IRS Question

[Ponga]

not in my opinion. "you will want" is still an option in my book. again, difference of opinion. is there anything else you'd like to argue about because i'm kind of over it at this point and i don't understand what you're trying to prove. do you want me to apologize for telling someone something they want to do when they asked a question? i'm so sorry to give my opinion on the matter and share what it is i did to file my taxes.

Wow. I'm really sorry that you're so upset. I really value the help that you give around here.

I, once again, was merely posting information for the OP to digest; nothing more. I've yet to find anything that says that a person that is legally married being able to file as a single person with the IRS, but...that's fine.

Personally, I can totally relate to the cross-border `headaches', with this issue being one of them. I'm in no way telling YOU what, if anything, YOU should do differently.

 

[rhcohen2014]

Wow. I'm really sorry that you're so upset. I really value the help that you give around here.

I, once again, was merely posting information for the OP to digest; nothing more.

yes, i understand this, as this is what i was attempting to do as well. this is what the forum is for.

 

[Alurra71]

It is highly recommended that you file as 'Married filing separately'.

You need not disclose your spouses' income from Canada, and your spouse 'technically' does not need any ITN to list on the tax forms. You only need put his/her name.

If you have filed as single previously and have gotten a refund based on EIC, you could be accused of tax fraud which would have implications beyond just what you might have to repay to the IRS.

I would strongly suggest you file as married, because you ARE MARRIED, whether your spouse lives in the US or Canada or Japan is not the point. There is a reason why they make these classes, because each has it's own set of rules and guidelines.

Tax law states that you must file married joint/ married filing separate or head of household if you are married. To qualify for the latter, you would need to meet some criteria. The law is pretty clear about this, even if it is only tax law it's still law and should be followed lest your risks increase exponentially.

To answer the other part of the question, you only need to file your standard 1040 along with the 8965 (if you live in Canada - it's for the Obamacare waiver bit) and if you have any retirement accounts in Canada they are also subject to IRS taxes. I can't remember the amount, but I believe it is 25K or more. The specific forms required can be found on the IRS.gov website.

If anyone would like to read about the facts I have noted, then look up publication 17 @irs.gov. This will give you classes/definitions and help you to determine even further which class you should be filing under.

If any of you who have been filing as single with low income have managed to get EIC; even though you were in fact married; I suspect you might want to consider filing an amended return.

Fun FACTA (yes, I intentionally spelled it that way), the IRS and CRA share your information If your spouse filed married the IRS already knows ...

 

[Applechunks]

yes, i understand this, as this is what i was attempting to do as well. this is what the forum is for.

While I understand that you are trying to help people, Rebecca. Your methods and tone are appalling. You continually belittle people that may not grasp this very complicated situation as well as you do. You claim to be an "HR professional" yet your interactions with people border on bullying at times. In a professional HR environment you would be required to interact with a great number of people many of whom you will find disdainful, you should try to work on hiding your disdain a little better.
Perhaps you would do well to think back to when you were new to this process and maybe find your validation elsewhere, you have after all already completed this process.
There are a number of people, myself included who will no longer use this otherwise helpful forum as a result of your aggression.

 

[rugrat907]

We were married in 2014, but my wife has no US income and only spent a total of about 6 weeks in the US, split over a couple of different trips. I'm following this piece of the IRS rules from Publication 17. PDF is http://www.irs.gov/pub/irs-pdf/p17.pdf

From page 22:

"If you file a separate return, you generally report only your own income, exemptions, credits, and deductions. You can claim an exemption for your spouse only if your spouse
had no gross income, is not filing a return, and was not the dependent of another person. You can file Form 1040. If your taxable income is less than $100,000, you may be able to file Form 1040A. Select this filing status by checking the box on line 3 of either form. Enter your spouse's full name and SSN or ITIN in the spaces provided. If your spouse does not have and is not required to have an SSN or ITIN, enter “NRA” in the space for your spouse's SSN.

Use the Married filing separately column of the Tax Table or Section C of the Tax Computation Worksheet to figure your tax."

Your mileage may vary...

