Best way to file tax in US as TN holder with TD Spouse?

donationbox · Post by **donationbox** » Wed Sep 30, 2015 3:37 pm

Hi!

I am a Canadian citizen on TN visa with a Canadian Permanent Resident spouse on TD visa who moved to the US on Sept 16 this year.

After doing some research, here's what I found out:

- For 2015, we will be considered as nonresident alien (failed 183 days test)

- Non-resident alien cannot file tax jointly. My spouse has no income. So we will only file my tax as "married filing separately".

- Publication 501 says I can claim an exemption for my spouse since she has no income. But Publication 519 says my spouse must have either an SSN or ITIN.

From what I read on this forum, non-resident alien can apply for ITIN by submitting form W-7 with tax return? So I will submit my tax return without my spouse's ITIN but will still get deduction?

Also, I heard filing as a non-resident alien is not the best way to maximize deductions. What would be the best way to file for 2015 in the USA to maximize deductions?

Thanks!
CK

nelsona · Post by **nelsona** » Wed Sep 30, 2015 4:09 pm

The simplest thing will be to file a 1040NR with the request for ITIN attached to this return. You would still get her as an exemption.

You always as a cdn have the option of filing a full joint 1040 for the year (repowering all world income), using all the various deductions exemptions and credits available to any other US taxpayer, particularly the foreign earned income exclusiuon using for m 255 for the Cdn wages you earned before moving to US,

I've described this in many posts.

Neither choice affects your Cdn returns, which will be departure returns, with September departure date.

donationbox · Post by **donationbox** » Wed Sep 30, 2015 6:05 pm

[quote="nelsona"]The simplest thing will be to file a 1040NR with the request for ITIN attached to this return. You would still get her as an exemption.

You always as a cdn have the option of filing a full joint 1040 for the year (repowering all world income), using all the various deductions exemptions and credits available to any other US taxpayer, particularly the foreign earned income exclusiuon using for m 255 for the Cdn wages you earned before moving to US,

I've described this in many posts.

Neither choice affects your Cdn returns, which will be departure returns, with September departure date.[/quote]

Thanks for replying! I was not able to find the thread with more detailed information but I will keep looking.

Couple of questions:

- I guess you mean form 2555 for foreign income?

- In my W-4 form, do I indicate myself as single or married if I intend to a full joint 1040? It says "If spouse is a nonresident alien, check single box"

Thanks!

nelsona · Post by **nelsona** » Wed Sep 30, 2015 6:59 pm

W-4 doesn't matter for this year, write single married, doesn't matter. . Next year write married,