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Ask Dr. Fiona Chen Your Own Question
Dr. Fiona Chen
Dr. Fiona Chen, Certified Public Accountant (CPA)
Category: Tax
Satisfied Customers: 355
Experience:  Former IRS Revenue Agent
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I am a Canadian resident that was on a J-1 visa for half of

Customer Question

I am a Canadian resident that was on a J-1 visa for half of 2015 and half of 2016. I am filing 2015 taxes (late). I did not receive a W-2 but got a 1042S instead. I have children but they were living in Canada with my wife. I travelled back and forth on most weekends to be with my family in Canada and was present during the week in New York for my work/studies (I am a physician and was doing a fellowship). How do I file my 2015 taxes (which I know are late)? I have 2 children but they were both in Canada- are they dependents?
JA: The Accountant will know how to help. Is there anything else the Accountant should be aware of?
Customer: I have income in Canada from the first part of the year, prior to when I was in the US for my fellowship. I think that I am still a non-resident alien for tax purposes.
Submitted: 10 days ago.
Category: Tax
Customer: replied 10 days ago.
My total income from my 1042S was 42410 with a total withholding credit of 5937. I also have a 1095-C showing 1-H from Jan to June and 1-G from July to Dec 2015.
Expert:  Dr. Fiona Chen replied 10 days ago.

Dear Customer,

Please read the quotation below. The website links are also enclosed for your reference. They should explain your question. Nevertheless, please take time to interview and find a qualified tax return preparer to help your first U.S. tax return.

Please feel free to follow up.

Regards,

Fiona

Fiona Chen, MPA, Ph.D., CPA, ABV, CFF, CITP

https://www.irs.gov/individuals/international-taxpayers/taxation-of-resident-aliens

Claiming Exemptions

You can claim personal exemptions and exemptions for dependents according to the dependency rules for U.S. citizens. You can claim an exemption for your spouse on a Married Filing Separate return if your spouse had no gross income for U.S. tax purposes and was not the dependent of another taxpayer. You can claim this exemption even if your spouse has not been a resident alien for a full tax year or is an alien who has not come to the United States. You can claim an exemption for each person who qualifies as a dependent according to the rules for U.S. citizens. The dependent must be a citizen or national of the United States or be a resident of the United States, Canada, or Mexico for some part of the calendar year in which your tax year begins. Get Publication 501, Exemptions, Standard Deduction, and Filing Information for more information. Refer also to Aliens - How Many Exemptions Can Be Claimed?

CAUTION: Your spouse and each dependent must have either a Social Security Number or an Individual Taxpayer Identification Number in order to be claimed as an exemption or a dependent.

https://www.irs.gov/pub/irs-pdf/p501.pdf

U.S. citizen or resident alien.

If you are a U.S. citizen, U.S. resident alien, U.S. national (defined later) or a resident of Canada or Mex­ico, you may qualify for any of the exemptions discussed here. Nonresident aliens. Generally, if you are a nonresident alien (other than a resident of Can­ada or Mexico, or certain residents of India or Korea), you can qualify for only one personal exemption for yourself. You can't claim exemp­tions for a spouse or dependents. These restrictions don't apply if you are a nonresident alien married to a U. S. citizen or resident alien and have chosen to be treated as a resident of the United States. More information. For more information on exemptions if you are a nonresident alien,

see chapter 5 in Pub. 519.

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