 

[Mapleson]

The fact of the matter is that you receive tax breaks for being married. The IRS never goes after people for paying too much taxes. So long as you aren't hiding global income or double claiming with your spouse in different jurisdictions, then you are in the clear, even if you eventually get audited. While not exactly the same situation Publication 501 states: "Nonresident alien spouse. You are considered unmarried for head of household purposes if your spouse was a nonresident alien at any time during the year and you do not choose to treat your nonresident spouse as a resident alien." While not the exact situation, it shows the connection between unmarried status and alien spouses.

 

[Snowisland]

I am in the US married to a Canadian as of Dec. 20, 2014. I tried to get my accountant to file my taxes with Non resident alien with no US income and use 0's for the Tax payer identification number for my husband's info. I had to show I was married, as there is a specific question that asks if you are married as of Dec. 31, 2014, however I had the choice of filing married or filing married filing separately. I was advised by my financial adviser and the accountant to file married and filing seperately. The accountant refused to file without an application for a ITIN for my husband. She said she did have to mail my taxes and my payment in, with a copy of the W7 application and my husband's proof of id. She will be filing a request for an extension on my taxes which will be good until October 1st, however we are very depressed as this is delaying our Outland application paperwork, we have not filed yet because we have to pay our taxes first.

Here is my question...How does my Canadian husband get a certified copy of his passport? He completed the w7 form but we can't mail it in without a certified copy of his passport, and we both use our passport too often to mail it off for 6 to 10 weeks. I think there are places that he can appear in person with his passport and get a certified copy the same day, but I am not sure where. He lives in B.C.

Also, how do I get a certified copy and apply for a ITIN so he can file his taxes? He will be showing that we are married. Can I get my passport certified in BC or must it be done here in the US where I live?

Thank you very much for your help.

 

[Ponga]

The following is posted for informational purposes only and does not constitute legal advice:


https://americansabroad.org/issues/taxation/us-taxes-while-living-abroad-faq/
When is my tax return due?

For Americans living within the US, the tax return is always due on April 15th or the following Monday (if the 15th is a weekend or a holiday). A two month extension is automatically given to citizens living abroad putting the expat due date (for filing purposes) at June 15th. The two month extension is automatic, but an additional extension can be filed for if needed. The filed-for extension moves the due date (for filing purposes) as far back as October 15th. Neither of these extensions apply to paying taxes. Any taxes owed, regardless of whether you are stateside or abroad, are due on April 15th.

 

[Ponga]

I am in the US married to a Canadian as of Dec. 20, 2014. I tried to get my accountant to file my taxes with Non resident alien with no US income and use 0's for the Tax payer identification number for my husband's info. I had to show I was married, as there is a specific question that asks if you are married as of Dec. 31, 2014, however I had the choice of filing married or filing married filing separately. I was advised by my financial adviser and the accountant to file married and filing seperately. The accountant refused to file without an application for a ITIN for my husband. She said she did have to mail my taxes and my payment in, with a copy of the W7 application and my husband's proof of id. She will be filing a request for an extension on my taxes which will be good until October 1st, however we are very depressed as this is delaying our Outland application paperwork, we have not filed yet because we have to pay our taxes first.

Here is my question...How does my Canadian husband get a certified copy of his passport? He completed the w7 form but we can't mail it in without a certified copy of his passport, and we both use our passport too often to mail it off for 6 to 10 weeks. I think there are places that he can appear in person with his passport and get a certified copy the same day, but I am not sure where. He lives in B.C.

Also, how do I get a certified copy and apply for a ITIN so he can file his taxes? He will be showing that we are married. Can I get my passport certified in BC or must it be done here in the US where I live?

Thank you very much for your help.

Your husband could go here:
http://vancouvernotary.biz/article/vancouver-certified-true-copy-canadian-passport-irs-itin-applications

While you can try here (in Vancouver):
http://www.redsealnotary.com/embassy-canada/united-states/consulate-vancouver.html

Or, just ask your local notary in your city:
http://www.notarypublicstamps.com/articles/can-a-notary-certify-a-copy-of-a-passport-or-a-drivers-license/

Good luck!

