+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

US Citizen Spouse Living in Canada, Filing Taxes

GustavesF

Hero Member
Oct 29, 2014
552
41
Category........
Job Offer........
Pre-Assessed..
App. Filed.......
01-04-2014
AOR Received.
26-01-2015
LANDED..........
08-10-2015
I went through the process of filing my wife's taxes with the IRS. She had almost no income at all except for the early disbursement from the retirement plan she was registered with before moving to Canada.

So, she's been in Canada for the entire 2014 tax year, and we filed her federal and state taxes.
I'm surprised she had to actually pay a little tax, seeing her "income" was only a few hundred dollars.
On her forms we stated we were filing separately, I have no USA income, and never lived there, so I'm not filing any USA taxes, so it makes sense that we're "filing separately" as I'm not filing, she is, and I've never lived there or made income there.

...anyway, now I want to file my Canadian taxes.

Does it make sense for me to say I'm filing a joint return? If I say I'm filing separately, then I don't imagine I get any credit for her essentially being a dependent and not being able to work. I suppose I'd list her USA income as income earned abroad, but how does that work? If I say we filed separately for her USA return, and joint in Canada, does that pan out? There must be some way to offset the fact that we're two people living in Canada surviving on a single income.

What's the standard practice? Should I have filed joint with her USA tax return as well?
 

zainy

Star Member
Jul 15, 2013
149
3
Category........
Visa Office......
NBI
Job Offer........
Pre-Assessed..
App. Filed.......
19-05-2015
AOR Received.
24-06-2015
File Transfer...
21-07-2015
Med's Done....
14-11-2014
LANDED..........
25-11-2015
Hi GustavesF,

I am actually in a similar situation. My husband and I got married last year in Canada and we are currently in the midst of filing our paperwork. I work remotely for a US company but it is part-time and nowhere near enough to sustain me financially. Really, it's only to keep me occupied and bring in "pocket money" if that. Hence, my husband supports the both of us financially. My question is also whether I would have to file taxes in Canada or to my home country (Kenya) and how should my husband portray this on his tax return?

Hopefully, someone on this forum will have some insight or guide us to the appropriate channels :)
 

o6ocpaka

Hero Member
Sep 19, 2014
233
9
Category........
Visa Office......
Ottawa
Job Offer........
Pre-Assessed..
App. Filed.......
24-02-2015
AOR Received.
none
File Transfer...
20-04-2015
Med's Done....
07-12-2014
Interview........
none
Passport Req..
visa exempt
VISA ISSUED...
08-10-2015
LANDED..........
11-11-2015
welcome to CRA hell my friend ;D
 

GustavesF

Hero Member
Oct 29, 2014
552
41
Category........
Job Offer........
Pre-Assessed..
App. Filed.......
01-04-2014
AOR Received.
26-01-2015
LANDED..........
08-10-2015
Does anyone have any insight on this?
 

rhcohen2014

VIP Member
Apr 6, 2014
4,935
185
Category........
Visa Office......
Ottawa
Job Offer........
Pre-Assessed..
App. Filed.......
March 17, 2014
Doc's Request.
April 11, 2014
AOR Received.
May 8, 2014
File Transfer...
May 9, 2014
Med's Request
upfront
Med's Done....
Nov 15, 2013
Interview........
waived
Passport Req..
July 15, 2014
VISA ISSUED...
July 25, 2014/ received August 1, 2014
LANDED..........
August 29, 2014
GustavesF said:
Does anyone have any insight on this?
i'd recommend messaging Rob_To, he seems to have pretty good knowledge about this topic. he's recently replied to other tax questions here, so other tax related threads might also provide insight.

best of luck.... attempting this at the end of the month!
 

keesio

VIP Member
May 16, 2012
4,795
396
Toronto, Ontario
Category........
Visa Office......
CPP-O
Job Offer........
Pre-Assessed..
App. Filed.......
09-01-2013
Doc's Request.
09-07-2013
AOR Received.
30-01-2013
File Transfer...
11-02-2013
Med's Done....
02-01-2013
Interview........
waived
Passport Req..
12-07-2013
VISA ISSUED...
15-08-2013
LANDED..........
14-10-2013
GustavesF said:
I went through the process of filing my wife's taxes with the IRS. She had almost no income at all except for the early disbursement from the retirement plan she was registered with before moving to Canada.

So, she's been in Canada for the entire 2014 tax year, and we filed her federal and state taxes.
I'm surprised she had to actually pay a little tax, seeing her "income" was only a few hundred dollars.
On her forms we stated we were filing separately, I have no USA income, and never lived there, so I'm not filing any USA taxes, so it makes sense that we're "filing separately" as I'm not filing, she is, and I've never lived there or made income there.

...anyway, now I want to file my Canadian taxes.

Does it make sense for me to say I'm filing a joint return? If I say I'm filing separately, then I don't imagine I get any credit for her essentially being a dependent and not being able to work. I suppose I'd list her USA income as income earned abroad, but how does that work? If I say we filed separately for her USA return, and joint in Canada, does that pan out? There must be some way to offset the fact that we're two people living in Canada surviving on a single income.

