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How to file US income taxes, married, non-resident?

jimjam26

Full Member
Jun 20, 2017
34
1
So here's my situation:
  • Me: Born USA citizen, living in USA.
  • My Wife: Born CANADIAN citizen, living in CANADA.
  • We were married in Toronto Ontario, April 2017.
  • Plan is: Me immigrating to CANADA via OUTLAND family class sponsorship (as spouse).
  • We have not yet lived together.
  • We are still finishing up the OUTLAND application, and will be sending it soon.
In the meantime, I need to file my USA Income Taxes, and I have not been able to figure out how to file. I've talked with a couple tax agents, and they're stumped too. The IRS website and info books do not have specific information on how to file under these conditions.

Here's the tax situation:
  • We got married in 2017
  • We did NOT live together in 2017.
  • I (US citizen) do not have a Canadian SIN, nor any Canadian income.
  • My wife (CAN citizen) does not have a SSN, nor any US income.
Seems like a pretty simple situation. Our lives, living location, and income hasn't changed at all, except for the MARRIED status.
The most reliable information I have been able to find is that I am supposed to file MARRIED SEPARATELY. But my wife doesn't have a SSN or Tax ID to enter her info, nor does she live in the US, so she doesn't qualify as an Alien.

I can't figure this out, and my state tax prep agency can't figure it out, and H&R Block tax reps are stumped too. And my searches on this forum have shown that other people are hitting walls trying to find this info as well, from both IRS and CRA.

Can anyone help point me in the right direction? This can't be THAT uncommon of a situation.
 

pie_vancouver

Hero Member
Jun 12, 2014
963
86
Vancouver
Category........
Visa Office......
Manila
NOC Code......
1111
Job Offer........
Pre-Assessed..
App. Filed.......
2008
VISA ISSUED...
2009
LANDED..........
2010
Have you called IRS? Since you’re living in the US and CRA has nothing to do with you yet as you are not a PR.
H&R should know this, this is their job.
 

canuck78

VIP Member
Jun 18, 2017
55,710
13,566
There are accountants that specialize in cross border filings. There are enough people who have a mixture of Canadian and US residencies, jobs, etc that there is a market for them. Tax preparers have basic tax filing knowledge that is fine for straightforward tax preparation. Would probably start with basic accountant and seek more specialized advice if needed.
 

jimjam26

Full Member
Jun 20, 2017
34
1
There are accountants that specialize in cross border filings. There are enough people who have a mixture of Canadian and US residencies, jobs, etc that there is a market for them. Tax preparers have basic tax filing knowledge that is fine for straightforward tax preparation. Would probably start with basic accountant and seek more specialized advice if needed.
Do these specialists have a specific name? I'm not able to find anything on Google. Looking for "immigration income tax help" or "canadian income tax wisconsin" is just giving me links to H&R Block and small local tax prep places. I've already been to H&R as well as a few others, and no one has been able to help at all.

I figured I would need a specialist, but I don't live in a big city, and I don't think there are any around me for 50 miles. If I knew what to google for, or what the industry name for such a specific specialist was, I might be in the right direction. Any idea?
 

mgnlky

Champion Member
Jan 22, 2016
1,558
277
Vancouver
Category........
FSW
Visa Office......
Ottawa
NOC Code......
1122
Pre-Assessed..
Yes
App. Filed.......
22-12-2016
AOR Received.
22-12-2016
Med's Done....
04-11-2016
Passport Req..
22-3-2017
LANDED..........
04-09-2017
Do these specialists have a specific name? I'm not able to find anything on Google. Looking for "immigration income tax help" or "canadian income tax wisconsin" is just giving me links to H&R Block and small local tax prep places. I've already been to H&R as well as a few others, and no one has been able to help at all.

I figured I would need a specialist, but I don't live in a big city, and I don't think there are any around me for 50 miles. If I knew what to google for, or what the industry name for such a specific specialist was, I might be in the right direction. Any idea?
I can give you a tax guy in Vancouver who did my cross-border taxes. He seemed quite knowledgable.
 

