More tax questions

[codygrace 14]

I moved from Canada to the US on Oct. 28th, 2012. I am filing in Canada, and I will claim my tuition and that pretty much guarantees I will get a refund.

Do I have to file income tax for tax year 2012 in the US?

If I have to, do I have to claim my foreign income since I have only been in the US for 65 days? Again, if so, how do (or can) I get my foreign income (only $16,000) exempt?

I miss the simplicity of living in Canada and knowing what I would have to do already!!

[X Factor 1,112]

Did you work while you were in the US last year?

[codygrace 14]

No, I do not have authorization, I came in on my K-1 on the 28th of October. Zero US income. Only $16,000 Canadian for 2012.

[rin and john 71]

I moved from Canada to the US on Oct. 28th, 2012. I am filing in Canada, and I will claim my tuition and that pretty much guarantees I will get a refund.

Do I have to file income tax for tax year 2012 in the US?

If I have to, do I have to claim my foreign income since I have only been in the US for 65 days? Again, if so, how do (or can) I get my foreign income (only $16,000) exempt?

I miss the simplicity of living in Canada and knowing what I would have to do already!!

Your spouse will have to file US taxes. Their options will be "married filing separately" or "married filing jointly". It will most likely be to your benefit to file MFJ. To do this, you will need to make a declaration stating you wish to be treated as a resident of the USA for tax purposes (a letter signed by both of you). You will have to include your foreign income, however at $16K, it will be excluded from tax using form 2555 (foreign income exclusion).

http://www.irs.gov/I...ncome-Exclusion

I recommend calculating your USA taxes both ways (MFS and MFJ) and filing whichever is to your advantage. I would also recommend posting your question on the Canada subforum as there may me specific tax laws regarding Canadians in the USA that do not apply to other foreigners.

Edited February 5, 2013 by rin and john

[codygrace 14]

So I am not excluded from filing this year? And I can still use form 2555 even if I don't pass the physical presence area?

[The Mean Lady 604]

So I am not excluded from filing this year? And I can still use form 2555 even if I don't pass the physical presence area?

I could be wrong on this, but the K1 is a non immigrant visa correct?

And I know there's no way you've gained permanant status in the last few weeks of December.

Therefor you were not even a legal resident during 2012.

And would not be required to file taxes.

However, as previously posted, it would be most advantageous to have your husband file as MFJ.

You would be required to claim your income abroad, but it would be tax exempt.

Edited February 5, 2013 by KDH

[codygrace 14]

I could be wrong on this, but the K1 is a non immigrant visa correct?

And I know there's no way you've gained permanant status in the last few weeks of December.

Therefor you were not even a legal resident during 2012.

And would not be required to file taxes.

However, as previously posted, it would be most advantageous to have your husband file as MFJ.

You would be required to claim your income abroad, but it would be tax exempt.

Thank you very much. So, my income is definitely exempt under that form even if I don't pass the presence test? Also, would we be able to e-file using any of the free/cheaper software?

[The Mean Lady 604]

Thank you very much. So, my income is definitely exempt under that form even if I don't pass the presence test? Also, would we be able to e-file using any of the free/cheaper software?

For your first year in claiming a non-resident alien for tax purposes, you are required to submit a letter stating that you are electing to claim yourself for tax purposes.

That requires paper filing to include the letter.

Now, I assume you have a social security number now right?

At least you won't have to deal with the ITIN.