my W-2 income was already taxed in Canada? Do you know if I need any specific documentation from my employer showing how much of my RSU income was earned while working in each country? I'm worried the IRS might question the allocation.
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Ashley Adams
•You should definitely file Form 8833 with your tax return to disclose your treaty position. It's the proper way to explain your situation to the IRS. As for documentation, it would be extremely helpful to get something from your employer that shows the allocation method for your RSUs - typically based on the number of days you worked in each country during the vesting period. Request a letter or statement that confirms the portion of RSU income attributable to work performed in Canada versus the US. This will serve as supporting documentation if the IRS has questions. Calculation worksheets showing how the allocation was determined would also be beneficial.
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Alexis Robinson
I went through something similar when I moved from Vancouver to NYC for my job. The dual reporting of RSUs on W-2 and T4 created a tax nightmare! After trying to explain my situation to three different tax preparers (who all gave different answers), I finally used https://taxr.ai to analyze my documents and get clarity. Their AI analyzed my W-2, T4, and RSU statements together and identified exactly how much of my income was being double-reported. It also pinpointed which specific tax treaty provisions applied to my situation. I was able to download a detailed report explaining the correct allocation method and the exact forms needed to resolve the issue. The best part was that I could explain my cross-border situation in plain language and get an analysis that was specific to my situation rather than generic advice. Saved me from overpaying thousands in taxes!
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Aaron Lee
•Does this service actually connect you with tax professionals who understand international tax issues? I'm in a similar situation with UK to US transfer and RSUs. My W-2 is showing everything but clearly some of the income was earned while I was in London.
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Chloe Mitchell
•I'm skeptical about AI tools for complex tax situations. How accurate was the information? Did the IRS accept your position without any issues? International tax is super complicated and I'd be nervous trusting an algorithm over a cross-border tax specialist.
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Alexis Robinson
•The service doesn't connect you with tax professionals directly, but it analyzes your tax documents and provides detailed explanations of how international tax rules apply to your specific situation. For my UK-US transfer, it identified the specific sections of the tax treaty that applied to my RSU income and explained how to allocate it. The information was remarkably accurate. I actually took the report to a cross-border tax specialist afterward who confirmed everything was correct. The IRS accepted my filing without any issues. The AI doesn't just give generic advice - it analyzes the actual numbers on your documents to identify discrepancies and double-counting, then explains how to resolve them according to international tax treaties. It saved me a lot of money that would have gone to specialized tax preparers.
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Aaron Lee
Just wanted to follow up here. I decided to try taxr.ai after seeing the recommendation since I was dealing with the exact same issue with my RSUs after moving from London to our Seattle office. The system was surprisingly thorough - it analyzed my W-2, UK tax documents, and RSU vesting schedules, then created a detailed allocation worksheet showing exactly what portion of my RSU income should be attributed to each country. It even cited the specific articles in the US-UK tax treaty that applied to my situation. What really helped was that it generated Form 8833 for me with all the relevant explanations pre-filled. My tax preparer was impressed with the detail and used the documents directly. Saved me from overpaying around $8,500 in taxes that my original preparer had calculated incorrectly. Definitely worth checking out if you're dealing with cross-border RSU issues!
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Michael Adams
Hey there - I totally get your frustration. I went through the same nightmare when I transferred from our Toronto office to Chicago. My tax guy kept running into roadblocks trying to get the IRS on the phone to clarify how to handle the RSU allocation. After weeks of calling and getting disconnected, I found https://claimyr.com which got me connected to an actual IRS agent in under 15 minutes. You can see how it works here: https://youtu.be/_kiP6q8DX5c The agent walked me through exactly how to file Form 8833 and what documentation I needed to support my position on the RSU allocation. Turns out there's a specific procedure for handling cross-border RSUs under the US-Canada treaty. Having that conversation directly with the IRS gave me the confidence that I was filing correctly.
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Natalie Wang
•Wait, this actually works? I've been trying to get through to the IRS for weeks about my foreign tax situation. How does this service even get you past the endless hold times? The IRS phone system is basically designed to make you give up.
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Noah Torres
•This sounds like a scam. Nobody can magically get through to the IRS faster. They probably just connect you to some random person pretending to be an IRS agent. I'll stick with waiting on hold for 3 hours like everyone else.
