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Robin D.
Robin D., Senior Tax Advisor 4
Category: Tax
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Experience:  15years with H & R Block. Divisional leader, Instructor
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I am a Canadian citizen residing in Australia. I used to make

Customer Question

I am a Canadian citizen residing in Australia. I used to make a living in USA until I moved in late 2011. During the 2012 financial year, I made an income in the United States for a small amount, of which I paid federal taxes. How do I go about in filing my tax return in USA? Is it the same 1040 form or is it a different one? I started filling out the Form 2555, but they seem more interested in my Australian income (for which I am paying Australian taxes). What I'm trying to do is recover my tax refund, as my former US employer has witheld my US income tax.
Submitted: 1 year ago.
Category: Tax
Expert:  Megan C replied 1 year ago.
Thanks for asking your question! I'm sorry to hear about your tax issue and I'm going to try my best to help you understand or resolve it.

Thank you for your question, and thanks for using JustAnswer.com. The form you will want to file a tax return for is the 1040NR for non residents. This will only require you to account for your US sourced income.

Please let me know if you need anything additional. Thanks again for using JustAnswer.com and have a great day.

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You should be aware that your question, as with most tax questions, can never really be answered completely...addressing all the permutations; that is because of the many assumptions that have to be made I have done my best to determine what I think you are asking and answering it in the most direct and understandable manner possible. If, however, after reviewing the questions, you have any uncertainties or further questions, please do not hesitate to ask.

Expert:  Robin D. replied 1 year ago.
Hello and thank you for using Just Answer,
I am a different expert and although you will file the 1040NR form, providing you were not present in the US for the time to be a resident, you are allowed to exclude your income from taxation based on the treaty between the US and Canada.
As long as you were not in the US for more than 183 days you may exclude all your US income by claiming Treaty Article 14. Page of the 1040NR is where you will enter this provision.
This way you will request the refund from the US of the withholdings. The Form 2555 is used for Resident aliens and US citizens that are working abroad so unless you were a US resident alien you do not need that form.
I hope this explains your situation.

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