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  #1 (permalink)  
Old 03-15-2009, 07:55 PM
Site Admin
 
Join Date: Mar 2009
Posts: 7
Default Canada or China tax treaty?

Hi, I am a dual citizen of Hong Kong and Canada. I am in the US working on the H1B visa (using my Canadian passport) - am I qualified for any tax treaty benefits (as a single, non-resident alien) for either country?

I did not think I am a canadian resident given that I do not have a permanent place of abode in Canada right now.

Thanks for your help. Hoping to file my taxes tomorrow but just wanted to check before doing so.
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  #2 (permalink)  
Old 03-15-2009, 08:37 PM
Site Admin
 
Join Date: Jan 2008
Posts: 2,030
Default Residency Test Canada US Tax Treaty - H1B Visa Tax Return

Hello

Please let us know the days in 2008, you have been working in the United States.

If you meet the Residency Test, you can file Form 1040, if not you need to file Form 1040NR as a Non Resident.

Tax Treaty benefits only apply in a Non Resident Tax Return.

You can contact us taxexpert@visataxes.com for a quote on our tax preparation services.

Hope it helps!
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  #3 (permalink)  
Old 03-16-2009, 03:29 AM
Site Admin
 
Join Date: Mar 2009
Posts: 7
Default

Hi,
Thanks for the quick response. I am a non-resident alien because I was on F1 until Oct 08, then I was on H1B until now. I did not realize that Canadian tax treaty applies to non-resident aliens - could you clarify?
Thanks.
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  #4 (permalink)  
Old 03-16-2009, 09:43 PM
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Join Date: Apr 2006
Posts: 1,940
Default Tax Treaty Consideration

The Chinese Tax Treaty does not apply to residents of Hong Kong, and Hong Kong does NOT have a individual tax treaty with the U.S.

Hence, your only choice is the Canada-U.S. Tax Treaty!
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