Have joint US bank account do I need to file taxes with IRS?

[Ahoy01 31]

Hi there,

 

I am a Canadian living in Canada and I have joint Bank of America account with my wife (who is an American Living in the US). I don't have any Income in the US,but my wife does. Last year when I talked to the IRS they said, I was not required to file joint taxes. However now because I we have joint Bank account do I need to file taxes in the US with her?

[payxibka 10,045]

Nothing has changed if she continues separate.  You are never required to file a joint return

Edited January 9, 2018 by payxibka

[Ahoy01 31]

Just now, payxibka said:

What filing status is she doing?  Married Joint or Married separate?

 

Well last year she put down as married but filling separate and in the section where it asked for the spouses SSN, IRS said put down "NRA" (non-resident Alien).

 

Ideally we would like to do the same thing while filling this year as well. Because it makes it simple for her to file the taxes, and we don't have to go through the process of trying to get an ITIN number (don't even know how to start with that).However if I am required by law to file taxes with IRS for having a (joint) bank account in the US, then we would do it as joint.

[payxibka 10,045]

You are never required to file a joint return

[Ahoy01 31]

Just now, payxibka said:

You are never required to file a joint return

Well my question is, Am I required to file taxes (joint or separate) because of the joint bank account with my wife? I don't have any income in the US, but my wife has her pay check coming into that account.

[payxibka 10,045]

10 minutes ago, Eli01 said:

Well my question is, Am I required to file taxes (joint or separate) because of the joint bank account with my wife? I don't have any income in the US, but my wife has her pay check coming into that account.

 You are only required to file taxes if you have sufficient US income that creates a tax liability. IF your joint bank account is your only source of US income then your US income is 50% of any earnings on that account.  You need to determine if that is sufficient to create a tax liability.  

Edited January 9, 2018 by payxibka

[MrHanky 1,377]

From the IRS website

2.  I pay income tax in a foreign country. Do I still have to file a U.S. income tax return even though I do not live in the United States?

You have to file a U.S. income tax return while working and living abroad unless you abandon your green card holder status by filing Form I-407, with the U.S. Citizen & Immigration Service, or you renounce your U.S. citizenship under certain circumstances described in the expatriation tax provisions. See Publication 519, U.S. Tax Guide for Aliens, for more details.

 

https://www.irs.gov/individuals/international-taxpayers/frequently-asked-questions-about-international-individual-tax-matters#GeneralFAQs

 

[payxibka 10,045]

10 minutes ago, MrHanky said:

From the IRS website

2.  I pay income tax in a foreign country. Do I still have to file a U.S. income tax return even though I do not live in the United States?

You have to file a U.S. income tax return while working and living abroad unless you abandon your green card holder status by filing Form I-407, with the U.S. Citizen & Immigration Service, or you renounce your U.S. citizenship under certain circumstances described in the expatriation tax provisions. See Publication 519, U.S. Tax Guide for Aliens, for more details.

 

https://www.irs.gov/individuals/international-taxpayers/frequently-asked-questions-about-international-individual-tax-matters#GeneralFAQs

 

Not applicable as the OP is neither a citizen or a resident

Edited January 9, 2018 by payxibka

[kris&me 572]

She doesn't have to add you to tax returns 

some do the ITIN and claim the foregn spouse but not necessary / it is done mostly by those from high fraud countries to show joiint property to help the spouse visa

[MrHanky 1,377]

2 minutes ago, payxibka said:

Not applicable as the OP is neither a citizen or a resident

Ah I see they're still going through the process, you're correct.