I know where hubby sends his tax return to but what about me?

[fleo]

I've been struggling with various guides for a few weeks now (Quebec, how I hate you sometimes ), and here's what I gathered:

"Filing together" essentially means you will list each other as spouses/common law partners on your respective forms, and they will be matched - however, this only needs to be done if you want to apply for GST refund, childcare benefits or somesuch; if Canadian partner just wishes to claim an (unemployed) dependant, only one form needs to be submitted (non-resident who had no income in Canada is not obliged to file).

If the non-resident doesn't have a SIN or a TTN yet, they can put in all 0's and explain why they are not eligible for a SIN yet - TTN should be assigned automatically. (Someone please correct me if I'm wrong on this, wouldn't want to mess that one up ).

Love_Young, you spent a whole tax year in Canada, right? In that case you file wherever your husband files; to my understanding International Tax Office is responsible for international income, not Canadian income of internationals. (I might be wrong, and someone please react if I am ).

However, for the first half of 2010 I was still working in my home country (and was taxed accordingly, and will not be filing there - I don't have to, and I don't want to claim a return; I would get maybe $200 back and it just isn't worth the hassle). Now, if I understood correctly: since that income was already taxed, and Canada has a treaty with my country, and I didn't make any money since I got to Canada, normally I wouldn't have to declare it and can just go with a straight "no income"... but that's federal, and Revenue Quebec disagrees and wants to see my income for the whole year if I want to file?

I'm still trying to figure it all out, but one of these days I might just put my stubbornness to rest and let hubby get us a professional, like he wanted in the first place.

 

[Love_Young]

Thanks for all the help. So very nice.
Well like fleo said, I have been living here for over a year so I count as a resident so I may just mail in where hubby mails his.
Why...taxes must you make this so very complicated on us?

 

[YorkFactory]

...and you haven't even gotten to the part where he has to file a 1040 as the spouse of a U.S. citizen!

 

[Love_Young]

??? Please explain.
I haven't ever filed a tax return for the US because the only time I worked I earned $70 and was told didn't need to file one.
Granted that was before dating or living with my now husband.

I have been in Canada for now 2 years and not earned any income worldwide.
I was thinking I could wait to file a US tax return when I earn foreign income hopefully later this year if I get an OWP.
Now I know I need to get him a ITIN for the US for us to file married jointly.
Is there any advice you can give?

P.S. I am only filing my own tax return in Canada so that hubby can get the GST. They said I would need to file my own tax return so that is what I am doing.

 

[californiajeninca]

Thanks Love_Young for this great question.

As many may or may not know, I am applying for PR through (as many of us here) spousal sponsorship. Do I have to file taxes for here? I have never worked in Canada and they haven't even opened my application yet (I think, who knows). This is all totally confusing.

 

[QCSunshine]

...and you haven't even gotten to the part where he has to file a 1040 as the spouse of a U.S. citizen!

Really?? Even if the Canadian spouse has never lived in the US and never made any income in USD? Do you have a link for more info on this?

 

[Love_Young]

QCSunshine: Yes you have to acknowledge them as your spouse even though they don't live there or earn US income.
They would need to get an ITIN aka Individual Tax Number to fill in the spot where they don't have a SSN.

californiajeninca: If you want your hubby to qualify for more GST, the spousal amount, or Working Income Tax Benefit (if low income family) then yes it is a good idea to file your own tax return. You just need find out if you are a non-resident, deemed resident, or resident for tax purposes. If you find that out then you can find out the forms you need to fill out. If your hubby doesn't want to get those or you don't need a refund then you don't need to file. Of course I would call CRA to find out. You will want to call the International Tax Service Office about it. Their number is: 1-800-267-5177 and they are open for calls from 8:15 a.m. to 9:00 p.m. from Monday to Thursday;8:15 a.m. to 5:00 p.m. on Friday (Eastern time, mid-February to April 30). Sometimes they are hard to get a hold of but keep trying. And you will get the occasional agent that really thinks they know more than you about the immigration process so just keep your chin up.


**On a side note**
It has been confirmed that I need to mail my tax return to this address. This has been confirmed by a few CRA workers.
International Tax Services Office
Post Office Box 9769, Station T
Ottawa ON K1G 3Y4
CANADA

Just thought everyone would like to know. Good luck everyone. I know taxes are confusing but mix them with immigration and it is confusion overload. Just don't be afraid to ask a ton of questions and take your time with this. But make sure they get it before April 30th. Keep your spirits up.

 

[Miguel de Cervantes]

What about doing taxes, but your spouse has never even been to Canada? Do you still have to fill out forms for them, if you want GST/HST credit? He doesn't have any considerable ties in Canada.

 

[YorkFactory]

Really?? Even if the Canadian spouse has never lived in the US and never made any income in USD? Do you have a link for more info on this?

Do You Need to File a Federal Income Tax Return?

 

[Love_Young]

But I don't even have any income to claim and hubby doesn't have an ITIN so how would I apply for one?
And I don't even know the forms I need to fill out. Please help YorkFactory and I would appreciate some of your actual opinions too.

 

[Love_Young]

Okay it is apparent that once you are married you need to file a US tax return.
I have been looking at a US immigration board where people are in the situation as us but reversed.

From what I have read, you can file as "married filing separately" and in place where it ask for your spouses SSN you would put in NRA for Non-resident Alien. You then write a letter stating that they are a non-resident alien and that they haven't worked nor lived in the US. And that your filing status is "married filing separately" and that their SSN is not required.

That is all the info I have for now but I shall keep looking for all of you.
Now off to find what forms to fill out. Wish me luck.

 

[YorkFactory]

You probably don't have to file if your combined income is below a certain amount, and you almost certainly won't have to pay any tax (there's a treaty between the U.S. and Canada to avoid double taxation), but it's probably a good idea to file in order to start the clock ticking on when the IRS can audit you.

I don't know much about dealing with ITINs because a) I'm single as far as the IRS (but not CRA) is concerned and b) my sponsor (common-law partner) is also a U.S. citizen, so she's subject to the exact same filing requirements I am.