how to file tax? Please help me

likesummer · Post by **likesummer** » Thu Mar 25, 2010 2:49 pm

Please help me, I don't know what shall I do:

My husband worked in US full yr 2009 under TN. On Aug. 2009, I moved from Canada to US together with my daughter (with TD). We still have Canadian bank account open as joint account.

Should my husband file both US and Canadian tax return? Should he file as Married file jointly for US tax or just single or what else? If he claim me and our daughter as dependent for US tax, what do we need to have - ITIN? And if file jointly for US tax, does my Canadian income need to be included and taxed as well? I don't have a tax filing# in US and no SSN as well

Thanks a lot!

nelsona · Post by **nelsona** » Thu Mar 25, 2010 4:12 pm

I have addressed thsi several times. Please read carefully posts on this board.

likesummer · Post by **likesummer** » Fri Mar 26, 2010 1:24 pm

Hi Nelsona,

Thanks a lot for your reply, I probably didn't address my specific case clearly. And here is our situation right now:

1. My husband came to work in US since July 2008 under TN, me and my daughter moved to US on Aug. 2009 under TD

2. We sold our house in Canada in 2009 and bought a house in US in 2009

3. Our daughter was born in Mar. 2009 in canada, so I was under mat leave since then (I have canadian income till Mar. 2009 and then started receiving EI), but my total income for 2009 would be low.

4. I have noticed CRA to update our address to our friend's address (since we still have Canadian bank account, we transferred mails from bank to our friends place as well), is it wrong? Shall I notify CRA that we are living in US now?

So my questions were

1. With all given activities we did in 2009, are we considered no major tie to Canada? shall my husband file dual tax return or can he just file US one?

2. Is my husband eligible to claim the $8000 housing credit in US?

3. We would like to have my husband claim both me and my daughter as dependent for his US tax but since my daughter and I only lived in US for 4 months in 2009, can my husband claim us as dependents? and in order to do this, does my husband need to get a ITIN? and If I would be claimed as dependent in US tax, and I have canadian income, shall I file US tax return as well? and If so, do I need to get tax# first?

Overall, we are trying to understand which is the best way in order to maximize our tax return credit. Please kindly give us your advice.

Thanks a lot again for your help!

nelsona · Post by **nelsona** » Fri Mar 26, 2010 8:59 pm

"I probably didn't address my specific case clearly."

What did that have to do with my response?

you were wrong to give false address to CRA. I hope you did noyt give false address to ET too, as this is illegal. They are supposed to withhold tax differently if you are not in canada.

You should file MFJ since your husband has been in US since 2008, and MFJ can get housing credit.

The rest will have to wait for May.

likesummer · Post by **likesummer** » Sun Mar 28, 2010 1:17 pm

Thanks a lot for your help Nelsona. I really appreciate your time and efforts in trying to response to every post!

""I probably didn't address my specific case clearly."

What did that have to do with my response? "

- I wasn't mean to be offensive. If so I apologize. I was just thinking I would love to hear some suggestions/advice from you specifically for my case.

I will correct my address ASAP.

If my husband file MFJ, do I need to report my canadian income into US tax filing?

And what do you mean exactly "The rest will have to wait for May"?

Many thanks again!

nelsona · Post by **nelsona** » Sun Mar 28, 2010 3:55 pm

I'm not answering mechanical or repetitive tax questions that are asked so late in the tax season.

MFJ means reporting ALL WORLD income for that year.