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Working in both Australia and US - How to handle dual-country taxation?

I'm in a bit of a pickle with my taxes and hoping someone can point me in the right direction! I'm a Canadian citizen temporarily living in Georgia for my husband's job assignment (since May 2024). I've got this weird employment situation where I'm working part-time remotely for my Canadian employer while also picking up part-time work with a US company here. According to what I've researched, I qualify as a US tax resident under the substantial presence test. To complicate things further, we have some investments back home (need to file those PFIC forms I guess?) and we co-own a rental property in Canada that's generating income while we're away. From what I understand: - The tax treaty should let me claim Foreign Tax Credit for my Canadian income, but I'm confused about how this affects my Canadian tax return beyond just listing the US income. Does my Canadian employer need to do anything special for my 2025 tax documents? And is there any way to estimate if I'll owe additional taxes when filing my US return? - For the PFIC filing, we may need to pay tax on dividends - anyone know how to estimate how much this might be? We were told if we planned to stay longer, we should probably sell our holdings, which makes me think the tax hit must be significant (though my investments are only about $40k with maybe $3-4k in dividends). I do have an accountant, but this situation is so confusing that I want to understand it myself too! We're married and planning to file jointly. Happy to provide any other details that might help!

Ruby Blake

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One thing I didn't see mentioned yet is state taxation. Remember that while the US has tax treaties at the federal level, many states don't recognize these treaties! When I was working between Canada and Minnesota, I ended up with unexpected state tax liability despite having foreign tax credits at the federal level. Check if Georgia has any special provisions for international workers or if they fully tax worldwide income. Some states are more aggressive than others in taxing international income.

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Sophie Duck

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That's a great point I completely overlooked! Do you know if Georgia specifically has any special rules for this? Or where I should look to find out? I've been so focused on the federal side I haven't even thought about state implications.

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Ruby Blake

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Georgia does tax residents on worldwide income, unfortunately. You'll need to file Georgia Form 500 and report all income, including what you earned in Canada. Georgia doesn't automatically respect federal treaty positions, but they do allow a credit for taxes paid to foreign countries to avoid double taxation. Look for the "Credit for Taxes Paid to Another State or Country" section on your Georgia return. The credit is limited to the amount of Georgia tax attributable to the foreign income. The Georgia Department of Revenue website has detailed instructions, or you can call them directly at 1-877-423-6711 for clarification on your specific situation.

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Quick tip about PFICs - if your total foreign assets are under $50k for a single filer or $100k for joint filers, you might not need to file Form 8938 (FATCA reporting). But you likely still need to file FinCEN Form 114 (FBAR) if your foreign accounts exceeded $10k at any point during the year. For the PFIC specifically, consider making a QEF election if possible (depends on if the fund will provide you with an annual information statement). It's generally better tax treatment than the default PFIC rules.

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Ella Harper

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Adding to this great advice - if you didn't make the QEF election in the first year you held the PFIC, you might be able to make a late election using a "purging" procedure, but it's complicated and might result in immediate taxation of accumulated earnings. Sometimes it's still worth it to avoid the punitive default PFIC tax regime going forward. Also, keep an eye on the exchange rate fluctuations! The IRS allows several methods for currency conversion, and choosing the right one can make a significant difference in your tax liability.

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CyberSiren

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Just a thought - have you checked if you have any past due federal or state debt? The IRS can delay or reduce refunds to cover things like back taxes, child support, or defaulted student loans. This happened to my cousin last year, and the WMR tool never explained it.

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Liam McGuire

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I don't think I have any debts like that. My student loans are current and I don't have kids or back taxes that I know of. Would they at least notify me if they were taking my refund for something? This silence is what's killing me.

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CyberSiren

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They should definitely send you a notice in the mail if they're offsetting your refund for any debt, but sometimes those notices arrive after they've already adjusted your refund. The Treasury Offset Program handles these situations, and they're required to notify you, but the timing isn't always great. If you're concerned, you can call the Treasury Offset Program directly at 800-304-3107 to see if you have any federal debts in the system that might affect your refund. They can tell you immediately if there's anything on file that would cause an offset, even before the IRS processes your return fully.

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Have you tried using the IRS2Go app instead of the website? Sometimes it shows different info and updates faster than the website. I got nothing on the website but the app showed my refund was approved.

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Zainab Yusuf

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The app uses the same database as the website, so the information should be identical. The only difference is sometimes the app refreshes more frequently than the website during high traffic periods. I work in IT and know people who've worked on government systems - it's all pulling from the same data.

