I'm a US citizen with a spouse who is non-resident alien. We live and work in Canada (we both have PR status). For the last several years I have been filing US taxes as MFJ. The first time we did that while in Canada, an election to treat my non-resident alien spouse as US resident for tax purposes (section 6013(g)) was made.
Here are my questions:
1. Can I file my US income tax return as MFS or am I required to continue filing as MFJ?
2. Does my spouse needs to file US tax return if I'm allowed to file as MFS?
Thanks.
Filing status
Moderator: Mark T Serbinski CA CPA
1. You can file MFS or MFJ any year you wish.
2. Not unless she has US income or meets US tax residency, which you said she does not.
2. Not unless she has US income or meets US tax residency, which you said she does not.
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 the election (section 6013(g)) doesn't apply in this case because of Canada-US tax treaty or something else?
Can I file as HOH since the IRS says "You are considered unmarried for head of household purposes if your spouse was a nonresident alien at any time during the year…"?
Thanks for your help, nelsona.
Can I file as HOH since the IRS says "You are considered unmarried for head of household purposes if your spouse was a nonresident alien at any time during the year…"?
Thanks for your help, nelsona.
You make the election year by year. Technically you don't have to make the election as a Cdn, but even if you did, it is still year by year.
You could be HoH only if you have children.
In any event, why bother; you aren;t taxable in US.
You could be HoH only if you have children.
In any event, why bother; you aren;t taxable in US.
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