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Necrotica

Filing joint US taxes this year...

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Hey, everyone. Hope you're all doing well. :)

I am so overwhelmed by filing taxes this year. I've been doing them online via TurboTax every year without any issues, but I can't seem to be able to do that this year because of my husband's foreign income. He worked from January 1st, 2007, to August 24th, 2007 in Canada, earned a gross income of $15,674.21, then moved to the USA on August 31st, 2007. He received no EI, had no RRSPs, and did not work in the USA. We have no children/dependents.

This is what I have figured out so far (please correct me if I'm wrong):

- His income goes on line 7.

- We can enclose a letter declaring Réjean a resident for tax filing purposes even though he did not have his green card in 2007.

These are the questions I have:

- It's Form 2555 that we file to make sure Réjean's Canadian income is not double-taxed, right? How about the 2555-EZ? What about Form 1116?

- Do I send in Réjean's T4 and the "Revenus d'emploi et revenus divers" thing from Revenu Québec in with the return?

- I read that I have to convert Réjean's foreign income into US dollars before putting it on the tax return. Is it done with today's exchange rate or the exchange rate as of August 24th, 2007, or December 31st, 2007?

- Does any of the TurboTax (or TaxAct, etc.) software allow us to fill out the tax forms electronically, including the form used to get the tax credit, so I don't have to do it via pencil and paper? I know I can't file electronically because of needing to send in the statement declaring Réjean a resident for tax purposes with the return, but just having the computer fill out the form for me like I'm used to will help take some of the stress off. I want to do the return myself if at all possible... I don't know if I trust H&R Block, but if I have to have them do it, I'll let them.

Thanks for your help. I'm sorry if this is repetitous; I have read a ton of other threads on here ("Filing 2007 taxes in the US", "Filing 2006 Canadian Income Taxes", "Taxes, Help!!!", "Tax Information", plus IRS's Publication 519), but it's not making things any clearer for me.

Edited by Necrotica

08/25/06 - 08/08/07 - K1 timeframe from mailing the petition to the NSC to K1 approval at the Montréal Consulate

08/31/07 - Réjean makes the big move to the USA

09/22/07 - MARRIED!

10/09/07 - Réjean gets his SSN

Adjustment of status:

10/26/07 - Mailed AOS/EAD/AP

11/23/07 - Biometrics appointment

12/14/07 - I-485 transferred to the California Service Center

12/28/07 - EAD approved!

01/07/08 - EAD received

02/08/08 - GREEN CARD APPROVED!!!!!!

02/16/08 - Green card received!

*headdesk*:

01/02/09 - Réjean loses his wallet containing his drivers license, Social Security card, and green card

02/04/09 - Our best friends bail us out by giving us the money to file for the replacement green card!

02/12/09 - E-filed I-90 for the replacement green card along with the $370 filing fee (including biometrics)

02/19/09 - NOA1

02/25/09 - Biometrics appointment

05/01/09 - Replacement green card received

Removal of conditions:

01/07/10: Mailed I-751 packet by overnight mail to the CSC

01/11/10: I-751 packet delivered and signed for

01/19/10: Received NOA1

01/28/10: Biometrics (did walk-in due to Réjean being out on the road on original date of 02/10/10)

02/03/10: APPROVED!!!

02/05/10: Received e-mail from USCIS saying the card production has been ordered

02/06/10: Received letter typed on plain paper from USCIS congratulating Réjean on his removal of conditions approval

02/11/10: Green card received

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

your case seems really similar to ours. I've never bothered with a letter-my hubby had a SSN from prior J1 visas-I just filed jointly, included both our income on line 7, then excluded all of the Canadian income using the 2555EZ. The 2555EZ has a little work sheet where you figure the portion of $80,000 that you can exclude based on how much you lived in the foreign country.

It probably wouldn't hurt to include a copy of the T4, but I haven't and have never been called on it.

I haven't used a tax software since getting married so can't help on that one. Also, just by excluding the hubby's income we've gotten all of the tax withheld back so I've never bothered with the 1116

met summer 1999, summer 2000 hooked up-whoo hoo summer fling

summer fling failed to fizzle, married 2003

I-130 mailed 12/15/03

4/1/04 no word from NE contacted senators office, app found

NOA1 4/13/04

Gave up on ridiculously long US process-started Canadian

12/4/04 submitted app

LSS app returned because of missed signatures, lost in transit, resubmitted in June

9/28/05 landed, yippie

10/4/05 fly back to US to "finish up Master's" lose mind and switch to PhD

Damn it back to the US process

3/something/2005 finally get NOA2, no idea why it took so long

4/15/07 get case approval from NVC

8/9/07 Montreal here we come

10/14/07 hubby activated his visa

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included both our income on line 7

Did you have to convert it to US dollars first?

