IRS in come tax reporting. As a spouse of us citizen

[Kay__ 7]

Hello. I hope you all stay safe. 

We filed (initiated) CR-1 on August 2018. 

We are waiting for interview rescheduling. 

 

My us citizen spouse (I’m a canadian) reported income tax year 2018 and 2019. 

Also reported my Canadian income, so technically I’m paying tax to IRS as canadian. I don’t have ssn or visa yet. 

 

My spouse asked accountants, if we want to file together, i need to file canadian income as well?? At that time, i was accepted because don’t wanna mess with IRS. 

 

However, i asked my dual citizen friend, it doesn’t make any sense. 

 

Anyone have same thought or issues like me?

 

FYI    In canada CRA allows only income in Canada. 

[geowrian 22,337]

* Moved from Bringing Family Members of USCs to America forum to Tax & Finances forum *

 

To file jointly, you will need an SSN or ITIN and you both must report worldwide income.

MFJ requires being considered a US tax resident for the entire tax year, and US tax residents are subject to tax on their worldwide income.

As the spouse of a USC, you can elect to be treated as a US tax resident for the entire year (https://www.irs.gov/individuals/international-taxpayers/nonresident-alien-spouse).

 

The Foreign Earned Income Exclusion (FEIE, Form 2555/2555EZ) may apply to eliminate the taxes on that foreign income up to ~$100k. Although if you claim the Child Tax Credit (CTC), then you cannot claim the FEIE as well. You may be able to claim the Foreign Tax Credit (FTC) instead of the FEIE in that case.

Also, note that FBAR and FATCA reporting may apply.

[Kay__ 7]

7 hours ago, geowrian said:

* Moved from Bringing Family Members of USCs to America forum to Tax & Finances forum *

 

To file jointly, you will need an SSN or ITIN and you both must report worldwide income.

MFJ requires being considered a US tax resident for the entire tax year, and US tax residents are subject to tax on their worldwide income.

As the spouse of a USC, you can elect to be treated as a US tax resident for the entire year (https://www.irs.gov/individuals/international-taxpayers/nonresident-alien-spouse).

 

The Foreign Earned Income Exclusion (FEIE, Form 2555/2555EZ) may apply to eliminate the taxes on that foreign income up to ~$100k. Although if you claim the Child Tax Credit (CTC), then you cannot claim the FEIE as well. You may be able to claim the Foreign Tax Credit (FTC) instead of the FEIE in that case.

Also, note that FBAR and FATCA reporting may apply.

Thank you for detail. :):)

[Wuozopo 4,293]

14 hours ago, Kay__ said:

Also reported my Canadian income, so technically I’m paying tax to IRS as canadian. I don’t have ssn or visa yet. 

Are you saying he included your Canadian income in 2018 and 2019 when he filed Married Filing Separately? If you aren’t sure, get out a copy of his tax returns and look. 
 

That is not the way to do it. If you aren’t on the return as a joint filer with a SSN or ITIN, then there is no need to report your income. It is only his tax return and only his income reported. 

[Kay__ 7]

10 hours ago, Wuozopo said:

Are you saying he included your Canadian income in 2018 and 2019 when he filed Married Filing Separately? If you aren’t sure, get out a copy of his tax returns and look. 
 

That is not the way to do it. If you aren’t on the return as a joint filer with a SSN or ITIN, then there is no need to report your income. It is only his tax return and only his income reported. 

Thank u for replying. 

Since we are applying for cr1 visa we thought we have to MFJ rather than MFS. 

That’s my lawyer said. Isn’t it...?

[Wuozopo 4,293]

6 minutes ago, Kay__ said:

Thank u for replying. 

Since we are applying for cr1 visa we thought we have to MFJ rather than MFS. 

That’s my lawyer said. Isn’t it...?

Your husband can file MFS. Not an issue with immigration. But you didn’t answer the question about your income. 
 

[geowrian 22,337]

17 minutes ago, Kay__ said:

Thank u for replying. 

Since we are applying for cr1 visa we thought we have to MFJ rather than MFS. 

That’s my lawyer said. Isn’t it...?

No idea why he said that...immigration doesn’t care how you file. The IRS only cares that you file properly.

 

Now, filing jointly is usually a better tax decision, but nothing requires it.

Curiously, how did you file jointly without an SSN? I’m guessing you got an ITIN.

[Kay__ 7]

4 hours ago, geowrian said:

No idea why he said that...immigration doesn’t care how you file. The IRS only cares that you file properly.

 

Now, filing jointly is usually a better tax decision, but nothing requires it.

Curiously, how did you file jointly without an SSN? I’m guessing you got an ITIN.

I’ve talked my accountant, we filed separately. I thought we file jointly, because accountant asked my CAD income. 

I double checked and we have MFS. 

Thank you for your comments and consideration.