Question about upcoming tax year

[Veronik 19]

Hi everyone,

I am wondering what to do when Chris files his taxes in 2011...

Does he have to put me as his wife right away?

Can he wait for 2012? Also, if he does have to put me in, will he have to put my canadian income down?

Thanks in advance for your time!

[decocker 7,198]

yeah, you guys have to file as married. you do have to claim your canadian income but it's exempt (sounds pointless but best to do things the right way) i saw a thread here recently concerning, i'm sure it will get bumped once we get closer to april ; )

[Canadiandggal 49]

Yeah you can file married filing joint or married filing seperate.

[marriedtomrg 141]

You would need either an ITIN or a SSN for you guys to be able to file taxes jointly or separately.

The ITIN application would be submitted at the same time as his tax stuff (meaning he can't file electronically). So he would have to wait a little longer for a response re: any potential refunds your guys are entitled to.

This was a lesson we learned before filing my husband's 1040 for 2010...part of the reason why we opted to apply for EAD early back in December 2009. An expensive option, really, but we did get the refund quicker because we filed electronically. (We tried to go to the IRS to apply for an ITIN in advance but were told we could only send it in at the same time as his 1040, by mail).

Hope this helps.

Edited October 11, 2010 by marriedtomrg

[Canadiandggal 49]

With us, filling for the itin with his taxes tookk 4 weeks from date sent to date money was deposited into his account. So it really wasn't that long. However we did have it sent straight from an IRS office, if you go in they can copy her passport and will save you some time.

[Dave&Roza 748]

Interesting. I've been thinking about filing the tax return with supporting documents that the SSA has not issued a SSN to my former finacee and then file an admended return rather than go thru the whole ITIN, but I was worried what teh IRS had to say about doing so. Then I found this tid bit on the IRSW site that addresses jut such a situation:

Delays in Issuing SSNs to Aliens by the Social Security Administration

Sometimes aliens experience significant delays in obtaining social security numbers. The consequences of these delays are discussed below.

There is no federal law administered by any federal agency which prohibits the hiring of a person based solely on the fact that the person does not have a Social Security Number (SSN). Similarly, there is no federal law which prohibits the making of a payment to a person based solely on the fact that the person does not have an SSN.

However, there are federal laws and regulations which require the reporting of a payee's TIN (Taxpayer Identification Number--SSN or ITIN) on federal information returns and payee statements such as forms W-2, 1099, 1042-S, etc. In addition, federal regulations require (with a few exceptions) that all tax treaty claims made on Forms 8233, W-8BEN, or W-9 be accompanied by the beneficial owner's TIN.

The IRS is quite aware of the Social Security Administration's procedures effective since 09-30-2002 about not issuing an SSN to any alien for whom it cannot confirm his identity and immigration status from the USCIS (United States Citizenship and Immigration Services—formerly the INS). In addition, the IRS is quite aware of the potential delays in securing an SSN which these procedures may cause some aliens. Furthermore, in the situation in which an alien is work-authorized under the immigration law and has met the Social Security Administration's evidence requirements for an SSN, but who is experiencing delays in securing an SSN caused by the SSA's procedures, the IRS will not generally issue an ITIN (Individual Taxpayer Identification Number) to such an alien.

With respect to IRS penalties related to the payer's failure to furnish a payee TIN on an information return and on a payee statement, the fact that the payer does not have a payee TIN to report solely because the SSA is delaying an issuance of an SSN, or cannot issue an SSN, to a work-authorized alien because of its procedures, will cause the IRS to be quite favorable toward considering this situation one in which "reasonable cause" exists for not asserting such penalties. The payer should keep documentation to show that his failure to supply a payee TIN on Form W-2 or Form 1099 or Form 1042-S is caused solely by the SSA's procedures for issuing SSN's to aliens.

Any withholding agent (with certain exceptions) who receives a Form 8233, W-8BEN, or W-9 without a payee TIN for the purpose of claiming a tax treaty benefit is not allowed to grant such tax treaty benefit until he receives a proper Form 8233, W-8BEN, or W-9 which does report the payee's TIN. However, a form 8233 or W-8BEN without a payee TIN is still valid for the purpose of declaring that the payee is a foreign person, subject to the withholding and reporting rules which apply to payments made to foreign persons.

The IRS cannot speak to the issue of potential penalties which could be imposed by other federal, state, or local agencies for the failure of an employer or payer to report a payee's TIN on any required documents, except to note that the filing of the immigration Form I-9 without an SSN does not constitute grounds, in and of itself, to reject the validity of the Form I-9. If an alien employee can prove his work-eligibility with documents listed on Form I-9 other than a U.S. social security card, then the alien's Form I-9, even though submitted without an SSN, is valid under the immigration law.

I just hope we have no probelms obtaining a SSN, but it is good to know the IRS will "...look quite favorable..."

Just throwing this out there.

Dave

[Veronik 19]

Gosh, thanks guys, but I'm so confused!

So, I can file american taxes for 2011, with my canadian income? Doesn't even make sense to me... How?

Is it more profitable to file married joint, or seperate?

What is ITIN?

I do have my SSN already, in my married name.

And can I file my Canadian taxes too? I should be expecting a nice chunk from them, so I REALLY want to file those... Will I have to file it as married?

Sorry, I know this is a lot to ask, but I'm so confused!

Oh! And what would happen if we DIDN'T file as married just this year?

[star_shine 0]

Gosh, thanks guys, but I'm so confused!

So, I can file american taxes for 2011, with my canadian income? Doesn't even make sense to me... How?

Is it more profitable to file married joint, or seperate?

What is ITIN?

I do have my SSN already, in my married name.

And can I file my Canadian taxes too? I should be expecting a nice chunk from them, so I REALLY want to file those... Will I have to file it as married?

Sorry, I know this is a lot to ask, but I'm so confused!

Oh! And what would happen if we DIDN'T file as married just this year?

VERO! u know how amazing that would be to receive a big chunck of money ! god!!!!

please let me know and keep me up to date with this! im really curious!!!

i actually got a phone number from this guy who i talk to this morning(revenue canada) i had to change my information etc and i had tax question and he gave me this number , i havent called but here it is! write it down! 1 800 267-5177