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    1040nr

    powertax1
    Level 3

    Filing a 1040nr for a canadian resident.  I believe he is not entitled to the $6000 additional Big Beautiful Bill  credit.  How do I get it off his 1040nr tax return?

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    7 Comments 7
    TaxGuyBill
    Level 15

    What is the reason that you think the taxpayer doesn't qualify for it?

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    powertax1
    Level 3

    Taxpayer is a non-resident from Canada and single.

    I believe a Canadian is not entitled to the standard deduction either?

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    BobKamman
    Level 15

    For those who like circular guidance, IRS tells us in the instructions to Schedule 1-A "The special rules that apply to U.S. nationals; residents of Canada, Mexico, and South Korea; and residents of India who were students or business apprentices don't apply to the enhanced deduction for seniors. See Pub. 519 for more information."

    And then Pub 519 tells us, "Recent legislation provided for new deductions that take effect beginning in 2025. . . . For more information on these deductions, see the Instructions for Schedule 1-A in the Instructions for Form 1040."

     

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    powertax1
    Level 3

    I agree. However, when completing the ProSeries 1040 NR tax return, the $6,000 credit is applied???

    What box am I missing?

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    TaxGuyBill
    Level 15

    @powertax1 wrote:

    Taxpayer is a non-resident from Canada and single.

    I believe a Canadian is not entitled to the standard deduction either?


     

    Where do you see anything that being Canadian or being single disqualifies it?

    I don't see anything that disqualifies it.

    The $6,000 is an "exemption" in Section 151.  Before 2018, exemption deductions applied to everybody, including Nonresident Aliens.

    In some cases, other people could claim a person's exemptions deduction, the most common scenario was a parent claiming a dependent child's exemption.  The comment about Mexico, Canada, South Korea, etc. are referring to some "special rules" when other people could claim a person's exemption (which don't apply to the Senior Deduction). 

     

    Most Nonresident Aliens don't qualify for the Standard Deduction.  I would need to look it up, but I am pretty sure you are correct that Canadians aren't an exception to that rule.

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    BobKamman
    Level 15

    Interesting question.  Section 151 requires the taxpayer to have a valid SSN that meets certain conditions, I think mostly being permission to work in US.  Was this someone who once lived and worked in the US?  Was he ever a resident alien?  Has he given up his green card?  

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    sjrcpa
    Level 15

    "I believe a Canadian is not entitled to the standard deduction either?"

    Nonresident aliens can claim certain Itemized Deductions (such as taxes) that relate to the income taxed in the 1040NR. No standard deduction. No special rule for our neighbors to the north that I am aware of.


    The more I know the more I don’t know.
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