What's the standard practice? Should I have filed joint with her USA tax return as well?
The standard practice is that you and your wife file Canadian taxes first. You reference her SIN number on your return so you can claim credits. There is no "joint" filing in Canada. Then your wife files her US taxes, just her - separately. You usually need to file Canadian first to see how many tax credits you can claim based on Canadian taxes paid. Now you wife was not working in 2014 so she can just file the FEIE which exempts the first 97K USD of foreign income earned and her tax situation is simple for now. But down the road it will get more complex, especially if she gets RESP, TFSA, Canadian Mutual Funds outside an RRSP/RPP (I recommend she not get any of the above). I do encourage looking into getting an accountant who specializes in cross-border taxes for a first few years to get familiar with everything.

I recommend this thread also:
http://www.canadavisa.com/canada-immigration-discussion-board/-t184395.0.html
 

zainy

Star Member
Jul 15, 2013
149
3
Category........
Visa Office......
NBI
Job Offer........
Pre-Assessed..
App. Filed.......
19-05-2015
AOR Received.
24-06-2015
File Transfer...
21-07-2015
Med's Done....
14-11-2014
LANDED..........
25-11-2015
Hi Keesio!

I referred to the other thread you mentioned, but I'm still confused mostly because I'm not a US citizen but lived there for a couple of years therefore, filing taxes there. I got married to a Canadian citizen last June and have been working remotely for a US company (that I previously worked for) however, I am an independent contractor for them, not a payroll employee.

Someone suggested that I would only be responsibly for paying taxes to my home country which is Kenya especially because I am part time and do not make anywhere close to what mu husband does.

Do you have any suggestions or thoughts on my case?

We are looking into an accountant who is familiar with US/Canadian tax laws but I just thought I would get some feedback on here before we see him.

Thank you to all!
 

Rob_TO

VIP Member
Nov 7, 2012
11,426
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
GustavesF said:
Does it make sense for me to say I'm filing a joint return? If I say I'm filing separately, then I don't imagine I get any credit for her essentially being a dependent and not being able to work. I suppose I'd list her USA income as income earned abroad, but how does that work? If I say we filed separately for her USA return, and joint in Canada, does that pan out? There must be some way to offset the fact that we're two people living in Canada surviving on a single income.

What's the standard practice? Should I have filed joint with her USA tax return as well?
I have no idea about how taxes need to be filed with the IRS in the US.

However for your Canadian taxes, you need to change your marital status with CRA to married. Then since she is living with you here now, you can definitely claim her under the spousal amount in your tax return. CRA will ask for her "world income" earned in 2014, and that is the amount you will enter to determine your spouse amount tax credit. If her world income was over around $11K, you will get no benefit. But if she earned zero then you will get the maximum benefit which is somewhere around $1500-$2000 back on your own taxes.

If she doesn't have a SIN, you can indicate 000 000 000 in your tax return for her SIN, as that is widely recognized by CRA to indicate a dependent/spouse with no SIN or a non-resident. Your tax program may or may not accept the 000 entries depending which one you're using.
 

GustavesF

Hero Member
Oct 29, 2014
552
41
Category........
Job Offer........
Pre-Assessed..
App. Filed.......
01-04-2014
AOR Received.
26-01-2015
LANDED..........
08-10-2015
keesio said:
The standard practice is that you and your wife file Canadian taxes first. You reference her SIN number on your return so you can claim credits. There is no "joint" filing in Canada. Then your wife files her US taxes, just her - separately. You usually need to file Canadian first to see how many tax credits you can claim based on Canadian taxes paid. Now you wife was not working in 2014 so she can just file the FEIE which exempts the first 97K USD of foreign income earned and her tax situation is simple for now. But down the road it will get more complex, especially if she gets RESP, TFSA, Canadian Mutual Funds outside an RRSP/RPP (I recommend she not get any of the above). I do encourage looking into getting an accountant who specializes in cross-border taxes for a first few years to get familiar with everything.

I recommend this thread also:
http://www.canadavisa.com/canada-immigration-discussion-board/-t184395.0.html
Ah, well we've already done the first step wrong. By filing her taxes first.

However:
My wife only has American income this year. She has $0 Canadian income.
100% of her "income" has been her cancelling her retirement fund (which she had only paid into for a year...).
So I suppose that makes it simple, as she has zero non-US income to claim on her US taxes.

Thanks for linking that thread, when she does finally get to work I suppose I'll definitely need to get an accountant.
 

GustavesF

Hero Member
Oct 29, 2014
552
41
Category........
Job Offer........
Pre-Assessed..
App. Filed.......
01-04-2014
AOR Received.
26-01-2015
LANDED..........
08-10-2015
Rob_TO said:
I have no idea about how taxes need to be filed with the IRS in the US.

However for your Canadian taxes, you need to change your marital status with CRA to married. Then since she is living with you here now, you can definitely claim her under the spousal amount in your tax return. CRA will ask for her "world income" earned in 2014, and that is the amount you will enter to determine your spouse amount tax credit. If her world income was over around $11K, you will get no benefit. But if she earned zero then you will get the maximum benefit which is somewhere around $1500-$2000 back on your own taxes.

If she doesn't have a SIN, you can indicate 000 000 000 in your tax return for her SIN, as that is widely recognized by CRA to indicate a dependent/spouse with no SIN or a non-resident. Your tax program may or may not accept the 000 entries depending which one you're using.
Change marital status with CRA to married. Done!
World income below $11k, check!
TurboTax accepts all 0's, check!

Perfect! Thanks so much for your help! You're highly recommended!