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american_woman · Jan 6, 2011, 01:36 PM

I tried to do my taxes using turbotax's online program but I can't seem to answer the questions correctly regarding our status as living at a foreign address, etc. The program keeps asking for my husbands SS number which he obviously doesn't have. Do I need to file using a different form or something? I've only lived here in Canada for the last 6 months and need to file a return for the first half of 2010 as unmarried.

AtlantaTaxExpert · Jan 6, 2011, 01:52 PM

First, if you are married on 31 December 2010, the IRS considers you married for the ENTIRE year.

As for HOW to file, you can file Married Filing Separately, in which case your spouse does NOT need a SSN or ITIN. You simply enter his name and MANUALLY print the words "Non-Resident Alien) where his SSN would go. By filing this way, you CANNOT file electronically; the return MUST be mailed.

Now, you CAN file jointly with your husband, reporting ALL world-wide income for BOTH of you and using a combination of the Earned Income Exclusion (Form 2555) and the Foreign Tax Credit (Form 1116) to avoid double taxation. This method would require your husband to complete and sign a Form W-7 to request an Individual Tax Identification Number (ITIN). He would staple a notarized photocopy of his passport to the W-7, then paper clip both documents to the joiont tax return, which you BOTH would sign. He also need to sign a statement that he CHOOSES to be treated as a resident alien for all of 2010.

Due to the Form W-7, this return must be mailed as well.

You would need to model the returns BOTH ways to determine which is the best course of action tax-wise.

If you need professional help (HIGHLY recommended), contact me at [email protected].

american_woman · Jan 6, 2011, 01:59 PM

Thank you! Who knew things would get so complicated! Haha

AtlantaTaxExpert · Jan 14, 2011, 12:42 PM

LIFE is complicated, so why should our taxes be simple?

Besides, if it was simple, people would not pay me all that money to prepare their returns! :-)

whodatgirl · May 21, 2012, 07:50 AM

Help my husband has had a visitors visa since 2009 he never filed they told my to send a letter with his pension income every year and we did:[ but this year he got a sin and he filed but my gst stopped is this why and are we in trouble help?

whodatgirl · May 21, 2012, 07:53 AM

I feel like we screwed up he was not earning an income here for 2half years he is waiting for his permanent status

AtlantaTaxExpert · May 21, 2012, 08:00 AM

Not sure what you mean by "GST".