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Michael Adams
•Yes, it actually works! The service uses technology that navigates the IRS phone system and waits on hold for you. Once they reach an agent, you get a call back so you can speak directly with the IRS. It's completely legitimate - they don't pretend to be the IRS or give tax advice themselves, they just solve the connection problem. The reason it works is they have a system that continuously redials and navigates the phone tree until they get through. Instead of you wasting hours on hold, their system does it for you. I was skeptical too until I tried it and was talking to an actual IRS agent within minutes. You can tell it's really the IRS because they verify all your information just like they would if you called directly. The peace of mind from getting official answers directly from the IRS was worth it for my complicated cross-border situation.
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Noah Torres
I have to admit I was completely wrong about Claimyr. After continuing to waste entire afternoons trying to reach the IRS about my foreign income situation, I finally gave in and tried the service. Not only did I get connected to an actual IRS representative in about 12 minutes, but they were able to confirm exactly how I should report my foreign RSU income. They walked me through the proper way to complete Form 8833 for treaty benefits and even told me which supporting documents to include with my return. The agent explained that this is a common issue for employees who transfer between countries, and they have specific guidelines for handling it. Having that official guidance directly from the IRS made me confident that my return won't trigger unnecessary scrutiny. Definitely worth it for peace of mind with complex international tax situations.
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Samantha Hall
You definitely need a tax preparer who specializes in expat/cross-border taxation. Regular CPAs often don't understand the nuances of international tax treaties. For RSUs specifically, the income should be allocated based on your work locations during the vesting period, not when they were granted. So if your vesting period was 3 years and you worked 2 years in Canada and 1 year in the US before they vested, roughly 2/3 should be considered Canadian-source income. Even though you're a non-resident alien for US tax purposes, Article XV of the US-Canada tax treaty should provide relief from double taxation. Your employer is just following standard reporting requirements by putting the full amount on your W-2.
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Zoe Gonzalez
•Thanks for the explanation about the vesting period allocation - that makes a lot of sense! My RSUs had a 4-year vesting schedule, and I worked about 3 years in Canada before transferring to the US. Do you know if there's a specific form I need to use to show this allocation? And should I ask my employer for any specific documentation to support this position with the IRS?
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Samantha Hall
•You'll need to file Form 8833 to claim treaty benefits and explain your position. On this form, you'll cite Article XV of the US-Canada tax treaty and explain the allocation method for your RSUs based on the vesting period. Definitely get documentation from your employer showing your work locations during the vesting period. Request a letter that confirms your transfer date and employment periods in each country. If possible, ask your payroll department for a worksheet showing how they calculated the RSU income allocation between countries. Having this documentation will substantiate your position if the IRS questions it. Also, consider attaching a personal statement with your return that provides a clear explanation of your situation and calculation method.
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Ryan Young
Just a question - does anyone know if TurboTax can handle this kind of cross-border RSU situation correctly? I'm in a similar spot with RSUs from when I was working in Germany before transferring to our Boston office.
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Sophia Clark
•In my experience, TurboTax really struggles with complex international tax situations, especially when it comes to RSUs and treaty positions. It doesn't have good support for Form 8833 and doesn't guide you through proper allocation of income based on treaty provisions. I tried using it last year for my UK-US situation and ended up having to redo everything with a tax professional. For something this specialized, you really need either dedicated expat tax software or a professional who specializes in cross-border taxation.
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Anthony Young
I'm dealing with a very similar situation after transferring from our Montreal office to Denver last year. My RSUs vested in 2024, but I had worked in Canada for most of the vesting period. What helped me was getting a detailed breakdown from my employer's stock plan administrator showing exactly how many days I worked in each country during the vesting period. They were able to provide a worksheet that calculated the percentage allocation - in my case, about 75% Canadian-sourced and 25% US-sourced income. I filed Form 8833 with my return explaining the treaty position under Article XV of the US-Canada tax treaty. The key is being very specific about your calculation method and having solid documentation. I included a cover letter explaining the situation, the employer's allocation worksheet, and copies of my work authorization documents showing my transfer date. The IRS accepted my filing without any issues. My advice would be to get that documentation from your employer ASAP - HR departments are usually familiar with this situation for international transfers and should be able to provide the allocation breakdown you need.
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GalacticGladiator
•This is exactly the kind of detailed guidance I was looking for! Thank you for sharing your experience. It's reassuring to hear that the IRS accepted your filing without issues when you had proper documentation. A couple of follow-up questions if you don't mind: Did you need to translate any of your Canadian employment documents, or were English versions sufficient? Also, when you say "stock plan administrator," was this through your company's HR department or a third-party service like E*TRADE or Schwab? I want to make sure I'm asking the right people for this allocation worksheet. The 75%/25% split makes sense given your timeline. In my case, it sounds like it would be closer to an 80%/20% split since I worked about 3.2 years in Canada out of the 4-year vesting period.
