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Filing
taxes in the United States for the money earned while in the WDWIP
can be a very tricky task, to say the least. Some countries
have income tax treaties which allow reciprocal tax exclusion for
certain individuals, typically students. Participants from
other countries (all but Canada and Japan to the best of my knowledge)
must file and pay taxes as a normal U.S. citizen would, and are
usually eligible for a return. This tax guide is designed
primarily for Canadians taking advantage of the Canada/US Tax Treaty.
One word of caution, since I am by no means an expert on the subject,
take the information here only as advice from one person, not an
official source. Below you will find the format for filing
I have used, what others have commented about filing, and of course,
the forms you will need are located on the left bar.
UPDATE:
Gary W. Carter is a U.S. tax practitioner with an on-line service,
thetaxguy.com
specializing in returns for international visitors, especially students,
scholars and trainees. His site features a Tax Guide for Aliens,
and an open forum for tax questions. For the most up-to-date information
on filing U.S. taxes while in the WDWIP, check out his site!
Suggested
method
The
following is the method of filling out the 1040NR-EZ as it was done
in previous tax years. This resulted in rebates for everyone
who filed in this manner.
Address
information should be filled out as instructed; Identifying number
is your Social Security number
Line-by-line
information:
Andy,
check out the tax treaty at the following address,
http://www.intltaxlaw.com/treaties/canada/treaty.htm
and compare articles XX and XV. I'm pretty sure XV is the right
one
(which was backed up by my article I posted to the VLB). I think
article
XX only applies to money received outside of the states.
Here's what article XV says according to my source:
---------------------------------------------------
2. ...renumeration 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 renumeration 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
Here's how I translated article XX (which may be wrong):
--------------------------------------------------------------------
Payments which a student, apprentice or business trainee, who is
or was
immediately before visiting [the United States] a resident of [Canada],
and who is present in [the United States] for the purpose of his
full-time
education or training, receives for the purpose of his maintenance,
education or training shall not be taxed in [the United States]
provided
that such payments are made to him from *outside* [the United States].
(this basically says, I think, if you're a student (which I guess
we
are) and receive scholarship money and/or money from parents to
support
yourself or pay for school you don't have to pay tax on it *if it
came
from Canada*).
My source backs this up as well when it says: "The U.S.-Canada
tax treaty
contains no *specific benefits* for either students or visiting
scholars
who are residents of Canada.
As well, what you have written for item J is not entirely correct
(but I
don't think it's really incorrect either).
"J. Enter the $amount followed by "US/Canada Income Tax
Treaty,
publication 597, Article XX - students"
The US - Canada Income Tax Treaty is not really Publication 597.
Publication 597 is really only an overview/synopsis of what the
US-Canada
Income Tax Treaty provides. It does not contain the individual articles.
The IRS doesn't publish the treaty because it's a common document
shared
between the United States and Canada. My source suggests that you
should
specifically claim that you made less than $10,000 by writing "earned
income less than $10,000, Article XV" for the second part of
item J.
What
others have said
excerpts from the VLB:
"Just
to let you know I checked it all out on both ends and you only have
to file taxes on money you made in Canada in Canada, and in the
USA on the money you made in the USA this is according to the guy
from the IRS here in Florida. There is no tax treaty between the
US and Canada and you don't have to pay tax on the same money twice.
He also told me that there has been a problem with the way that
Canadian pavilion people have done there us taxes for the last five
years, and that the days of full refunds are over. No one is exempt
because of there citizenship.
All of us that are down here now owe from 10$$ to about 300$$ so
be careful when you file your US
taxes because they are no longer playing around!"
- Patrick B.
Here's
some more information I found regarding declaring tips and allocated
tips.
I found a page from another university with step by step instructions
for filling out a 1997 1040NR-EZ
form. Most importantly is what it says for step #15.
-----------------------------
If you are employed in a job where you earn tips, and you did not
report $20 or more in tips in any one
month to your employer, you must complete Form 4137 to calculate
social security tax on those tips and
record it here. (F-1, J-1, M-1, and Q nonresident aliens employed
with INS permission are not subject to
social security tax and may disregard this item.)
------------------------------
You can find this document at:
http://www.wooster.edu/oisa/1040NR-EZ.html
- Trent S.
As
for those of us who were not servers and made more "official"
money on our W-4's from what I could
find I think that if we made over $10,000 we're screwed. From the
IRS site it says you are only exempt
from taxes if you made less than $10,000 or if you were in the US
for less than 183 days in the year AND
the money doesn't come from a US employer. Neither of these last
2 conditions are true for us. If this is
right and I am not exempt from paying tax I am in trouble because
my rough calculations show I will owe
another $300 US on top of what Disney deducted! I hope I made a
mistake or that I am wrong about
something.
-
Darren B.
First
of all, there is most definitely a Canada-U.S. tax treaty. Second
of all, how would this guy have any idea about how the Canadian
pavilion has been filing taxes for the last five years??? He's correct
in saying that you don't have to pay taxes twice--you pay them all
in Canada. Now I am most definitely not an expert in this area but
I can't see how everyone could have gotten their money back last
year, and now this year everyone has to pay?!
Nothing has changed with tax laws. I did some investigation on the
'net and think I found a pretty relevant
link. I reproduced the information below. But if you want to check
the original page, here's the URL:
http://www.upenn.edu/oip/fsa/tax/canatre.html
This is from the University of Pennsylvania, Tax Information for
International Students page.
----------------------------------------------------------------
Information about the U.S.-Canada 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.
The first provision, contained in 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.
Article XV provides that:
2. ...renumeration 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 renumeration 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, "U.S. Nonresident Alien Income
Tax Return," or Form 1040NR-EZ,
"U.S. Income Tax Return for Certain Nonresident Aliens With
No Dependents."
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."
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."
-
Trent S.
Hey
there guys I hate to break it to you, but the good old Canadian
government somehow found out that I
declared my taxes in the US, and I got a nice little note saying
that I had already been issued my foreign
tax credit on my Canadian cheque, therefor I now owed the Canadian
government the money I got in the
states back to them!!!! It could be different because I am an American
citizen, but I never told them, so
somehow they found out.
-
Nancy S.
I
believe yes you are supposed to claim your taxes here as that is
why we get our taxes back in the
states--b/c os some treaty...however no the likelihood of them ever
finding out that you worked there is
very doubtful ( this is what I have been told) For years now no
Canadian has filed and they haven't gotten
in and trouble. But a few have claimed. If I would have claimed
last year I would have had to pay the cdn
government over 2,000 dollars..more than the money I got back from
Disney. I landed up not filing last
year and I was refunded about 300. Its up to you.
- Carolyn D.
Thanks
to everyone else who has been contributing to the tax thread on
the VLB!
Bottom
Line
How
you file your return and who you listen to is your choice, and all
advice, including that here, should be carefully scrutinized.
Remember, if you DO happen to file incorrectly, you can always petition
it, if you don't mind waiting for your $$.
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