08/25/06 - 08/08/07 - K1 timeframe from mailing the petition to the NSC to K1 approval at the Montréal Consulate

08/31/07 - Réjean makes the big move to the USA

09/22/07 - MARRIED!

10/09/07 - Réjean gets his SSN

Adjustment of status:

10/26/07 - Mailed AOS/EAD/AP

11/23/07 - Biometrics appointment

12/14/07 - I-485 transferred to the California Service Center

12/28/07 - EAD approved!

01/07/08 - EAD received

02/08/08 - GREEN CARD APPROVED!!!!!!

02/16/08 - Green card received!

*headdesk*:

01/02/09 - Réjean loses his wallet containing his drivers license, Social Security card, and green card

02/04/09 - Our best friends bail us out by giving us the money to file for the replacement green card!

02/12/09 - E-filed I-90 for the replacement green card along with the $370 filing fee (including biometrics)

02/19/09 - NOA1

02/25/09 - Biometrics appointment

05/01/09 - Replacement green card received

Removal of conditions:

01/07/10: Mailed I-751 packet by overnight mail to the CSC

01/11/10: I-751 packet delivered and signed for

01/19/10: Received NOA1

01/28/10: Biometrics (did walk-in due to Réjean being out on the road on original date of 02/10/10)

02/03/10: APPROVED!!!

02/05/10: Received e-mail from USCIS saying the card production has been ordered

02/06/10: Received letter typed on plain paper from USCIS congratulating Réjean on his removal of conditions approval

02/11/10: Green card received

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Filed: Timeline
included both our income on line 7

Did you have to convert it to US dollars first?

Yup - all amounts should be reported in USD. I used the Department of Commerce rate for dec. 31st; which was 0.9990

I sent in (just today)

1040 married filing jointly

2555 foreign income exclusion (or whatever the name).

I did attach my T4s, just in case.

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included both our income on line 7

Did you have to convert it to US dollars first?

Yup - all amounts should be reported in USD. I used the Department of Commerce rate for dec. 31st; which was 0.9990

I sent in (just today)

1040 married filing jointly

2555 foreign income exclusion (or whatever the name).

I did attach my T4s, just in case.

Thank you so much!!!

0.9990... wow... that pretty much evens it out, doesn't it?

Thank goodness this is the only year I have to do this...

08/25/06 - 08/08/07 - K1 timeframe from mailing the petition to the NSC to K1 approval at the Montréal Consulate

08/31/07 - Réjean makes the big move to the USA

09/22/07 - MARRIED!

10/09/07 - Réjean gets his SSN

Adjustment of status:

10/26/07 - Mailed AOS/EAD/AP

11/23/07 - Biometrics appointment

12/14/07 - I-485 transferred to the California Service Center

12/28/07 - EAD approved!

01/07/08 - EAD received

02/08/08 - GREEN CARD APPROVED!!!!!!

02/16/08 - Green card received!

*headdesk*:

01/02/09 - Réjean loses his wallet containing his drivers license, Social Security card, and green card

02/04/09 - Our best friends bail us out by giving us the money to file for the replacement green card!

02/12/09 - E-filed I-90 for the replacement green card along with the $370 filing fee (including biometrics)

02/19/09 - NOA1

02/25/09 - Biometrics appointment

05/01/09 - Replacement green card received

Removal of conditions:

01/07/10: Mailed I-751 packet by overnight mail to the CSC

01/11/10: I-751 packet delivered and signed for

01/19/10: Received NOA1

01/28/10: Biometrics (did walk-in due to Réjean being out on the road on original date of 02/10/10)

02/03/10: APPROVED!!!

02/05/10: Received e-mail from USCIS saying the card production has been ordered

02/06/10: Received letter typed on plain paper from USCIS congratulating Réjean on his removal of conditions approval

02/11/10: Green card received

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Filed: Timeline
included both our income on line 7

Did you have to convert it to US dollars first?

Yup - all amounts should be reported in USD. I used the Department of Commerce rate for dec. 31st; which was 0.9990

I sent in (just today)

1040 married filing jointly

2555 foreign income exclusion (or whatever the name).