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Aisha Abdullah
I'm actually dealing with a similar situation right now - transferred from our London office to Austin last year and my RSUs are causing a major headache. My tax preparer initially calculated that I owed an extra $12K because they just added my UK and US income together without considering the treaty provisions. After reading through these comments, I'm realizing I need to get much more organized about documenting the allocation. The advice about getting a detailed breakdown from your stock plan administrator is spot on. I reached out to our equity team this morning and they confirmed they can provide a worksheet showing the day-by-day allocation during the vesting period. One thing I learned from my research is that you need to be really specific about which article of the tax treaty you're citing on Form 8833. For US-UK, it's Article 15 (similar to Article XV for US-Canada). The IRS wants to see exactly how you calculated the allocation and why you're entitled to treaty relief. Has anyone dealt with the situation where your employer's payroll system couldn't provide the detailed allocation? I'm worried that if I can't get proper documentation, the IRS might challenge my position.
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NebulaKnight
•If your employer's payroll system can't provide the detailed allocation, you can create your own documentation based on publicly available information. I'd recommend gathering your employment start/end dates for each country, your visa/work permit documentation showing transfer dates, and any email confirmations about your relocation. You can then create a simple calculation showing the number of days worked in each country during the vesting period. For example, if your RSUs had a 4-year vesting period and you worked 3 years in the UK and 1 year in the US, that's roughly a 75%/25% allocation. Document this calculation clearly and attach it to Form 8833. The key is showing the IRS that you made a good faith effort to properly allocate the income based on where services were performed. Even if it's not as detailed as a formal payroll allocation, a well-documented calculation with supporting evidence (transfer paperwork, employment dates, etc.) should be sufficient. The IRS understands that not all employers have sophisticated systems for tracking this kind of allocation. I'd also suggest including a brief cover letter explaining your methodology and referencing the specific treaty article. This shows you're being transparent about your approach rather than trying to hide anything.
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Philip Cowan
I went through almost the exact same situation when I transferred from our Vancouver office to Chicago in 2023. The double taxation on RSUs is incredibly frustrating, especially when your tax preparer doesn't understand cross-border issues. What saved me was getting really organized about the documentation upfront. Here's what I learned from my experience: 1. **Get the allocation worksheet from your employer immediately** - Don't wait. Contact both your HR department and your stock plan administrator (usually a third-party like Fidelity, Schwab, or E*TRADE). They should be able to provide a breakdown showing what percentage of your RSU income relates to work performed in each country during the vesting period. 2. **File Form 8833 with detailed explanations** - This is non-negotiable for claiming treaty benefits. Be very specific about citing Article XV of the US-Canada tax treaty and show your exact calculation method. I attached a cover letter explaining my situation and included all supporting documentation. 3. **Keep detailed records of your transfer** - Employment authorization documents, transfer confirmation emails, start/end dates in each office. The IRS wants to see that your allocation method is based on actual facts, not just estimates. In my case, I had worked 2.5 years in Canada out of a 4-year vesting period, so about 62% of my RSU income was Canadian-sourced. The IRS accepted my filing without any questions, and I ended up saving about $9,200 compared to what my original tax preparer calculated. Don't let a tax preparer who doesn't understand international tax cost you thousands. This is a well-established area of tax law, and with proper documentation, the IRS should accept your position under the treaty.
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Declan Ramirez
•This is incredibly helpful, thank you for sharing such detailed guidance! Your experience gives me a lot more confidence that this situation can be resolved properly with the right documentation. I'm particularly relieved to hear that the IRS accepted your filing without questions when you had everything properly documented. The $9,200 savings really shows how important it is to get this right rather than just accepting what a general tax preparer calculates. Quick question - when you contacted your stock plan administrator, did they already have a standard process for providing these allocation worksheets for international transfers, or did you have to explain what you needed? I'm planning to call Schwab tomorrow and want to make sure I'm asking for the right thing. Also, did you end up needing to file any additional forms beyond Form 8833, or was that sufficient to claim the treaty benefits? Your point about not waiting to get the documentation is well taken. I'm going to reach out to both HR and the stock plan team first thing tomorrow morning.
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