US Citizen who moved abroad - I need some help

Canada Discussion in 'Individuals' started by Michelle RC, Jan 20, 2018.

  1. Michelle RC

    Michelle RC

    Jan 20, 2018
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    I am looking for an accountant to help me file taxes and also figure out who I am supposed to file.

    The situation is this:
    I am a US citizen, married to a Canadian. My husband and I lived in NYS and then decided to move to Canada.
    He is a Canadian citizen, was a permanent resident (has given up due to time out of the country since we moved). He moved back to Canada in Dec 2016 - he had no earned income in 2017 in the US. I moved to Canada in March 2017 and did have income in both US and Canada.

    How do I file this? Individual? Married filing separate? Joint? He did have a SSN but I am unsure if we can use it to file taxes if he has now given up his permanent residency, though Im pretty sure if we decided to go back he would receive the same number.

    Any help is appreciated.
    Michelle RC, Jan 20, 2018
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  2. Michelle RC

    Drmdcpa VIP Member

    Aug 2, 2017
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    US citizens are taxed on their worldwide income irrespective of where they live. Thus you need to file in the US and probably NY. Tax on some earned income can be avoided if you meet certain tests.

    The US only taxes non-citizens if they reside in the US or if they have income effectively connected with the US. The fact that your husband does not have earned income in the US does not necessarily preclude him from having a filing requirement. Sufficient investment income in the US or tax qualified retirement income could give him a US filing requirement.

    Canada taxes residents not citizens. While you reside in Canada income from all sources should be taxed.

    Canada also taxes non-residents on income effectively connected to Canada. Thus if you had income from Canadian source (e.g. RRSP withdrawals, Canadian rental properties, Canadian brokerage account activity), you would be taxed on that in Canada irrespective of where you live.

    Good luck sounds messy. You should certainly not try to do it yourself.
    Drmdcpa, Jan 20, 2018
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  3. Michelle RC


    Jan 9, 2013
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    Let me know where i can get my $500000+ back since i'm not supposed to get taxed :confused:
    karikamiya, Jan 29, 2018
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