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JSCSuo · Feb 21, 2007, 03:06 PM

Hi, I just got married on Dec. 16, 2006. My spouse is a Canadian citizen and I'm a U.S. Citizen. We both are living in Canada. My income for 2006 was solely in the U.S. and my spouses income was solely in Canada. I have several questions relating to filing my taxes for 2006.

1. Should I file separately or jointly?

2. Do I need an ITIN for my spouse?

3. What happens if I file 'Married Filing Separately' and my spouse does not file? (Technically does my spouse need to file if they are Canadian and never have worked in the U.S. )

Thanks in advance.

AtlantaTaxExpert · Feb 22, 2007, 12:24 PM

If you file jointly, you will need an ITIN.

You need to contact a Canadian tax professional who is also familiar with U.S. tax law. I suspect you live in a town bordering the U.S.-Canadian border. If so, find an expert in both tax laws should not be a problem.

JSCSuo · Feb 22, 2007, 06:11 PM

If I file 'separately' do I still need and ITIN?

I live about 2 hours north east of the border, so that doesn't help me much.

Thanks for your help so far.

AtlantaTaxExpert · Feb 23, 2007, 12:17 AM

Ask around! I bet you will find someone.

Yes, you will still need the ITIN.

JSCSuo · Feb 23, 2007, 04:34 PM

Thank you for your help.

IntlTax · Feb 23, 2007, 08:05 PM

You need an ITIN to file jointly. You do not NEED an ITIN to file separately. You may be better off by getting one, but there is no need.

JSCSuo · Feb 23, 2007, 10:08 PM

Why does it ask for the ITIN on the 1040 form when filing separately but if you select jointly it does not ask for it. This is what really confuses the heck out of me.

AtlantaTaxExpert · Feb 24, 2007, 12:36 AM

Glitch in the software, which many people forget does not think!