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    Sariss's Avatar
    Sariss Posts: 1,471, Reputation: 244
    Ultra Member
     
    #1

    Jan 3, 2012, 03:14 PM
    Canadian Income Tax - American Husband
    I am a Canadian Citizen. This August I got married to an American Citizen. He stayed in Canada from May to November as a visitor (read: didn't work, etc). We have two joint bank accounts (chequing and savings), and his name is on my lease.
    He has never worked in Canada (or any country other than the USA for that matter). He is back in the USA until May.

    How complicated will this make things? My father used to do taxes for me, but this year he is unable. I was hoping to use something such as Turbo Tax, but now I am wondering if I should go elsewhere..
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #2

    Jan 3, 2012, 03:35 PM
    Regarding the Canadian Tax Return:

    I believe you will file by yourself, as I do not think the Canadian tax system allows joint returns. Since he did not work, he probably has NO requirement to file. Note that you should verify these assumptions with a Canadian tax expert.

    Regarding the U.S. Tax Return:

    You CAN file jointly, but you BOTH must declare ALL world-wide income. You can exclude YOUR income using Form 2555, or claim the Foreign Tax Credit using Form 1116. Best to model the return BOTH ways to see which is best for you. If you file jointly, YOU will need to submit Form W-7 with the tax return to get an Individual Tax Identification Number (ITIN). The Form W-7 makes efiling impossible.

    He can also file Married Filing Separately AND claim YOUR personal exemption, in which case NO ITIN for you is required, but it will require that he MAIL the return instead of filing electronically.

    If you want my professional help, email me at the email address in my signature below. If you do not see an email address, you can find it in my profile.
    Sariss's Avatar
    Sariss Posts: 1,471, Reputation: 244
    Ultra Member
     
    #3

    Jan 3, 2012, 03:41 PM
    Do I need to file with the US..
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #4

    Jan 4, 2012, 08:28 AM
    Probably not, but it MAY be more advantageous tax-wise if you file jointly and you CHOOSE to be treated as a resident. To know for sure, I have to model it both ways, which is why I suggested emailing me the details.

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