Wife working in Canada, I am in US

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usH1canadianPR
Posts: 2
Joined: Tue Oct 18, 2011 2:02 pm

Wife working in Canada, I am in US

Post by usH1canadianPR »

Hi there,

My wife is a Canadian PR (also has a US H4) and she works there and myself I am working in US (H1). We have a daughter who lives with me in US and in my US tax filing I file as joint to claim my daughter as the dependent.

Back in Canada my wife was advised by a tax consultant to file separately and for that, without her realization, that guy claimed the marital status as separated, which by all means, is not true. Given that, she is not claiming my daughter as dependent as she does not live with her but for this status she is getting some tax (GST?) credit.

Couple of questions here, is there another way how she can file her taxes there by which she can also claim that she is married and if so, does she have to show my US earnings in her filing, if so, does it affect her taxes there? Since I am already paying the taxes for my earnings here in US, wouldn't that be enough tax paying?
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Any help with the above is highly appreciated.


So the concern now is that what else we :? :? :?
nelsona
Posts: 18684
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona »

I assume you are not filing in canada, since you are non-resident.

If you are not filing, and you are married to your spouse, then she should be indicaing married, and reporting your income on page 1. This does not result in you being taxed, it merely (correctly) acounts for the family income in determining various credits, including GST and CCTB.

This will prevent her from recieving any credits that she would get filing separated. She should not be getting GST. The acct is not doing her any favours by filing false returns on her behalf, in my opinion.
After 20 years, I am severely cutting back on responses. Do not ask specifically for my help. There are a few others on this board that can answer most questions. All the best
nelsona
Posts: 18684
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona »

"separated" when speaking of Cdn taxes, ALWAYS means separated due to marital breakdown, NOT merely physical separation due to differnt situations (work, illness, school, etc)
After 20 years, I am severely cutting back on responses. Do not ask specifically for my help. There are a few others on this board that can answer most questions. All the best
usH1canadianPR
Posts: 2
Joined: Tue Oct 18, 2011 2:02 pm

Post by usH1canadianPR »

Nelsona, Thanks a lot for the quick response, appreciate it!
Your assumption is right, I am not a Canadian resident any more, I was, but from the time where my wife started working in Canada. I think your response helps us a lot and gives us an opportunity to fix the mistake we already did.

Thanks a bunch again!

[quote="nelsona"]"separated" when speaking of Cdn taxes, ALWAYS means separated due to marital breakdown, NOT merely physical separation due to differnt situations (work, illness, school, etc)[/quote]
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