Separation and Taxation (US and Canada)

[Yellowhead 12]

My husband and I separated on February 3, 2013. I was living in California and worked for 3 weeks before moving back to Canada. We have not yet divorced but plan to file for that shortly.

I got a call from him today in California and he is doing his taxes and wants to include me on his taxes in California. I worked a lot in Canada in 2013 and paid a lot of taxes in Canada. I am listed as separated for taxation purposes, however he never changed his status in California. After filing as married by separated, and not claiming me as a dependent, he is noticing he owes money on taxes rather than getting a refund. He is frustrated and called me saying he may have to include me on his taxes for 2013 as a result.

My issues are as follows:

- I am not claiming him on my Canadian taxes as I am listed as separated.

- I am not filing US taxes as I know there is a tax treaty and was simply going to include out of country income on my Canadian return.

- I am fearing he will file for both of us in California and have it mess up my taxes and return here in Canada. He insists on "asking someone to see" even though I told him to absolutely NOT file for me there.

Could someone shed light on what will happen in either situation and what my best option is with this? I thought you could only file in one country due to the tax treaty but I want to provide him with this information so he leaves me out of it all. I don't want his slacking off on changing his status and wanting to pay his taxes owed to affect my taxes in Canada and cause headaches for me. Please help :S

[Flames9_RN 358]

Look out for numero uno!!!! Great forum here for taxes http://forums.serbinski.com/viewforum.php?f=2

[bob.sansmal 14]

It seems to me that if he claims you without your permission, that he should be in the wrong and should face any penalties - especially since you two were separated so early in 2013. It may also be significant as to which of you files first.

He should have changed his withholding once you two separated....not your fault that he didn't.

You might want to push ahead quickly for the divorce since, even though separated, you may (or may not, IANAL) still face some liability for debts that he incurs, possibly including tax debts...

Also....if he does file for "both of you" I think that he somehow needs to get your signature on the forms....if he forges it then I think he'll be in for a whole lot more trouble than missing a refund.

Edited January 26, 2014 by bob.sansmal

[Rob & Monika 87]

The tax treaty doesn't mean you don't have to file taxes, it prevents you from being double taxed. If you had any money withheld by the state or IRS, you would want to file to try and get that back. If he's going to get a refund by filing jointly, make him split the refund with you. It can't hurt to run the numbers and see how things will turn out.