Alex54321

Hero Member
Jul 28, 2017
521
128
USA
Category........
FAM
App. Filed.......
20-10-2017
AOR Received.
01-12-2017
So here's my situation:
  • Me: Born USA citizen, living in USA.
  • My Wife: Born CANADIAN citizen, living in CANADA.
  • We were married in Toronto Ontario, April 2017.
  • Plan is: Me immigrating to CANADA via OUTLAND family class sponsorship (as spouse).
  • We have not yet lived together.
  • We are still finishing up the OUTLAND application, and will be sending it soon.
In the meantime, I need to file my USA Income Taxes, and I have not been able to figure out how to file. I've talked with a couple tax agents, and they're stumped too. The IRS website and info books do not have specific information on how to file under these conditions.

Here's the tax situation:
  • We got married in 2017
  • We did NOT live together in 2017.
  • I (US citizen) do not have a Canadian SIN, nor any Canadian income.
  • My wife (CAN citizen) does not have a SSN, nor any US income.
Seems like a pretty simple situation. Our lives, living location, and income hasn't changed at all, except for the MARRIED status.
The most reliable information I have been able to find is that I am supposed to file MARRIED SEPARATELY. But my wife doesn't have a SSN or Tax ID to enter her info, nor does she live in the US, so she doesn't qualify as an Alien.

I can't figure this out, and my state tax prep agency can't figure it out, and H&R Block tax reps are stumped too. And my searches on this forum have shown that other people are hitting walls trying to find this info as well, from both IRS and CRA.

Can anyone help point me in the right direction? This can't be THAT uncommon of a situation.
As far as US taxation after marriage you can choose (special election, see below) to start filing your US tax return as married filing jointly since filing jointly generally will give you a bigger refund or less taxes due. Does not matter where your wife lives.

OK, do not take my words for this - look to the source:
Filing Status of a U.S. Citizen or Resident Alien Married to a Nonresident Alien
https://www.irs.gov/individuals/tax-trails-filing-status-of-a-u-s-citizen-or-resident-alien-married-to-a-nonresident-alien-1
When you make the special election to file as married filing jointly, your nonresident alien spouse agrees to be treated as a resident alien for tax purposes. You must report your combined worldwide income and deduct your combined allowable worldwide expenses. Once the election is made, it applies to all later years until it's properly terminated. For more information on this election, see "Nonresident Alien Spouse Treated as a Resident" in Publication 54, Tax Guide for U.S. Citizens and Resident Aliens Abroad.

Now, tell me how your Canadian wife files her individual Canadian taxes as a married woman?




 

jimjam26

Full Member
Jun 20, 2017
34
1
As far as US taxation after marriage you can choose (special election, see below) to start filing your US tax return as married filing jointly since filing jointly generally will give you a bigger refund or less taxes due. Does not matter where your wife lives.

OK, do not take my words for this - look to the source:
Filing Status of a U.S. Citizen or Resident Alien Married to a Nonresident Alien
https://www.irs.gov/individuals/tax-trails-filing-status-of-a-u-s-citizen-or-resident-alien-married-to-a-nonresident-alien-1
When you make the special election to file as married filing jointly, your nonresident alien spouse agrees to be treated as a resident alien for tax purposes. You must report your combined worldwide income and deduct your combined allowable worldwide expenses. Once the election is made, it applies to all later years until it's properly terminated. For more information on this election, see "Nonresident Alien Spouse Treated as a Resident" in Publication 54, Tax Guide for U.S. Citizens and Resident Aliens Abroad.

Now, tell me how your Canadian wife files her individual Canadian taxes as a married woman?



We just filed separate. It was way less hassle. I talked to a woman at the IRS and she explained how it works. You basically write in NRA for spouses social security number, and that's that. I have no idea how my wife filed her taxes. She talked to her own tax representatives and figured that out.
 

Alex54321

Hero Member
Jul 28, 2017
521
128
USA
Category........
FAM
App. Filed.......
20-10-2017
AOR Received.
01-12-2017
We just filed separate. It was way less hassle. I talked to a woman at the IRS and she explained how it works. You basically write in NRA for spouses social security number, and that's that. I have no idea how my wife filed her taxes. She talked to her own tax representatives and figured that out.
"I have no idea how my wife filed her taxes" - right, she is doing her Canadian individual tax return, but as married woman she has to enter her husband's income information.
 

jimjam26

Full Member
Jun 20, 2017
34
1
"I have no idea how my wife filed her taxes" - right, she is doing her Canadian individual tax return, but as married woman she has to enter her husband's income information.
Yeah we did all that already. We already solved this issue over a month ago.

I was eventually able to get a hold of an IRS representative who walked me through it.