Filling for Spouse TD Visa

Cando28 · Post by **Cando28** » Mon Mar 09, 2015 11:55 pm

Thank-you all for wealth of information here. I just wish some of you could file my taxes ;)

So far I have read a lot here and do understand how I as resident-alien should file. What I am confused is how to file for my spouse.

She has been with me here since Feb2014. Not-working, not going to school. Does have TFSA and no other investments. We also sold house end of this year and monies was deposited in our joint account. This was our primary residence. We didn't want to give it out on rent or leave it empty.

Should she be filling with me and any advantages of filling separate? We plan to return to Canada next month - as wife really wants to go back to work. So far no luck here in US !

nelsona · Post by **nelsona** » Tue Mar 10, 2015 8:21 am

So you sold your house in canada but are now going back?!

Moving right along...
She has to file in US. If you file separarely, YOU will end up paying much more tax on your income than if you file jointly.

You also both need to file your departure returns for canada -- even though you are moving back - for the period you left. Otherwsise you are atxable in canada on your income.

Cando28 · Post by **Cando28** » Tue Mar 10, 2015 8:08 pm

Yes- our mortgage was expiring and we were already thinking of moving to another place. It was a hassle to give rent it our/manage from 2000 miles.

So with Departure Tax - we pay no taxes for the 2 months worked in Canada? and only the US tax.

I will be honest, I am very jittery on filling all these forms and giving away information to a big computer system for next 100+years. - Sorry, but for first time in life I feel that taxing is such a pain! They should use our tax money to create a simpler system to file.

nelsona · Post by **nelsona** » Tue Mar 10, 2015 9:21 pm

Of course you pay tax for the 1st 2 months in Canada! But then that should be it -- for Canada.

You report ALL income to US as well, and then exempt the CDn wages.

It is only complex the moving year. But that is why they invented software.

Read on first year taxes in many posts already made.

Cando28 · Post by **Cando28** » Tue Apr 21, 2015 6:47 pm

Thanks for all replies so far.

Just finishing up filling departure and also planning a return in July.

So we sold our primary residence 6months after we left. How does the following work ? Do we need to fill form T1161 AND pay capital gain from the time we left to the time we sold , or something on those lines?

"
Property you owned when you left Canada :
When you leave Canada, you are considered to have disposed of certain types of property at their fair market value and to have immediately reacquired them for the same amount. This is called a deemed disposition, and you may have to report a capital gain. If the fair market value of all the property you owned when you left Canada was more than $25,000, complete Form T1161, List of Properties by an Emigrant of Canada. For more information, go to Dispositions of property."

nelsona · Post by **nelsona** » Tue Apr 21, 2015 10:52 pm

No cap gains, you get a year to sell after leaving. You should have filedpaperwork however before selling.

Cando28 · Post by **Cando28** » Mon Apr 27, 2015 6:15 pm

thanks.
So i need to fill t1161 and 1234 for myself and spouse, that is 4 forms total?
Do i show a jointly owned property, twice?

nelsona · Post by **nelsona** » Tue Apr 28, 2015 12:33 am

There is MUCH more important forms to file. Please vist CRA website for non-residents.

Cando28 · Post by **Cando28** » Tue Apr 28, 2015 3:35 pm

Thanks Nelsona. I am reading on the non-resident package.
Its just that I was not able to find anything on information on filling these forms individually. And do we need to show the jointly owned property twice?

thanks.

Cando28 · Post by **Cando28** » Tue Apr 28, 2015 3:58 pm

Thanks again for all the replies.
I just got over phone with CRA inquiries center. And I must say they were really good with taking calls,routing it to individual departments and answering.

First ! some good news - the date for filling is extended to May5th due to some publication errors- its in the news.

Second to answer my question: Yes, I need to file individually and a joint property has to be show on both forms individually filled for wife and I. The agent asked to make a note on the forms that its jointly owned.

nelsona · Post by **nelsona** » Tue Apr 28, 2015 4:27 pm

You also have to ask the right questions.

have you submuitted T2062 and T2062A. Not having these filed might have already cost you a $2500 fine.