Canadian Spouse

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  • tonia2021
    Senior Member
    • Mar 2007
    • 119

    #1

    Canadian Spouse

    Question about a Canadian spouse.

    I have a taxpayer that got married this year. She wanted to file MFS, so I asked for ther spouse's name and SS#. Turns out the spouse doesn't work or live in the USA. How should this return be compelted? Does a Canadian resident have a Social Security number if they haven't lived or worked in the USA. Or, does he need to get a taxpayer ID number?

    Thank you in advance for the response.
  • taxmandan
    Senior Member
    • Oct 2005
    • 1037

    #2
    Since we haven't annexed Canada as a territory of the USA yet, I doubt he qualifies for a SSN so he needs an ITIN.
    "A man that holds a cat by the tail learns something he can learn no other way." - Mark Twain

    Comment

    • veritas
      Senior Member
      • Dec 2005
      • 3290

      #3
      I didn't see any

      reference to a "he".

      Originally posted by taxmandan
      Since we haven't annexed Canada as a territory of the USA yet, I doubt he qualifies for a SSN so he needs an ITIN.

      Comment

      • thomtax
        Senior Member
        • Nov 2006
        • 1276

        #4
        Veritas

        Originally posted by tonia2021
        Question about a Canadian spouse.

        I have a taxpayer that got married this year. She wanted to file MFS, so I asked for ther spouse's name and SS#. Turns out the spouse doesn't work or live in the USA. How should this return be compelted? Does a Canadian resident have a Social Security number if they haven't lived or worked in the USA. Or, does he need to get a taxpayer ID number?

        Thank you in advance for the response.
        Look in the last sentence of the first paragraph.

        LT
        Only in government or politics is a "cut in spending" really an increase. It's just not as much of an increase as they wanted it to be, therefore a "cut".

        Comment

        • bertrans
          Senior Member
          • May 2007
          • 198

          #5
          Originally posted by thomtax
          Look in the last sentence of the first paragraph.

          LT
          Plus, poster said '..she' and 'her spouse': since the discussion is about Federal Income taxes, her spouse had best be a 'he'.

          Comment

          • tonia2021
            Senior Member
            • Mar 2007
            • 119

            #6
            You are correct, it is a wife (USA citizen) and her Candaian husband.

            I am guessing she can't efile. Is that right?

            Comment

            • taxmandan
              Senior Member
              • Oct 2005
              • 1037

              #7
              No efile this year.

              Originally posted by tonia2021
              You are correct, it is a wife (USA citizen) and her Candaian husband.

              I am guessing she can't efile. Is that right?
              If he doesn't have an ITIN yet, the return will need to be mailed with the W-7 and supporting documents attached, to Austin, TX for processing. The ITIN will be assigned and the return then processed by theIRS.
              "A man that holds a cat by the tail learns something he can learn no other way." - Mark Twain

              Comment

              • gkaiseril
                Senior Member
                • Feb 2007
                • 567

                #8
                Consider All the Options and Consequences

                A U.S. citizen or resident must file Form 1040; there is no option to file Form 1040NR.

                A U.S. citizen or resident may elect to file a joint return with his or her nonresident alien spouse. However, the nonresident alien spouse must, in turn, "elect to be treated as resident," i.e. file Form 1040, and report nonresident's income from worldwide sources.

                If the nonresident alien spouse does not elect to be treated as a resident, the U.S. citizen or resident spouse must file using the married filing separately status or, if appropriate, head of household filing status. Under no circumstances may he/she file using the single filing status.

                Before making this election, the taxpayers should consider whether doing so is to their best advantage. Some possible considerations are:

                How much foreign income the nonresident alien spouse has.

                Whether the nonresident alien spouse can claim the foreign earned income credit or a foreign tax credit.

                Whether choosing resident status will prevent the nonresident alien from claiming certain treaty benefits. Check the specific treaty for this purpose.

                Comment

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