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File U.S. Tax Returns in Canada

Who Has to File U.S. Tax Returns in Canada

U.S. citizens and Green card holders living in Canada and otherwise outside the United States;
Canadians and other nonresident alien individuals who sold their U.S. real property in 2019;
Canadians and other nonresident alien individuals who are claiming a refund of any overwithheld U.S. taxes in 2019;
Canadians and other nonresident alien individuals with U.S. rental income making (or who made) net rental income election;
Certain Fiscal year-end Canadian and other non-U.S. corporations that have a U.S. permanent establishment;
Calendar year-end Canadian and other non-U.S. corporations filing a treaty-based protective return;
Certain Fiscal year-end U.S. domestic corporations.

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What Tax Forms Do I Need to File Taxes?

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U.S. Residents
  • Form 1040 – U.S. Individual Income Tax Return
  • Form 3520 – Annual Return To Report Transactions With Foreign Trusts and Receipt of Certain Foreign Gifts
  • Form 5471 – Information Return of U.S. Persons With Respect  To Certain Foreign Corporations
  • Form 8621 – Information Return by a Shareholder of a Passive Foreign  Investment Company or Qualified Electing Fund
  • Form 8833 – Treaty-Based Return Position Disclosure
  • Form 8938 – Statement of Specified Foreign Financial Assets
  • FBAR – FinCEN Form 114 – Report of Foreign Bank and Financial Accounts (note that due to an automatic 6-month extension, the deadline for filing the 2019 tax year FBAR is October 15, 2020)

This is an automatically extended due date that applies to U.S. persons (U.S. citizens and Green card holders) residing outside the United States. They are considered U.S. persons (residents) for U.S. federal income tax purposes.

  • Form 1040 – U.S. Individual Income Tax Return
  • Form 2555 – Foreign Earned Income
  • Form 5471 – Information Return of U.S. Persons With Respect  To Certain Foreign Corporations
  • Form 8621 – Information Return by a Shareholder of a Passive Foreign Investment Company or Qualified Electing Fund
  • Form 8833 – Treaty-Based Return Position Disclosure
  • Form 8938 – Statement of Specified Foreign Financial Assets

This is an extended due date. Note that depending on the form filed, an affirmative action to extend the original due date for filing the respective form may have been required.

  • Form 1040 – U.S. Individual Income Tax Return
  • Form 2555 – Foreign Earned Income
  • Form 8621 – Information Return by a Shareholder of a Passive Foreign Investment Company or Qualified Electing Fund
  • Form 8938 – Statement of Specified Foreign Financial Assets
  • FBAR – FinCEN Form 114 – Report of Foreign Bank and Financial Accounts
U.S. Nonresidents (Nonresident Alien Individuals)

US nonresidents are required to file their U.S. income tax return (Form 1040-NR) by this due date, provided they were employed and received wages subject to U.S. income tax withholding.

  • Form 1040-NR – U.S. Nonresident Alien Income Tax Return
  • Form 8833 – Treaty-Based Return Position Disclosure
  • Form 8840 – Closer Connection Exception Statement for Aliens

This is general filing due date for US nonresidents, provided they did not have wages subject to U.S. income tax withholding.

  • Form 1040-NR – U.S. Nonresident Alien Income Tax Return
  • Form 8833 – Treaty-Based Return Position Disclosure
  • Form 8840 – Closer Connection Exception Statement for Aliens

This is an extended due date for original April 15 due date filers.

This is an extended due date for original June 15 due date filers.

US Resident Entities (Including Trusts)
  • Form 1120-S – U.S. Income Tax Return for an S Corporation
  • Form 1065 - U.S. Return of Partnership Income
  • Form 8804 – Annual Return for Partnership Withholding Tax
  • Form 8805 – Foreign Partner’s Information Statement of Section 1446 Withholding Tax
  • Form 1120 – U.S. Corporation Income Tax Return
  • Form 5472 – Information Return of a 25% Foreign-Owned U.S. Corporation or a Foreign Corporation Engaged in a U.S. Trade or Business
  • Form 1041 – U.S. Income Tax Return for Estates and Trusts

This is an extended due date for original March 15 and April 15 due date filers.

Extended due date for Form 1041 – U.S. Income Tax Return for Estates and Trusts

US Nonresident Entities (Including Trusts)
  • Form 1065 - U.S. Return of Partnership Income
  • Form 3520-A – Annual Information Return of Foreign Trust With a U.S. Owner
  • Form 8804 – Annual Return for Partnership Withholding Tax
  • Form 8805 – Foreign Partner’s Information Statement of Section 1446 Withholding Tax
  • Form 1120-F – U.S. Income Tax Return of a Foreign Corporation
  • Form 5472 – Information Return of a 25% Foreign-Owned U.S. Corporation or a Foreign Corporation Engaged in a U.S. Trade or Business
  • Form 1120-F – U.S. Income Tax Return of a Foreign Corporation
  • Form 8804 – Annual Return for Partnership Withholding Tax
  • Form 8805 – Foreign Partner’s Information Statement of Section 1446 Withholding Tax

This is an extended due date for original March 15 (and where applicable April 15) due date filers.

This is an extended due date for original April 15 due date filers.

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U.S. Tax Return Preparation
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