Common-law considered 'married' for US taxes?

[Panamai]

I haven't 'settled' yet, just put in my application for PR, but I wasn't getting any replies in the family class subforum. I'm about to file my US tax return for 2014. My partner and I became common-law on December 30, 2014. Am I required to file as 'married'? In the state where I last lived in the US, common-law marriages are not recognised (Arkansas), but obviously they are here in Ontario. I don't want to put the wrong thing! Also, IF I am considered 'married' in US tax standards, if I get him a taxpayer ID and we file jointly, will he only pay tax to the US if his owed tax exceeds the amount he pays Canada? I'm not completely clear on the tax laws. Thanks!

 

[rhcohen2014]

i would recommend double checking with an accountant, but i don't think you want to file taxes as married. you can easily still file taxes as single, and assuming your taxes are simple, it will not affect your standing with the IRS. my accountant told me this is quite normal for couples to do, and he has clients that claim single even though they have been married for 20+ years (he didn't even know they were married until it happened to come up). i would also be very careful about having your canadian partner getting involved in the IRS.

as he has no status in the US (worker, resident, citizen), there is absolutely no reason for him to pay taxes in the US, and that shouldn't change because he happens to be married to a US citizen. there are many crossborder couples who file taxes, and i never heard of the canadian spouse needing to file anything in the US.

 

[Panamai]

From what I read on the IRS website, it is an option whether the foreign spouse lives in the US or not. I think some people do this because you usually get more tax breaks if you file jointly. http://www.irs.gov/Individuals/International-Taxpayers/U.S.-Citizens-and-Resident-Aliens-Abroad---Nonresident-Alien-Spouse

 

[rhcohen2014]

From what I read on the IRS website, it is an option whether the foreign spouse lives in the US or not. I think some people do this because you usually get more tax breaks if you file jointly. http://www.irs.gov/Individuals/International-Taxpayers/U.S.-Citizens-and-Resident-Aliens-Abroad---Nonresident-Alien-Spouse

why on earth would anyone choose to do that? it's ASKING the IRS to tax your canadian spouse for no reason at all. i don't see how this would be a tax benefit at all. it even says it exempts you from benefits as a non-resident. to me, this just looks like a ridiculous attempt by the IRS to get more money out of people. i'm glad my financial standing is low enough that I don't have to worry about them prying in on my finances more than necessary. my canadian husband is staying OFF IRS's radar as long as possible!