I did attach my T4s, just in case.

Thank you so much!!!

0.9990... wow... that pretty much evens it out, doesn't it?

Thank goodness this is the only year I have to do this...

Tell me about it sister. This is a crazy year. Oh, and remember to send your return to Texas.

You'll do fine :thumbs:

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

Len

what did you decide about the foreign tax credit? are you taking it in Canada or the US or didn't take it either? I still haven't filed our US taxes yet-and naturally the hubby won't even think about filing our Canadian taxes for another month. of course since I haven't filed yet, I can't really start nagging him

met summer 1999, summer 2000 hooked up-whoo hoo summer fling

summer fling failed to fizzle, married 2003

I-130 mailed 12/15/03

4/1/04 no word from NE contacted senators office, app found

NOA1 4/13/04

Gave up on ridiculously long US process-started Canadian

12/4/04 submitted app

LSS app returned because of missed signatures, lost in transit, resubmitted in June

9/28/05 landed, yippie

10/4/05 fly back to US to "finish up Master's" lose mind and switch to PhD

Damn it back to the US process

3/something/2005 finally get NOA2, no idea why it took so long

4/15/07 get case approval from NVC

8/9/07 Montreal here we come

10/14/07 hubby activated his visa

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Filed: Timeline
Len

what did you decide about the foreign tax credit? are you taking it in Canada or the US or didn't take it either? I still haven't filed our US taxes yet-and naturally the hubby won't even think about filing our Canadian taxes for another month. of course since I haven't filed yet, I can't really start nagging him

My tax man said to file only 1040 and 2555 (exclusion of foreign income). No 1116 (the credit).

I don't think I'll even mention it in the Canadian return... still looking around for my stupid transit passes so I can claim the public transit amount :angry:

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Filed: Citizen (pnd) Country: Canada
Timeline

.9990 ?????????????????

NOOOOOOOOOO!!!!!!!!!!!

Canadian Bucks for 2007 convert at 0.93565

Thats the average rate. You do not use the 12/31 rate Jeez

Not that it matters much since you exclude all the tax and it washes out. But if you are like my wife who still gets paid in Canadian dollars and reports it all to the IRS.. well, its a big difference.

And no, don't send in his T4.

Edited by cmartyn

IR1

April 14, 2004 I-130 NOA1

April 25, 2005 IR1 Received

April 26, 2005 POE Dorval Airport

May 13, 2005 Welcome to America Letters Received

May 21, 2005 PR Card in Mail

May 26, 2005 Applied for SSN at local office

June 06, 2005 SSN Received

June 11, 2005 Driver Licence Issued!

June 20, 2005 Deb gets a Check Card! Just like Donald Trump's!

Citizenship

Jan 30, 2008 N400 Mailed off to the VSC!

Feb 2, 2008 N400 Received at VSC

Feb 6, 2008 Check Cashed!

Feb 13, 2008 NOA1 Received

Feb 15, 2008 Fingerprint letter received. (Feb 26th scheduled)

Feb 18, 2008 Mailed out the old Please Reschedule us for Biometics <sigh>...

Feb 27, 2008 Received the new scheduled biometrics.

Mar 15, 2008 Biometrics Rescheduled.

Sep 18, 2008 Interview Letter Recieved.

Nov 11, 2008 Interview Passed :-).

Nov 14, 2008 Oath Cerimony.

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Filed: K-1 Visa Country: Canada
Timeline

Okay .. I'm angry and confused .. taxes aren't supposed to be so brutal!!!!!

I moved at the end of July 2007 ... I was planning on filing using all my income on my Canadian return and therefore taking full tax credits as 90% of my world income was derived from Canadian Sources and then my husband and I were going to file married filing jointly with me as a resident ... Publication advises that if you are going to file married filing jointly you must include and are taxed on your world income otherwise you must file married filing separately ... does anyone else here know this???

Nonresident Spouse Treated as a Resident

If, at the end of your tax year, you are married and one spouse is a U.S. citizen or a resident alien and the other spouse is a nonresident alien, you can choose to treat the nonresident spouse as a U.S. resident. This includes situations in which one spouse is a nonresident alien at the beginning of the tax year, but a resident alien at the end of the year, and the other spouse is a nonresident alien at the end of the year.

If you make this choice, you and your spouse are treated for income tax purposes as residents for your entire tax year. Neither you nor your spouse can claim under any tax treaty not to be a U.S. resident. You are both taxed on worldwide income. You must file a joint income tax return for the year you make the choice, but you and your spouse can file joint or separate returns in later years.

