US outland applicants' thread :)

[computergeek]

That's why I plan to die penniless and insane!

I think that's a good plan, actually.

 

[parker24]

That's the point of DOMA - it says that for purposes of US Federal law, only heterosexual marriage is recognized. Prior to that date, the US Government had always relied upon the states to define marriage. Under the US Constitution, however, marriages in one state were recognized in other states. The best example are anti-miscegenation laws that were on the books in a number of states until the 1960s when they were overturned by the US Supreme Court (Loving v Virginia). If a couple went to a liberal state (like California) and were married in that state and then moved to Virginia (where interracial marriage was illegal) the Commonwealth of Virginia was still required to recognize it.

Once you leave the US, your previous state of residence doesn't really matter much for tax purposes - you don't have to file a state return. But as a US Citizen you are obligated to declare your worldwide income every year and pay any tax due.

The attitude in the US Congress is that anyone who leaves the US must be doing so to defraud the government. That's why we now have FATCA and we must file FBARs and our foreign spouses must have 30% of the value of our life insurance proceeds withheld. Even our estates are taxed differently - any property jointly owned with one's spouse is counted as 100% owned by the US Citizen, for example. It's likely to get worse, because of course the best taxes are levied on a despised minority, such as those scofflaw tax cheats who fled the US...

Mr. TaxMan (your new name! ) I'm curious about this. As my husband didn't work at all last year, would he still have to file? I called IRS and they said no, but I'm getting conflicting other information online so curious what your take is on that.

 

[computergeek]

Mr. TaxMan (your new name! ) I'm curious about this. As my husband didn't work at all last year, would he still have to file? I called IRS and they said no, but I'm getting conflicting other information online so curious what your take is on that.

He does not have to if he doesn't meet the income requirements to file. But it is still prudent to do so, just because you don't want them asking him six years from now for his missing 2012 tax return - or worse yet "filing" it on his behalf.

The IRS never files the same way you would file. They have a tendency to make up numbers that are not in your favour.

 

[parker24]

He does not have to if he doesn't meet the income requirements to file. But it is still prudent to do so, just because you don't want them asking him six years from now for his missing 2012 tax return - or worse yet "filing" it on his behalf.

The IRS never files the same way you would file. They have a tendency to make up numbers that are not in your favour.

Yikes. I guess I better find out the forms he will need. We already agreed he would file Married, File Seperately, but not sure if I'd still need the special number or not. Hm.

 

[computergeek]

Yikes. I guess I better find out the forms he will need. We already agreed he would file Married, File Seperately, but not sure if I'd still need the special number or not. Hm.

The ITIN? It's annoying to get, but dealing with the IRS generally is...

 

[parker24]

The ITIN? It's annoying to get, but dealing with the IRS generally is...

Yeah that haha. I wasn't sure if I'd need it if he was filing "seperately" frick I hate the IRS *grumbles*

 

[OhCanadiana]

Well, you could become a US PR and get a SSN instead. You have all the docs to prove your relationship already put together.


....<running for cover>

 

[parker24]

Well, you could become a US PR and get a SSN instead. You have all the docs to prove your relationship already put together.


....<running for cover>

Yeah you better run! I have enough health problems to put us in debt till we're 105!

 

[Shylox]

That's the point of DOMA - it says that for purposes of US Federal law, only heterosexual marriage is recognized. Prior to that date, the US Government had always relied upon the states to define marriage. Under the US Constitution, however, marriages in one state were recognized in other states. The best example are anti-miscegenation laws that were on the books in a number of states until the 1960s when they were overturned by the US Supreme Court (Loving v Virginia). If a couple went to a liberal state (like California) and were married in that state and then moved to Virginia (where interracial marriage was illegal) the Commonwealth of Virginia was still required to recognize it.

Once you leave the US, your previous state of residence doesn't really matter much for tax purposes - you don't have to file a state return. But as a US Citizen you are obligated to declare your worldwide income every year and pay any tax due.

The attitude in the US Congress is that anyone who leaves the US must be doing so to defraud the government. That's why we now have FATCA and we must file FBARs and our foreign spouses must have 30% of the value of our life insurance proceeds withheld. Even our estates are taxed differently - any property jointly owned with one's spouse is counted as 100% owned by the US Citizen, for example. It's likely to get worse, because of course the best taxes are levied on a despised minority, such as those scofflaw tax cheats who fled the US...

You lost me.

