TD 90-22.1 for Canadian Spouse?

[dmendel]

I am US citizen, Canadian PR, living in Canada. My wife is a Canadian citizen. However, she chose to be treated as US cit for tax purposes so that I can file my US 1040 as MFJ. I complete a TD 90-22.1 every year for my personal and joint accounts. However, because I file a joint US return I wonder if my wife is also required to complete a TD 90-22.1 as well? She has joint bank accounts and a brokerage account with me (the same ones I report already) and individual RRSP accounts.

[nelsona]

Once she joins you on your return, she must file a TD form for any accounts that she holds BY HERSELF.

Most couples file 3 forms, one each for their personal accounts, and one for any joint accounts, all sent together to Detroit.. If she has no personal accounts, then she does not need to file one on her own.

[dmendel]

This is what I thought. Thank you. I know I read on a previous post that there is no requirement to file retroactively. I assume that this is still the case? In which case she can submit her TD beginning with 2007 tax year and not worry about the past five?

One clarification. Taking your approach of sending in three sets of forms (one for each of our personal accounts, one for joint accounts), how does one complete the Taxpayer Identification Number, Part I, and line 20 of Part II for the joint accounts? As I have been the only one submitting the TD, I have simply used my own information (SIN and name, address) and list my wife as joint account holder. How is this done if there is a separate set of forms for joint accounts only? Do we just pick one of us to be the primary filer on that set of forms? I don't see any other way to do it.

Thanks.

[nelsona]

If you have been using your SIN (which is cdn number) then I guess she can use hers too.

But if you mean SSN, then she can use her ITIN. I assume that she already has this, even though she has never filed, since you could always claim her as dependant, eben when filing separtely. But, if you have not gotten ITIN, you will when you file jointly. Use this on the TD form.

If you don't have it in time to file TD form, file the TD form without it, and they will come back to you for it, well after the time you get ITIN.

[nelsona]

as to filing retroactively, you said she never treated herseld as US person before, so there is nothing to report for the past.

But, as you say, even if there were reason, there is no value in retrofiling TD form. There is in filing 8891 or 3520, when it was required.

[dmendel]

To clarify:

I meant SSN, not SIN. I have both, as I am US citizen but I live and work exclusively in Canada.

My wife is Can citizen only, but she has a SSN, because she lived and worked in US until 2001, when we both moved to Canada.

This still, however, doesn't answer my question. If as you propose submitting a separate set of TD's for the joint accounts, whose name and SSN goes on that form? I am assuming that it doesn't matter -- one is listed as primary and other as joint holder or vice-versa, right?

[nelsona]

Oh, I thought you had been sending a joint TD for all these years, since these were your accounts. You said "I complete a TD 90-22.1 every year for my personal and joint accounts".

You were supposed to put her name and SSN on these, along with yours. How else did you identify them as joint?

[nelsona]

The TD you should be adding to your list this year is her non-jointly held account report.

you should have always been sending one for your own accounts, and one with your joint accounts, 9which would have your name on top, and hers as the joint holder in the 1st section.