Resident Aliens

Resident aliens are generally taxed in the same way as U.S. citizens. This means that their worldwide income is subject to U.S. tax and must be reported on their U.S. tax return. Income of resident aliens is subject to the graduated tax rates that apply to U.S. citizens. Resident aliens use the Tax Table or Tax Computation Worksheets located in the Form 1040 instructions, which apply to U.S. citizens.

And to top it all off my husband made me take our taxes to a tax professional whom we are paying THAT I'M TEACHING TO DO MY TAXES!!! cause she has never dealt with this before ... omg .. I'm gonna have a breakdown :blink:

Met in Cleveland 07/07/05 ... Fireworks!!!

Emails and phone calls until first visit back September '05

Many trips to Cleveland and overnight stays in New York

Engaged 05/07/06

07/18/07 - Interview yeeehaaa .. approved

07/26/07 - received Visa from Montreal (should have received 07/24)

07/26/07 - POE Buffalo, NY (Peace Bridge) .. No EAD stamp

07/27/07 - Beautiful marriage .. now you may call me Mrs. :)

07/28/07 - Filed AOS,EAD, and AP for me and AOS and AP for my son via UPS .. received 08/01

08/16/07 - applied for ssn

09/03/07 - received ssn card

11/07/07 - AP approved and received 11/12/07 :)

11/19/07- EAD approved online and received same day (actual approval 11/07/07) :)

12/27/07 - AOS transferred to CSC

02/26/08 - 485's approved without interview

01/14/09 - Sent I-751 - removal of conditions

02/23/10 - Biometrics

03/17/10 - Removal of conditions approved .. card production ordered

"Life is not measured by the amount of breaths that we take, but by the moments that take our breath away."

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.9990 ?????????????????

NOOOOOOOOOO!!!!!!!!!!!

Canadian Bucks for 2007 convert at 0.93565

Thats the average rate. You do not use the 12/31 rate Jeez

Not that it matters much since you exclude all the tax and it washes out. But if you are like my wife who still gets paid in Canadian dollars and reports it all to the IRS.. well, its a big difference.

And no, don't send in his T4.

Out of curiosity, how did you come up with 0.93565? When I go to the Federal Reserve site with the average rate of exchange for 2007, it shows 1.0734 for Canada.

08/25/06 - 08/08/07 - K1 timeframe from mailing the petition to the NSC to K1 approval at the Montréal Consulate

08/31/07 - Réjean makes the big move to the USA

09/22/07 - MARRIED!

10/09/07 - Réjean gets his SSN

Adjustment of status:

10/26/07 - Mailed AOS/EAD/AP

11/23/07 - Biometrics appointment

12/14/07 - I-485 transferred to the California Service Center

12/28/07 - EAD approved!

01/07/08 - EAD received

02/08/08 - GREEN CARD APPROVED!!!!!!

02/16/08 - Green card received!

*headdesk*:

01/02/09 - Réjean loses his wallet containing his drivers license, Social Security card, and green card

02/04/09 - Our best friends bail us out by giving us the money to file for the replacement green card!

02/12/09 - E-filed I-90 for the replacement green card along with the $370 filing fee (including biometrics)

02/19/09 - NOA1

02/25/09 - Biometrics appointment

05/01/09 - Replacement green card received

Removal of conditions:

01/07/10: Mailed I-751 packet by overnight mail to the CSC

01/11/10: I-751 packet delivered and signed for

01/19/10: Received NOA1

01/28/10: Biometrics (did walk-in due to Réjean being out on the road on original date of 02/10/10)

02/03/10: APPROVED!!!

02/05/10: Received e-mail from USCIS saying the card production has been ordered

02/06/10: Received letter typed on plain paper from USCIS congratulating Réjean on his removal of conditions approval

02/11/10: Green card received

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Filed: Timeline
.9990 ?????????????????

NOOOOOOOOOO!!!!!!!!!!!

Canadian Bucks for 2007 convert at 0.93565

Thats the average rate. You do not use the 12/31 rate Jeez

Not that it matters much since you exclude all the tax and it washes out. But if you are like my wife who still gets paid in Canadian dollars and reports it all to the IRS.. well, its a big difference.

And no, don't send in his T4.

Out of curiosity, how did you come up with 0.93565? When I go to the Federal Reserve site with the average rate of exchange for 2007, it shows 1.0734 for Canada.

