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IRS Question

Kitsel

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I have called the IRS, but was told they no longer answer this question.

I am a US resident who married a Canadian Dec. 2014. How the heck do I file my taxes. We have never actually lived together. I thought I could just file married/filing separately. I already owe plenty to the IRS, but that isn't the problem. My Canadian husband is clueless too. He doesn't have to file his taxes until April 30. I know, I'm screwed/dumb. Be kind.
 

Mapleson

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rhcohen2014

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how long have you been in canada? if you've been in canada for more than 183 consecutive days, then you will be considered a resident for tax purposes. if you haven't and have no other ties to canada (besides your husband), then you are not required to file canadian taxes until you become pr. your husband can add you to his cdn return as a non resident spouse, and he would use 000 000 000 for a sin #. he will need your world income for his return. for this scenario, you will just file us taxes normally. you can still file as single in the US, even if you are married. this makes it a lot easier.

if you are considered a resident of cdn for tax purposes, then you will want to file your taxes in canada first, before filing your us taxes. you will probably be required to get an ITN to file your canadian taxes since you don't have a sin #. you will be required to give your world income - all the money made in that year anywhere in the world. you will be able to use your cdn taxes for credit in the us, so you are not double taxed.

since the deadline for filing in the us is tomorrow, you will want to request an extension from the IRS. I believe the extension gives you until june.
 

cali2bc

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rhcohen2014 said:
how long have you been in canada? if you've been in canada for more than 183 consecutive days, then you will be considered a resident for tax purposes. if you haven't and have no other ties to canada (besides your husband), then you are not required to file canadian taxes until you become pr. your husband can add you to his cdn return as a non resident spouse, and he would use 000 000 000 for a sin #. he will need your world income for his return. for this scenario, you will just file us taxes normally. you can still file as single in the US, even if you are married. this makes it a lot easier.

if you are considered a resident of cdn for tax purposes, then you will want to file your taxes in canada first, before filing your us taxes. you will probably be required to get an ITN to file your canadian taxes since you don't have a sin #. you will be required to give your world income - all the money made in that year anywhere in the world. you will be able to use your cdn taxes for credit in the us, so you are not double taxed.

since the deadline for filing in the us is tomorrow, you will want to request an extension from the IRS. I believe the extension gives you until june.
Are you sure that you can still file as single, even though you are married? I was under the impression that in this scenario, the US citizen would have to file as married filing separately?
 

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cali2bc said:
Are you sure that you can still file as single, even though you are married? I was under the impression that in this scenario, the US citizen would have to file as married filing separately?
The married filing separately is in cases where both are filing separately, but wish to alter the split between some claimed amounts.
 

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cali2bc said:
Are you sure that you can still file as single, even though you are married? I was under the impression that in this scenario, the US citizen would have to file as married filing separately?

yes, i have filed as single for the past 2 years since being married and have had no issue so far. since your spouse is not required to pay taxes in the us, i'm not sure how complicated it would make things to file married/filing separately. this is what my accountant advised me to do, since my current income is not very high and it's a bit more complicated when you have a foreign spouse. as long as you aren't looking for deductions/credits you wouldn't be eligible for otherwise, it's not an issue. my accountant said he has clients who he just found out are married and he's been filing their taxes as single for over 20 years. i think the irs cares when your income hits a certain bracket and/or you are trying to claim deductions/credits you wouldn't be able to do when married.
 

cali2bc

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rhcohen2014 said:
yes, i have filed as single for the past 2 years since being married and have had no issue so far. since your spouse is not required to pay taxes in the us, i'm not sure how complicated it would make things to file married/filing separately. this is what my accountant advised me to do, since my current income is not very high and it's a bit more complicated when you have a foreign spouse. as long as you aren't looking for deductions/credits you wouldn't be eligible for otherwise, it's not an issue. my accountant said he has clients who he just found out are married and he's been filing their taxes as single for over 20 years. i think the irs cares when your income hits a certain bracket and/or you are trying to claim deductions/credits you wouldn't be able to do when married.
Interesting. We were married on December 31st, 2014 so I am seriously considering filing as single, especially since he doesn't live here.
 

Ponga

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cali2bc said:
Are you sure that you can still file as single, even though you are married? I was under the impression that in this scenario, the US citizen would have to file as married filing separately?
No, if you're married you have to file as a married couple (either jointly or separate).

http://budgeting.thenest.com/filing-federal-income-tax-married-better-filing-single-10167.html

Remember, if you’re married, you have to file as such. If you file as single and the IRS gets wind of it, you could face federal criminal charges. The only legal option for you as a married person to submit a tax return using the single filing status is if you are legally separated under a divorce or separate maintenance decree according to the laws in your state of residence.

If you are Common-Law, you can file as single (in The U.S.):

http://www.nolo.com/legal-encyclopedia/free-books/living-together-book/chapter4-6.html

Common law marriage counts as a real marriage as far as taxes are concerned. If you live in one of the states that recognize common law marriage and you hold yourself out to be married, you are also married for federal tax purposes and should file accordingly. However, if you and your partner live together with no intent to be married, you may (and should) file as single individuals even if you live in a state recognizing common law marriage.
 

rhcohen2014

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Ponga said:
No, if you're married you have to file as a married couple (either jointly or separate).

http://budgeting.thenest.com/filing-federal-income-tax-married-better-filing-single-10167.html

Remember, if you're married, you have to file as such. If you file as single and the IRS gets wind of it, you could face federal criminal charges. The only legal option for you as a married person to submit a tax return using the single filing status is if you are legally separated under a divorce or separate maintenance decree according to the laws in your state of residence.

