Claiming my common-law wife as a dependent

Mach7 · Post by **Mach7** » Wed May 16, 2012 6:23 pm

Hello.. I am a us Canadian/US citizen and my common-law partner is pure Canadian.

We both reside in Nova Scotia where you are legally common-law after 6 months.

I am being told(for my 2011 IRS return) that I can claim her as a dependent and check the box for"Married filing Jointly" claiming myself and her as 'spouse' under exemptions box 6a and b.

Having said this, she does not file a US return nor does she have any income Canadian or otherwise. (I am supporting her 100%).

We have applied for and recieved an ITIN number...but i am a bit hesitant to file her as mentioned above....in other words i want to make sure i am 100% correct in this before i send anything in.

nelsona · Post by **nelsona** » Thu May 17, 2012 12:50 am

I am unaware of any provison that allows you to claim her as your spouse (although it could be possible). The question is why would you? Your US tax shoudl already be zero without her.

Mach7 · Post by **Mach7** » Thu May 17, 2012 7:50 am

Thank you Nelsona. Yes...thats what i thought as well. This information is coming from my Accoutant (with a PTIN#) and as i have investigated further, i believe if i went this route she would also be subject to FBAR filing as well (?).

I made just over 6 figures last year, but paid a bunch of tax to CRA (over 34k) with no RRSP contributiions to reduce my taxable income etc, but for some reason i still have to pony up cash to the US if i don't claim her!

This does not make any sense to me.....

I am beginning to have trust issues as i am paying a premium rate to ensure i file correctly.

nelsona · Post by **nelsona** » Thu May 17, 2012 8:55 am

You are definitely wasting your money. No Cdn taxpayer pays US tax on wages, etc.

This person is incompetant.

Mach7 · Post by **Mach7** » Thu May 17, 2012 8:58 am

Thanks nelsona. thats what i though as well....they are probably going this route as might take less time and calulation to tabulate. (?)