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I work in retail (not a tax professional) but we deal with this sometimes. The company is probably issuing the 1099-MISC because they're treating this as a settlement payment rather than a simple refund due to the dispute process and attorney general involvement. The W-9 requirement and notary signature make me think they're documenting this carefully for their own legal protection. You definitely shouldn't pay taxes on a refund for something you purchased - that would be double taxation.

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Yuki Tanaka

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Thanks for the insight from the retail perspective. Do you think I should just go ahead and sign their paperwork to get my money back, or try to push back on the 1099-MISC part? I'm worried that signing means I'm agreeing to their classification of this as something other than a simple refund.

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I would go ahead and sign to get your money back. Fighting them on the 1099 issue will likely just delay your refund further, and you've already waited almost a year. The important thing is how YOU handle it on your tax return, not how they classify it. When you file your taxes, you can properly categorize it as a refund rather than income regardless of what form they send. Just keep good documentation of the original purchase, the return attempt, and all communications about this being a refund for a returned item. That way, if there's ever a question, you have clear evidence this wasn't income.

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Something similar happened to me and I found out the company was reporting it as a 1099-MISC because the refund included extra compensation for the hassle beyond just the item cost. Did they mention if they're giving you any extra money beyond the original purchase price? That portion would actually be taxable.

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Good point about the extra compensation. When I had a dispute with an online retailer, they refunded my original $200 purchase but added an extra $50 for my trouble. Only the $50 was considered taxable income.

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Just to add another perspective - my wife and I were in almost the identical situation with my wife's younger cousin who lived with us throughout college. We provided housing, food, utilities, etc. while she was responsible for her own tuition (through loans) and personal expenses. We claimed her as a qualifying relative for two years with no issues. The key factors were: 1) She lived with us for more than half the year (college housing counted as temporary absence), 2) We provided more than half her total support, 3) Her income was under the threshold, and 4) Her parents weren't claiming her. Make sure you document everything though! Keep receipts for major expenses, utility bills showing your address as her residence, maybe even a written statement from her confirming the living arrangement. We didn't need any of this documentation, but better safe than sorry.

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Oscar Murphy

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This is really helpful! How did you calculate the value of housing and food to determine that you provided more than half her support? I'm trying to figure out how to quantify that properly.

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For housing, I used the fair rental value of the room she stayed in (looked at comparable rooms for rent in our area) plus a percentage of utilities based on our household size. For food, I tracked grocery expenses for a couple months and calculated her portion based on that. I also included car insurance since we added her to our policy, cell phone costs since she was on our family plan, and medical expenses we covered. For her part of the support equation, I included her earnings from her part-time job, scholarships that covered room and board (not tuition), and any other financial help she received. The IRS has a worksheet in Publication 501 that helps with this calculation. The key is being able to show that your contribution exceeded 50% of her total support from all sources. In our case, the housing value alone was significant enough to clearly demonstrate we provided most of her support.

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Has anyone used TurboTax to claim a non-relative dependent? I'm tryin to do this exact thing but the software keeps asking for a relationship and none of the options fit. Do I just pick "other dependent"??

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On TurboTax you should select "Other" when it asks for the relationship. Then when it asks if this person lived with you all year, select "Yes" (assuming they did, or if they were away at college but your home was their main residence). There's also a section where it will ask you to verify that you provided more than half their support.

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Friendly reminder that if your girlfriend is expecting a refund, she should file ASAP! I procrastinated on filing my 2022 taxes until last year, and I missed out on almost $2000 in refunds because I crossed the 3-year deadline. Don't make the same mistake!

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Oh crap, I had no idea there was a 3-year deadline on refunds! That's really good to know. Do you think we should use a tax service like Jackson Hewitt at this point or just try to do it ourselves with tax software?

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For a simple tax situation, tax software should work fine and save you money compared to Jackson Hewitt. Something like TurboTax or FreeTaxUSA can handle late filings easily. If her taxes are more complicated (self-employment, multiple income sources, investments, etc.), then a professional service might be worth the cost. They sometimes catch deductions or credits you might miss on your own. But for basic W-2 income, the software should be more than adequate and much cheaper.

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Just want to add - if she's getting a refund, the government has literally been holding her money interest-free this whole time. File now and get that cash back in her pocket!

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Exactly! IRS is the worst bank ever... they take your money all year and don't even pay interest when they owe you a refund, but they sure charge interest when you owe them šŸ˜‘

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