So like, after I land and all that stuff, is there a users manual or something I can get that will explain what I have to do to not be arrested for tax fraud? hahaha I'm so afraid that I'm not going to know I have to claim something for the US and end up in trouble Why can't it just be as simple as landing and just being done with it all, is it going to be this confusing forever?

 

[tavora]

Yikes. I guess I better find out the forms he will need. We already agreed he would file Married, File Seperately, but not sure if I'd still need the special number or not. Hm.

I found this on an expats forum that says the Non Resident Alien spouse doesn't need an ITIN unless the American plans to claim him or her as a dependent: http://www.expatforum.com/expats/expat-tax/99946-us-taxes-married-nra.html

Of course, I have no idea what the credentials of the poster are, but she seems to know what she's talking about.* This confirms what another US friend told me, although he specializes in corporate accounting.

*She says she is a former CPA and a current accountant in France later in the thread.

 

[Canuck20]

You lost me.

So like, after I land and all that stuff, is there a users manual or something I can get that will explain what I have to do to not be arrested for tax fraud? hahaha I'm so afraid that I'm not going to know I have to claim something for the US and end up in trouble Why can't it just be as simple as landing and just being done with it all, is it going to be this confusing forever?

Nothing is ever simple eh !!

I have always done my own taxes but when my parents both passed away in the past 2 years I needed to have their final tax returns done and to make sure they were done correctly I took them to an accounting company that would do them. This accounting company also has an accountant that does US taxes and after talking to him we will be having him do both the US federal and the state taxes. He will also do my Canadian tax return this year since it will be more complicated now that I am married. We were concerned that the US taxes had to be in by April 15 but he advised us that there is a 2 month grace period when you are out of country. This will allow us to do the Canadian taxes first. Of course we are hoping that the landing might take place before all taxes are due.

Still keeping an eye on your timeline Shylox as we are very close in our dates

 

[lawgrrl]

I thought Canada didn't accept double citizenship US/Can? Is that true?

It's not a problem for CIC or for the US. Here's a link from the U.S. Embassy in Ottawa on the topic: http://canada.usembassy.gov/consular_services/dual-citizenship.html and from the Canadian government: http://travel.gc.ca/travelling/publications/dual-citizenship

Not a bad deal! Lots of US/Canadian citizens enter the US with their US passport, and return to Canada with their Canadian one. Although, every time we enter from the US the border guard wants to be absolutely SURE we don't have any guns. Can't say that I blame them!

 

[lawgrrl]

I'm curious about this. As my husband didn't work at all last year, would he still have to file? I called IRS and they said no, but I'm getting conflicting other information online so curious what your take is on that.

First off, you can get a different answer from the IRS every time you call--the accuracy of their "help desk" is stunningly sub-par. As a former attorney and the spouse responsible for all our financial affairs (including and especially taxes) I've been researching this one for a couple of years now, well before we even assembled and submitted my PR app. Citizens of the US are generally required to file US returns. If he has no income to declare, he's not required to file, but remember that unemployment benefits, bank interest, etc. all count as "income." We will continue to file US returns, just to stay on the safe side.
I stumbled across this blog on the subject. Don't know who maintains it, but he's assembled a lot of reports and articles from reputable sources (Financial Times, Financial Post, CPA websites, etc.) Read only when you don't already have a headache: http://usxcanada.wordpress.com/start-here/

 

[parker24]

First off, you can get a different answer from the IRS every time you call--the accuracy of their "help desk" is stunningly sub-par. As a former attorney and the spouse responsible for all our financial affairs (including and especially taxes) I've been researching this one for a couple of years now, well before we even assembled and submitted my PR app. Citizens of the US are generally required to file US returns. If he has no income to declare, he's not required to file, but remember that unemployment benefits, bank interest, etc. all count as "income." We will continue to file US returns, just to stay on the safe side.
I stumbled across this blog on the subject. Don't know who maintains it, but he's assembled a lot of reports and articles from reputable sources (Financial Times, Financial Post, CPA websites, etc.) Read only when you don't already have a headache: http://usxcanada.wordpress.com/start-here/

Well the thing is, he literally had NO INCOME, except what I made from disability. Which is why I was confused as heck haha.

 

[crna80]

Canadian husband sponsor, immigrations called his workplace today to I guess verify his employment. It is a seasonal position so he is currently on EI and they requested a copy of his ROE, also asked how how he was living financially. I thought once they approved the sponsor this was all checked. Also didn't expect a phone call. At least this means my app is being looked at and he said we should hear in a couple of weeks. anyone else have this experience?