US person in Canada, 14 years, never filed a US return

andsoitgoes · Post by **andsoitgoes** » Mon May 23, 2011 10:09 pm

Sorry for the chopped up subject, needed it to cover all the possible details...

I know this is my fault, but I'm trying to make up for my lack of filing a return for the past 14 years. I believe I did file one US return in 1996. I was 17/18 at the time and the impetuous of my youth got the better of me.

Because I heard nothing from it, I did nothing.

Recently I've started to look into ways of earning a bit of extra income, and the company is US and I need to fill out a W9, and I realized that I need to get my butt in gear.

I'm at a COMPLETE loss, though. I'm like a deer in the headlights. From what I've read, I need to file at least the last 3 - 4 years, and I have all my documentation to do that.

But I don't know where to start. What forms do I need? Do I just need the 1040? I know I'm past the time frame for the exemption, but do I still need to file a 2555?

I spent probably about 35 days in 2010 in the US due to my father's illness and his passing, but does that mess me over for being able to deal with the 2555? Am I no longer a bona fide citizen? I've also gone back to visit each year, but I don't have a clue on the dates. I didn't keep a record.

I have no money to pay for an accountant to figure this out with/for me, so I need to do it on my own, but I have no idea where or how to start. I'd like to get my 2010 income in order so I can submit before the deadline this year. But I don't know what's going to happen for the past years, and would more than appreciate ANY help.

Thanks,

Nick

andsoitgoes · Post by **andsoitgoes** » Mon May 23, 2011 10:11 pm

Oh, and on the note of children.

I have twins, born in 2005. They were born in Canada. My wife is a Canadian citizen. We were married in Canada.

I don't have SSNs for my children and don't feel it's necessary to do so, it's not something I'd like to go through if I can avoid it.

Should I just not include them as dependants when doing my tax forms?

andsoitgoes · Post by **andsoitgoes** » Mon May 23, 2011 11:06 pm

I wish I could edit my posts...

Maybe it would be wise to include my children for the last 6 years for the $1k credit? But they don't have a SSN...

andsoitgoes · Post by **andsoitgoes** » Thu May 26, 2011 1:59 am

Begging for some assistance, here.

Am really hoping for anything anyone can do.

nelsona · Post by **nelsona** » Thu May 26, 2011 7:19 am

many posts on this subject. happy browsing... then come back wioth one or two specific questions...

andsoitgoes · Post by **andsoitgoes** » Thu May 26, 2011 4:07 pm

I think my problem is that I don't even know where to start. I've tried to search, and browse, but after page 15, I felt terribly lost.

If you could give me somewhere to start, that would give me something. Even knowing what forms I need to fill out would be something.

eortlund · Post by **eortlund** » Thu May 26, 2011 5:04 pm

Is there a reason your kids don't have SSNs? If you can get the $1000 per child tax credit, including for back years, that could more than cover the cost of someone helping you with this. But it depends on your specific situation.

The forms I use are: 1040, 1116, 8812, 8891, plus the forms to report our foreign bank accounts. I use TurboTax online and it is significantly easier than when I tried to do it on paper. It walks me through and generates most of the correct forms for me automatically. At first, I paid a cross-border accountant, especially when I was attempting the 1116 form by hand (that was dumb). Then one year, I paid a bit extra for some coaching to make sure I was doing it correctly, using Turbotax. Now I do it all myself. Good luck!

andsoitgoes · Post by **andsoitgoes** » Thu May 26, 2011 5:56 pm

Honestly, I just never felt the need to get them. Because our plan was to live in Canada permanently and my wife is a Canadian citizen, I didn't see any benefit at the time. And with how difficult they were as babies, the last thing I wanted to do was figure that out ;)

Looks like I'll have to do a fair amount of work to get them their SSN, though. But is there a guarantee that I'll get the 1k/child - and that I will actually get money back?

As far as my income goes, it's very basic. I don't like to admit it, but I don't do any deductions for RRSPs and my income is well over 65k/year.

I found some cheap copies of old versions of the TurboTax software - don't see why I couldn't use that and print out the documents to send in, right?

But no matter what it seems like I need to get the SSNs for my daughters before I can do anything. See, this is the miasma I've got myself stuck into!

eortlund · Post by **eortlund** » Thu May 26, 2011 7:30 pm

I don't think getting them SSNs is a big deal. But we just did the whole thing when ours were babies--went to the consulate and got certificates of birth abroad, SSNs, and passports. I don't know if you can just get SSNs without the certificate of birth abroad or not--I'd check the US Embassy in Canada website. You might be able to do it through the mail--it's for passport purposes that the children need to be seen in person, I believe.

I don't know about using old versions of Turbotax. My guess is you would get 1K per child back, but no one can say for sure because it depends on your specific financial picture. Why not run your numbers through Turbotax online and get a sense of it? You don't have to pay just to enter all your info.

eortlund · Post by **eortlund** » Thu May 26, 2011 7:33 pm

From http://canada.usembassy.gov/consular_se ... broad.html
[i]
12.Complete Application for a Social Security Number (Form SS-5-FS). Children 12 years of age and older must appear in person with the parent signing.[/i]

How old are your kids?

eortlund · Post by **eortlund** » Thu May 26, 2011 7:37 pm

Never mind--you said they were born 2005.

andsoitgoes · Post by **andsoitgoes** » Thu May 26, 2011 8:30 pm

And although they don't have to be there for the SSN signing, they have to be there for the birth record.

As well, I need to get the full birth certificate from Canada, as we just have the standard form.

Then on top of that, I need to spend an additional $200 for both my children.

I have to take them with me and I have to attend with my wife.

She'll have to take a full day off of work, at least, and I have to try and book in a time to attend for an appointment to get the certificate of birth and then their SSN.

THIS is why I never got their SSN prior to this. I appreciate that these are all security requirements, but as a parent of high-energy super active children, the whole process sounds like a nightmare. They were impossible to deal with when they were babies, too.

Anyway, I don't see the benefit of getting them registered yet. Unless I'd be actually looking at getting $2k/year from them going back to 2005. Would I actually get $12k for their 6 years? I just don't understand how that works in a situation like this.

But seeing as I won't be able to get their details for quite a few months even if I was to do it, can I submit my back taxes now and then redo them, or should I just wait until I get this all?

nelsona · Post by **nelsona** » Thu May 26, 2011 8:44 pm

Before you waste time getting a consular birth report, verify that it is not needed.

You can simply get a passport, by submiting their full birth cert, and the US parents birth cert.

With a passport you can get an SSN.

So, your choice. I would skip the consular birth report.

nelsona · Post by **nelsona** » Thu May 26, 2011 8:45 pm

You certainly would be able to get the past 3 years, so $6000.

And if you apply for passport, you don't need consulate appointment.

andsoitgoes · Post by **andsoitgoes** » Thu May 26, 2011 9:23 pm

Thank you, very much.

Could I not go farther back than 3 years, though? If I'm getting $2k/year - heck, the more the better, right?