My husband and I separated on February 3, 2013. I was living in California and worked for 3 weeks before moving back to Canada. We have not yet divorced but plan to file for that shortly.
I got a call from him today in California and he is doing his taxes and wants to include me on his taxes in California. I worked a lot in Canada in 2013 and paid a lot of taxes in Canada. I am listed as separated for taxation purposes, however he never changed his status in California. After filing as married by separated, and not claiming me as a dependent, he is noticing he owes money on taxes rather than getting a refund. He is frustrated and called me saying he may have to include me on his taxes for 2013 as a result.
My issues are as follows:
- I am not claiming him on my Canadian taxes as I am listed as separated.
- I am not filing US taxes as I know there is a tax treaty and was simply going to include out of country income on my Canadian return.
- I am fearing he will file for both of us in California and have it mess up my taxes and return here in Canada. He insists on "asking someone to see" even though I told him to absolutely NOT file for me there.
Could someone shed light on what will happen in either situation and what my best option is with this? I thought you could only file in one country due to the tax treaty but I want to provide him with this information so he leaves me out of it all. I don't want his slacking off on changing his status and wanting to pay his taxes owed to affect my taxes in Canada and cause headaches for me. Please help :S
How to file in US and Canada when Separated
Moderator: Mark T Serbinski CA CPA
First off, putting aside the separation, your assumption on how to file your taxes is incorrect.
Assuming you lived in US in 2012, you did not say (please correct me), then you must file as a resident of US and California at least until feb 3. Your would not report the income you earned in US on your Cdn return, sicne you were non-resident of Canada at that time.
Since you have not divorced, you are still married for tax purposes, thus you and he can file separately.
While it will make his taxes higher, that is your right. You never, even when married, have to file jointly, so don't have to in your case either. he should have had more withheld.
But you do need to file a US return for your US income while resident.
Assuming you lived in US in 2012, you did not say (please correct me), then you must file as a resident of US and California at least until feb 3. Your would not report the income you earned in US on your Cdn return, sicne you were non-resident of Canada at that time.
Since you have not divorced, you are still married for tax purposes, thus you and he can file separately.
While it will make his taxes higher, that is your right. You never, even when married, have to file jointly, so don't have to in your case either. he should have had more withheld.
But you do need to file a US return for your US income while resident.
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
So I lived in the US from May 2011 to Feb 2013. I worked for 2-3 weeks in California and then moved back to Canada and gave up my residency.
Is there not a tax treaty where you only pay taxes on one return? I heard somewhere you only had to file once so long as you paid those income taxes and you report that income where you resided. I assumed residency was where you spent the majority of that tax year. This is my first time dealing with this so really not sure. I heard if I do file in Cali I have to report out of country income also, same with Canada thus I assumed I would end up paying double the taxes.
I also thought if you don't make enough in the US that you aren't required to file. Also an assumption so not sure. Any information is appreciated. Are there links to resources for this online so I get the facts? No such luck searching on my own.
Is there not a tax treaty where you only pay taxes on one return? I heard somewhere you only had to file once so long as you paid those income taxes and you report that income where you resided. I assumed residency was where you spent the majority of that tax year. This is my first time dealing with this so really not sure. I heard if I do file in Cali I have to report out of country income also, same with Canada thus I assumed I would end up paying double the taxes.
I also thought if you don't make enough in the US that you aren't required to file. Also an assumption so not sure. Any information is appreciated. Are there links to resources for this online so I get the facts? No such luck searching on my own.
"Is there not a tax treaty where you only pay taxes on one return? " Absolutely not.
You lived in US, and you earned income in US. So you need to at a minimum report and file that income in US.
Because you were not living in Canada, you do not report any income from before your return. You put an arrival date on your Cdn return. Presuming of course that you correctly filed a departure return in 2011.
You should be familiar with this because of your special returns you filed in 2011.
You lived in US, and you earned income in US. So you need to at a minimum report and file that income in US.
Because you were not living in Canada, you do not report any income from before your return. You put an arrival date on your Cdn return. Presuming of course that you correctly filed a departure return in 2011.
You should be familiar with this because of your special returns you filed in 2011.
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