 

[rugrat907]

I am in the US married to a Canadian as of Dec. 20, 2014. I tried to get my accountant to file my taxes with Non resident alien with no US income and use 0's for the Tax payer identification number for my husband's info. I had to show I was married, as there is a specific question that asks if you are married as of Dec. 31, 2014, however I had the choice of filing married or filing married filing separately. I was advised by my financial adviser and the accountant to file married and filing seperately. The accountant refused to file without an application for a ITIN for my husband. She said she did have to mail my taxes and my payment in, with a copy of the W7 application and my husband's proof of id. She will be filing a request for an extension on my taxes which will be good until October 1st, however we are very depressed as this is delaying our Outland application paperwork, we have not filed yet because we have to pay our taxes first.

Here is my question...How does my Canadian husband get a certified copy of his passport? He completed the w7 form but we can't mail it in without a certified copy of his passport, and we both use our passport too often to mail it off for 6 to 10 weeks. I think there are places that he can appear in person with his passport and get a certified copy the same day, but I am not sure where. He lives in B.C.

Also, how do I get a certified copy and apply for a ITIN so he can file his taxes? He will be showing that we are married. Can I get my passport certified in BC or must it be done here in the US where I live?

Thank you very much for your help.

Too bad about your accountant, because it states in the IRS rules that you can file without an ITIN. I quoted the exact passage in my post earlier in this thread.

And not filing your U.S taxes shouldn't prevent you from filing your Outland application. There's no requirement about that in the application process, nor do you need to supply them when filing for an outland PR application. Any support issues are based on your Canadian sponsor's Option C, which is based on what he's filed in Canada.

 

[Snowisland]

Thank you Ponga! I did send a check to the IRS so that I won't pay penalties for filing late and I believe my accountant is filing the extension request in time, however she does not have the ITIN yet so she is sending a note that my husband is applying for one. But she won't actually file my taxes without the W7. I can obtain a copy of what she intends to file for my tax return and give it to my husband to add to his taxes if needed.

From what I could tell in the US, they will not accept anything but certified copies, so it is wonderful news that I can get a notorized copy of my passport or driver's license to send with my request for a ITIN.

 

[swestenzweig]

I'll relay my situation, in the event it helps out some of you. I am sure some of you here are in similar situations awaiting PR:

I recently married my Canadian spouse in December 2014. My wife lives in Canada and all of her income is from within Canada. I live in the US and all of my income is from US sources. We have one child together and one daughter from my wife's previous marriage (I have not formally adopted). As I help pay to support my wife and these two children in Canada, I was hoping to get some credit on my US taxes for doing so. I typically file my taxes on my own with the help of TurboTax, but I realized quickly that TurboTax was unable to accurately handle my situation (for starters, I could not enter my wife's foreign income).

At that point, I reached out to a CPA firm in Buffalo, NY which specializes in cross-border accounting. I spoke with a CPA over the phone to explain my circumstances. She advised me that it would be better to file a joint return, as the deductions are much higher in my scenario. In addition, I was advised to file an extension with the IRS (which I've done) and await the completion of my wife's Canadian tax return. She indicated that I would be able to get credit for the support I provide my wife and children, even though they are in a foreign country.

I don't know the details of how they intend to prepare my taxes, but I do know that I'd be leaving quite a bit of money on the table had I not consulted a CPA and allowed TurboTax to do the work. To be sure, the cost of enlisting a big accounting firm to handle this is not cheap, but I estimate the increase in the overall return well exceeds the cost of preparation. Just some food for thought...

 

[swestenzweig]

Too bad about your accountant, because it states in the IRS rules that you can file without an ITIN. I quoted the exact passage in my post earlier in this thread.
...

From what I've read on the IRS site, this is accurate. Only dependents are required to have an ITIN.

 

[cali2bc]

For the record, I ended up filing as married filing separately. I already had the form 90% completed, and since my spouse and I had $0 community property (and 1 day of being married in 2014), it really wasn't difficult to file as married filing separately. Besides, when your spouse is a NRA, community property tax doesn't really apply.