Tax Question

[ccb3112 0]

Hello,

Been a lurker in this forum for a while.

I was wondering if anyone can help answer my question. For my 2007 taxes, do i need to fill in my canadian spouse income on my US tax 1040 form? Any help would be great

Our case was completed on March 30th at the NVC for a CR1.

Thanks!

[GabiandVi 34]

Your spouse is supposed to file a return if you were married at any point before December 31. She wouldn't have to pay anything, I don't think, just file.

Now don't take this as gospel, but my sister's immigration lawyer told her to check filing seperately, and then put "applied for" where it asks for the spouse's ssn. That's what I'm doing, and my spouse isn't filing. My sister's spouse didn't file either, and she has heard nothing about that and he got his IR-1 in February.

[ccb3112 0]

Your spouse is supposed to file a return if you were married at any point before December 31. She wouldn't have to pay anything, I don't think, just file.

Now don't take this as gospel, but my sister's immigration lawyer told her to check filing seperately, and then put "applied for" where it asks for the spouse's ssn. That's what I'm doing, and my spouse isn't filing. My sister's spouse didn't file either, and she has heard nothing about that and he got his IR-1 in February.

Thanks for the response. No way I can file jointly and put no income numbers on the 1040 on her side? Since she is still considered non resident alien. I do know to send it in with a w-7. Any help would be appreciated. I am just totally confused as to why I would have to pay taxes on her non U.S related income. But she should be considered a dependent under me.

Thanks!

[Delicia 1]

You can file jointly; however, think about this: If you have a non resident alien on your return for 2007, you are not eligible for the stimulus rebate coming in May 2008.

You can attach the W-7 to your 1040 but if you elect to file jointly, you will have to include both you and your spouse's world wide income. Not that by attaching W-7 you cannot file electronically and will have to file snail mail. You can deduct the foreign income on Form 2555EZ which excludes the first $80K of foreign income.

You might want to check the Canadian Forum and do a search at the bottom for 'taxes' as there have been tons of threads about this.

Also, a personal request from me:

Edited March 30, 2008 by Delicia

[rjp44 1]

Hello,

Been a lurker in this forum for a while.

I was wondering if anyone can help answer my question. For my 2007 taxes, do i need to fill in my canadian spouse income on my US tax 1040 form? Any help would be great

Our case was completed on March 30th at the NVC for a CR1.

Thanks!

You can call the IRS to verify, but what I was told that as married I had to file either married or married filing seperately. You have to include the foreign income, but then deduct it back off using the credit for foreign income formbut still get credit for the extra exemption and the married status. Also you should include a letter signed by both of you that requests the spouse to be treated as a resident alien for tax purposes for all of 2007. If your spouse doesn't have a SSN yet you can also file for an extenstion and file the completed form later.