Taxes.

[MissStacey 1]

I just found out that Mel has filed his tax return in the US in both our names. They send something back to him that I need to sign, some type of affidavit that we are married,etc. Also I don't have an SSN yet.

My taxes here in Canada are done and filed.

I don't know much yet about taxes in the US. Is he allowed to put my name on his tax return? I am his wife but I am not yet a legal resident. I don't know if this is going to mess anything up.

Any ideas or advice?

[software 0]

As far as i know, each dependent need to have a s/s number or federal tax id. So, if you are married but don't have the legal status established, to my knowledge he can't claim you as a dependent for a joint filing.

[MissStacey 1]

As far as i know, each dependent need to have a s/s number or federal tax id. So, if you are married but don't have the legal status established, to my knowledge he can't claim you as a dependent for a joint filing.

That is what I thought too.

[CutienPurg 0]

There are a lot of threads regarding this very topic.......and to be honest I kind of glaze over when I read them so I cant state the particulars. However....your husband CAN claim you on his taxes. You need an ITIN and an election statement saying you wish to be treated a resident for taxes purposes....both of which require your signature and the ITIN application requires certified copies of 2 forms of ID ( one being photo i.d.)

[Chica Yeyé 41]

My tax expert in the US (who is currently filing hubby's taxes) said this year I will not even appear as dependant for same reasons as you. Better to consult a pro on this one my dear friend.

[Flames9_RN 358]

When it comes to USA/Canada taxes, Many tax experts, accountants and to soem degree IRS people are clueless about them. 1 tax expert wil tel u one thing, another somethign different, then to confuse u more, u can cal 2 IRS people, and they will give u 2 different answers. 2 forms u should be aware of, is form 8891, if u have RRSP's u need to file a 8891 for each RRSP account, ie 5 different RRSP's, u have to fill out 5 8891 forms. and to exclude (maybe a bad word) ur canadian income, ur husband has to fill out a form 2555 (or 2555ez) think for 2006, the max is $82,000, just google them and u will find more info. Anothe form u may want to know about is form 1116, regards getting credit for taxes paid in Canada. Best of luck

[Jersey Girl 2]

I'm not an expert but would have your husband do an amended return and take you off. He'd be "married filing separate." He would not claim you as a dependent or deduction. That's because you've already gotten a personal exemption in Canada and can't "double dip" according to the U.S. Canada Tax Treaty. (I think, but could be wrong.)

If you had not yet filed in Canada, there's an exemption for what he's trying to do, that is, claim a spouse who was resident in Canada in 2006. You need a good cross-border accountant.

[MissStacey 1]

This is all so confusing!!

With my taxes done and filed, I thought I had nothing more to worry about until next year!

I will read all the responses to Mel and let him decide how he wants to handle it. I know he is using Turbo Tax, not an Accountant.

[zyggy 9]

You are permitted to file a joint US return wuth your husband... But you have to do the following things

1) You have to file a W-7 with the return for you to get an ITIN

2) You both have to sign a statement stating thst you opt to be treated as a US Resident Alien for the entire tax year..

3) You have to declare your worldwide income on Line 7

4) You can exclude your worldwide income by filing Form 2555 with the retirn..

5) You have to report the amount in your RRSP's and opt to defer the tax on them until you withdraw it by filing Form 8891..

Because of this, the return cannot be efiled... it has to be sent into the IRS Service Center in Austin, TX

Check out our pretty comprehensive tax thread...http://www.visajourney.com/forums/index.php?showtopic=56233

Edited April 4, 2007 by zyggy

[MissStacey 1]

You are permitted to file a joint US return wuth your husband... But you have to do the following things

1) You have to file a W-7 with the return for you to get an ITIN

2) You both have to sign a statement stating thst you opt to be treated as a US Resident Alien for the entire tax year..

3) You have to declare your worldwide income on Line 7

4) You can exclude your worldwide income by filing Form 2555 with the retirn..

5) You have to report the amount in your RRSP's and opt to defer the tax on them until you withdraw it by filing Form 8891..

Because of this, the return cannot be efiled... it has to be sent into the IRS Service Center in Austin, TX

Check out our pretty comprehensive tax thread...http://www.visajourney.com/forums/index.php?showtopic=56233

Thanks Zyggy!! I am waiting for FedEX to come, he sent papers for me to fill out and sign- I hope he has everything on the list I need.