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Canadian Citizen Purchased Property In USA

Currently I have a client that resides in Canada. Both husband and wife is Canadian citizen, where as husband holds US green card with a social security number. Wife only have a ITIN from US and no green card, no social security number. They purchased 2 rental in Washington State for rental. They both never lived in WA state and only stayed in Canada. In this case am I suppose to file a 1040 tax return for them or 1040NR?

I asked on another place and the CPA I talked to told me to file 1040 and all the worldwide income will be taxed (or husband can file 1040, and then the wife can file 1040NR only for the US rental portion). But then my client told me that since he did not physically live in USA, he don't have to file a 1040 and can file 1040NR since he doesn't live in US and can prove his citizen with Canada. In this case, should I file a 1040 or 1040NR form for them? I use intuit pro to file all my US customer tax returns with forms 1040/1040A/1040EZ and I don't think that software supports 1040NR if I have to file. What other alternative software do you guys recommend if I had to file 1 exclusive 1040NR for this client of mine?

Thank You


Topic Expert
Wayne Spivak
Title: President & CFO
LinkedIn Profile
(President & CFO, |

My advice is not seek "free" advice on boards but search out and hire an expert in this area of tax and pay for their advice.

You have a complex tax/legal issue and it seems as you acting as their tax preparer/advisor. You don't want to commit malpractice.


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