NRA - question for filing status

Gelise · Post by **Gelise** » Sun May 24, 2015 5:35 pm

I am resident of Canada, I got some rents from US so I need to file 1040NR. I currently live with my common-law spouse(resident of Canada as well) in Canada and we filed tax returns jointly to CRA.

My questions is, what is my filing status when I fill out 1040NR? Should I claim myself single or married? is it common-law considered to be married in US? If I should file as single, can I claim my common-law as qualifying dependent? She is an international student, and has only 1k canadian sources income. She lives in my house.

If she is either qualified for spouse or dependent, do she need to apply for ITIN in order to have her name on my return?

If she is qualified for either situation, I can claim one more exemption from on my return, am I right?

Thanks in advance for your help!!!

nelsona · Post by **nelsona** » Tue May 26, 2015 6:57 am

single
I would make your US filing as simple as possible, unless she co-owns your US property.

Gelise · Post by **Gelise** » Tue May 26, 2015 8:50 am

Nelsona, thanks for your reply!

Since I would have to pay some taxes if I am single, but I would not have to if I can claim spouse or dependant. That is why I was aksing the question. I think I would hold these rental property for couple years, so do you think is it worth to claim as married?

Another question is, I have reviewed some old topics in the forum, and I have seen you made the same recommendation for ppl in the same situation. I just want to know, how the filing can be complicated if I claim married? and if I really get married, in that case, I have to claim married since then, right?

Thanks a lot!

nelsona · Post by **nelsona** » Wed May 27, 2015 9:56 am

Any tax you pay in US will be credited on your Cdn retunr, so I wouldn't worry about this.

Its just taht you do not have the ITIN for her, so you can't claim her until that time.

And you do not live in US, so that is not your primary tax location. If it were, then I would be telling you to get ITIN etc.

But since you are going to pay tax in canada anyways, why complicate.

And don't forget that you MUST depreciate on your 1040NR.

Gelise · Post by **Gelise** » Thu May 28, 2015 3:28 pm

Thanks for your suggestion and reminder!

I know that the filing deadline for NR1040 is June 15th. How about the deadline for tax owing? I have seen in the instruction, it mentioned tax owing is due on the due date of tax return filing. So is it June 15th as well?

nelsona · Post by **nelsona** » Thu May 28, 2015 3:46 pm

Yes, the tax payment "deadline" is June 15. If you are not ready to file and you owe tax, use the extension form to pay the tax you estimate that you owe.

if you don't owe, do nothing and file anytime you wish.