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Students from
Canada
Information about the U.S. - Canada
Tax Treaty
For more information, please refer to IRS Publication
901: U.S. Tax Treaties and Publication
597: Information on the United States — Canada Income
Tax Treaty
The U.S.-Canada tax treaty contains no specific benefits
for either students or visiting scholars who are residents of
Canada. The treaty does, however, contain several general
provisions that will apply to some students and scholars from
Canada and which a few may find beneficial.
1) Article XV of the U.S.-Canada tax treaty applies
to Canadian residents who had less than $10,000 of earned
income in the U.S. in the calendar year.
This article provides that:
2. ...remuneration derived by a [Canadian resident] in
respect of employment exercised in a calendar year in [the
United States] shall be taxable only in [Canada] if:
(a) Such remuneration does not exceed ten thousand dollars
($10,000) in the currency of [the United States]...
Thus if you had less than $10,000 in earned income from
U.S. sources in a calendar year, you may exclude this income
from federal income tax in the U.S. by claiming Article XV of
the U.S.-Canada tax treaty when you file Form 1040NR-EZ,
"U.S. Income Tax Return for Certain Nonresident Aliens
With No Dependents," or Form 1040NR, "U.S.
Nonresident Alien Income Tax Return."
To claim this provision of the U.S.-Canada tax treaty on
Form 1040NR-EZ, write "0" on page 1, Line 3 of the
form, "Wages, salaries, tips, etc."
Write the amount of your earned income for the year (which
must be less than $10,000, of course) on page 1, Line 6,
"Total wages and scholarships exempt by a treaty from
page 2, Item J."
On page 2, Item J, claim the tax treaty for
"Canada," and write the amount of your earned income
(i.e. the same amount you wrote on page 1, Line 6). After the
amount write "earned income less than $10,000, Article
XV."
To claim this provision of the U.S.-Canada tax treaty on
Form 1040NR, write "0" on page 1, Line 8 of the
form, "Wages, salaries, tips, etc."
Write the amount of your earned income for the year (which
must be less than $10,000, of course) on page 1, Line 22,
"Total income exempt by a treaty from page 5, Item
M."
On page 5, Item M, claim the tax treaty for
"Canada," and write the amount of your earned income
(i.e. the same amount you wrote on page 1, Line 22). After the
amount write "earned income less than $10,000, Article
XV."
2) The U.S.-Canada tax treaty allows you to deduct from
your gross income contributions that you made to Canadian as
well as to U.S. charities. Include any such contributions
as itemized deductions on page 3 of Form 1040NR. (If you wish
to claim deductions for charitable contributions you must use
Form 1040NR; you may not use Form 1040NR-EZ for this purpose.)
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