file tax "married- separately" or "married -j

LHB · Post by **LHB** » Wed Apr 01, 2015 9:51 pm

Hello

My husband and I are Canadian citizen. my husband lives and works in US on TN visa , his income is from US. myself, I'm a Canadian resident and work for a Canadian company (however I travel to US very often - TD visa), my income is from Canada (also, i have RSP and some investments in Canada). we have a kid who lives with my husband in US and we pay her preschool. do we file taxes for both countries (Canada/US) as married-jointly or married-separately?

any help is highly appreciated.

thanks
LHB

nelsona · Post by **nelsona** » Thu Apr 02, 2015 8:54 am

Coming here a little late to work this out.

When did he move?

LHB · Post by **LHB** » Thu Apr 02, 2015 9:20 am

he leaved Canada July 2013, however, my kid and I stayed in Canada until the end of 2013. since jan 2014, my kid lives with my husband , and I technically live in canada (but travel between Canada and US often, I work for a Canadian company (i don't have work permit in US , TD visa). for 2013 we filed the tax for Canada for whole family, and in addition, my husband filed for US as NR for 2013.but 2014 he lived and worked in US all time, my kid was in US , but I was Canadian resident.

nelsona · Post by **nelsona** » Thu Apr 02, 2015 10:01 am

he should have filed departure return in 2013. He should now do so for 2014. You can choose to join him on his 1040 or not. It is am=lmost ALWYS better for you to do so.

Regardless, you are still Cdn resident for 2014 and need to file full Cdn return.

I jhave addressed all these issues elsewhere. happy browsing.

LHB · Post by **LHB** » Thu Apr 02, 2015 10:12 am

Thanks so much Nelsona for your help. just to make sure I understand it correctly, my husband only need to file for US as he was all 2014 in US, he doesn't need to file tax for Canada. I do married jointly for US , but I don't need to declare my Canadian income. also I file tax for Canada desperately (no need to add my husband or kid). right? I really appreciate your help and time.

nelsona · Post by **nelsona** » Thu Apr 02, 2015 10:18 am

Yesm, he DOEAS need to file a DEPARURE retunr for canada because he failed to do so in 2013. Please look at the Emigrants guide from CRA for details.
if you join your spouse on his 1040 this means YES you must declare ALL your world income on it, and I've expalined this mnany times elsewhere.. You should have visited here 18 months ago, so I'm not going to go any further in this discusion.

Motto: Don't do taxes in April.

LHB · Post by **LHB** » Thu Apr 02, 2015 12:41 pm

Thanks . I've just talked to the international tax center of Canada, although my husband and kid have resided in US in 2014, still they will be considered as factual resident of Canada, as they have a strong tie to Canada (I'm Canadian resident). and my husband still have to file Canadian tax return. Emigrants are who have no tie to Canada anymore.

nelsona · Post by **nelsona** » Thu Apr 02, 2015 1:12 pm

That is not correct. Please do not attempt to define these terms for me.

CRA will ALWAYS say that someone is resident, it's easy -- and wrong. Your spouse is NOT, he is a deemed non-resident of canada, by treaty, because he works and lives in US, and his family lives with him or visits him.

CRA and IRS telephlunkies are wrong about 90% of the time. Don't waste your time with them.

LHB · Post by **LHB** » Thu Apr 02, 2015 3:24 pm

well, the only thing I am attempting is finding out what I do to file tax form. last year H&R did it for us and we got penalties form Canada, so I'm trying to understanding our situation to avoid penalties for this year. Nelsona, I appreciate your time and help with this.

nelsona · Post by **nelsona** » Thu Apr 02, 2015 3:32 pm

Sadly HRBlockeads are only slighy beter or worse that CRA telephlunkies.

This would make a good video game, like zombies vs. vegetables.