If you are Common-Law, you can file as single (in The U.S.):

http://www.nolo.com/legal-encyclopedia/free-books/living-together-book/chapter4-6.html

Common law marriage counts as a real marriage as far as taxes are concerned. If you live in one of the states that recognize common law marriage and you hold yourself out to be married, you are also married for federal tax purposes and should file accordingly. However, if you and your partner live together with no intent to be married, you may (and should) file as single individuals even if you live in a state recognizing common law marriage.
well then i'll keep you updated if the irs ever comes after me. my accountant has been doing my taxes for years, and i had no issue last year, nor this year. my income isn't high enough for the IRS to even care. sometimes, what the irs says on a website and what happens in reality are 2 different things. just like most other government agencies. i can gurantee you there are probably 1000s of people filing single, even if they are married and the irs never "gets wind of it". if the irs gets wind of many things, you're in hot water. i'm willing to take the risk and not have to deal with the more complicated scenario. perhaps when i start making an actual livable income, things will change. until then, c'est la vie.
 

Ponga

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well then i'll keep you updated if the irs ever comes after me. my accountant has been doing my taxes for years, and i had no issue last year, nor this year. my income isn't high enough for the IRS to even care. sometimes, what the irs says on a website and what happens in reality are 2 different things. just like most other government agencies. i can gurantee you there are probably 1000s of people filing single, even if they are married and the irs never "gets wind of it". if the irs gets wind of many things, you're in hot water. i'm willing to take the risk and not have to deal with the more complicated scenario.
Why are you getting so defensive? I'm merely pointing out what I found to substantiate what most people seem to think anyway; that filing as a single person when they are legally married, may not be a good idea!


And, for the record, the link that I posted was NOT from the IRS, but...this one is:
http://www.irs.gov/uac/Eight-Facts-About-Filing-Status

(option 3 is not available for a married couple).

? ? ?
I am NOT trying to cause waves. Honest! ;)
 

rhcohen2014

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Ponga said:
Why are you getting so defensive? I'm merely pointing out what I found to substantiate what most people seem to think anyway; that filing as a single person when they are legally married, may not be a good idea!

I am NOT trying to cause waves. Honest! ;)
i'm not getting defensive. i don't think it's appropriate to tell people what they "have" to do just because a financial website says this is what the irs says. everyone's circumstances are different, and just because it's what is recommended or what is written on the irs website, it doesn't mean everyone HAS to do it and those who don't will reap major consequences. we are here to share our experiences. my experience is with filing taxes as single in the us and i've had no issue with it. others may feel comfortable not doing so, that is their choice.

cali2bc said:
Interesting. We were married on December 31st, 2014 so I am seriously considering filing as single, especially since he doesn't live here.
that's what i would do. i would also recommend talking to your accountant and getting their advise as to what is best for your situation. for me, since my income was so low, it really wasn't a concern.
 

Ponga

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i'm not getting defensive. i don't think it's appropriate to tell people what they "have" to do just because a financial website says this is what the irs says. everyone's circumstances are different, and just because it's what is recommended or what is written on the irs website, it doesn't mean everyone HAS to do it and those who don't will reap major consequences. we are here to share our experiences. my experience is with filing taxes as single in the us and i've had no issue with it. others may feel comfortable not doing so, that is their choice.

that's what i would do. i would also recommend talking to your accountant and getting their advise as to what is best for your situation.
Well, the same can be said for telling a married person that they can, or should, file as single.

Ok then. :eek:
 

rhcohen2014

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Ponga said:
Well, the same can be said for telling a married person that they can, or should, file as single.

Ok then. :eek:
um well, i never said "should" as i don't normally "should" people because i don't live their life and i am not eligible to tell someone how or what they "should" do. i said CAN which is far different than MUST in my opinion. Can is an option, must suggests there is no option.

guess we have differences of opinions as to the difference in terminology. sheesh!
 

Ponga

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um well, i never said "should" as i don't normally "should" people because i don't live their life and i am not eligible to tell someone how or what they "should" do. i said CAN which is far different than MUST in my opinion. Can is an option, must suggests there is no option.

guess we have differences of opinions as to the difference in terminology. sheesh!
No, we have a difference of opinion regarding the entire matter of being married and filing single. LOL!

And for the record... you told the OP several times in one of your posts here that "You will...", which is pretty much the same as `should', right?
 

rhcohen2014

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Ponga said:
No, we have a difference of opinion regarding the entire matter of being married and filing single. LOL!

And for the record... you told the OP several times in one of your posts here that "You will...", which is pretty much the same as `should', right?
not in my opinion. "you will want" is still an option in my book. maybe in your book it is, and i'm sooooo sorry that i told someone something they will want to do based on my own experience. again, difference of opinion. is there anything else you'd like to argue about because i'm kind of over it at this point. seriously this forum is so draining at times. peace out people.