My .9990 I took from the Department of Commerce, and took indeed the last day of the year.

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.9990 ?????????????????

NOOOOOOOOOO!!!!!!!!!!!

Canadian Bucks for 2007 convert at 0.93565

Thats the average rate. You do not use the 12/31 rate Jeez

Not that it matters much since you exclude all the tax and it washes out. But if you are like my wife who still gets paid in Canadian dollars and reports it all to the IRS.. well, its a big difference.

And no, don't send in his T4.

Out of curiosity, how did you come up with 0.93565? When I go to the Federal Reserve site with the average rate of exchange for 2007, it shows 1.0734 for Canada.

My .9990 I took from the Department of Commerce, and took indeed the last day of the year.

I'll just use that, then. It doesn't matter for us, anyway, since he only made the $15,674.21 CDN... no matter which rate we used, it'll be under the $56,562 that we're allowed in exclusions. And it looks like he was in Canada for 241 days, not 243, since he came back to Canada from here later in the day on 1/1/07 and came here early in the day on 8/31/07. TOO MANY STUPID LITTLE DETAILS!!!! UGH!!!! FGHKLDFJJGLDFJGLKDFJGFKLDJGFLDKGJDFLKGJDLGKJFGLJKLKJ

08/25/06 - 08/08/07 - K1 timeframe from mailing the petition to the NSC to K1 approval at the Montréal Consulate

08/31/07 - Réjean makes the big move to the USA

09/22/07 - MARRIED!

10/09/07 - Réjean gets his SSN

Adjustment of status:

10/26/07 - Mailed AOS/EAD/AP

11/23/07 - Biometrics appointment

12/14/07 - I-485 transferred to the California Service Center

12/28/07 - EAD approved!

01/07/08 - EAD received

02/08/08 - GREEN CARD APPROVED!!!!!!

02/16/08 - Green card received!

*headdesk*:

01/02/09 - Réjean loses his wallet containing his drivers license, Social Security card, and green card

02/04/09 - Our best friends bail us out by giving us the money to file for the replacement green card!

02/12/09 - E-filed I-90 for the replacement green card along with the $370 filing fee (including biometrics)

02/19/09 - NOA1

02/25/09 - Biometrics appointment

05/01/09 - Replacement green card received

Removal of conditions:

01/07/10: Mailed I-751 packet by overnight mail to the CSC

01/11/10: I-751 packet delivered and signed for

01/19/10: Received NOA1

01/28/10: Biometrics (did walk-in due to Réjean being out on the road on original date of 02/10/10)

02/03/10: APPROVED!!!

02/05/10: Received e-mail from USCIS saying the card production has been ordered

02/06/10: Received letter typed on plain paper from USCIS congratulating Réjean on his removal of conditions approval

02/11/10: Green card received

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Ok, is this correct?

$15,674.21 CDN = $16,824.70 USD if the exchange rate is $1.0734 USD for every $1 CDN?

Edited by Necrotica

08/25/06 - 08/08/07 - K1 timeframe from mailing the petition to the NSC to K1 approval at the Montréal Consulate

08/31/07 - Réjean makes the big move to the USA

09/22/07 - MARRIED!

10/09/07 - Réjean gets his SSN

Adjustment of status:

10/26/07 - Mailed AOS/EAD/AP

11/23/07 - Biometrics appointment

12/14/07 - I-485 transferred to the California Service Center

12/28/07 - EAD approved!

01/07/08 - EAD received

02/08/08 - GREEN CARD APPROVED!!!!!!

02/16/08 - Green card received!

*headdesk*:

01/02/09 - Réjean loses his wallet containing his drivers license, Social Security card, and green card

02/04/09 - Our best friends bail us out by giving us the money to file for the replacement green card!

02/12/09 - E-filed I-90 for the replacement green card along with the $370 filing fee (including biometrics)

02/19/09 - NOA1

02/25/09 - Biometrics appointment

05/01/09 - Replacement green card received

Removal of conditions:

01/07/10: Mailed I-751 packet by overnight mail to the CSC

01/11/10: I-751 packet delivered and signed for

01/19/10: Received NOA1

01/28/10: Biometrics (did walk-in due to Réjean being out on the road on original date of 02/10/10)

02/03/10: APPROVED!!!

02/05/10: Received e-mail from USCIS saying the card production has been ordered

02/06/10: Received letter typed on plain paper from USCIS congratulating Réjean on his removal of conditions approval

02/11/10: Green card received

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