As usual, my old partner in Ottawa, Gary Gauvin who has struggled through
the enrolled agent course to practice before the IRS has come through and
pointed out just why, I have never seen a 2555 turned down when filed by a
Canadian Resident / citizen with a US citizen / resident spouse.
thanks Gary
-----Original Message-----
From: Gary P Gauvin [mailto:tax at garygauvin.com]
Sent: Thursday, January 05, 2006 1:24 PM
To: taxman at centa.com
Subject: FW: Taxes Washington US Citizen married to BC
Canadian -Sirius Radio Show 10 AM Vancouver time Thursday Morning Jan
52006 - david Ingram Expert Income Tax help, preparation,consultation
and estimates
David;
A 6013(g) election covers the "resident alien" question for 2555 ( and any
other purpose like owning a foreign (CDN) corporation for 5471)
Gary
Gary P Gauvin LLC
Tax Services
2500 Rochelle Rd
Rockwall TX 75032
Phone & Fax (469) 273-3399
tax at garygauvin.com
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-----Original Message-----
From: centapede-bounces+tax=garygauvin.com at lists.centa.com
[mailto:centapede-bounces+tax=garygauvin.com at lists.centa.com] On Behalf Of
centapede at lists.centa.com
Sent: Wednesday, January 04, 2006 2:54 PM
To: CENTAPEDE; Webmaster at Jurock. Com
Subject: Taxes Washington US Citizen married to BC Canadian
-Sirius Radio Show 10 AM Vancouver time Thursday Morning Jan 52006 - david
Ingram Expert Income Tax help, preparation,consultation and estimates
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------------------------------------------
Sent: Wednesday, January 04, 2006 5:08 PM
To: taxman at centa.com
Subject: Taxes
Mr. Ingram,
I just ran across your website while surfing for information and wanted to
know if you have a moment to answer a question, it would be much
appreciated. I am a U.S. citizen, living and working full time in the U.S.
My husband is Canadian, we just married in May. We are going through the
immigration process, and that is just about complete. But my question is...
how I should file. My husband lives and works in Canada full time, and will
continue doing so after he moves to the states. (We live on a border town in
Washington State). Will he need to file taxes on his income earned in
Canada. We have not been living together, and will not be living together
until his Visa is issued in March, early April at the latest. I have no
dependent children. I am the only person in my household. I would
obviously like to be able to file married/joint if possible due to the tax
deduction. I understand his income would be taxable, but we might possibly
be able to offset this by a "foreign tax credit" as he pays Canadian taxes?
Should he continue to pay Canadian taxes after moving to the states? I'm
not sure if I'm on the right track here or not. If I file
married/separate.. will I be able to file jointly in years to come, as I've
read something regarding selection of filing status this year and affecting
years to come. Any insight you might have would be deeply appreciated.
Thank you
-----------------------------------------------
david ingram replies:
Your husband will file his return as usual as a Canadian resident and claim
his full personal amounts. He will show himself as married and should put
your net income on his tax return.
You and your husband will then file a joint US return. The return will
include your husband's Canadian Income including any interest, dividends,
rents, capital gains, or royalties.
Any tax paid to Canada will be claimed as a credit on form 1116 under the
categories to be found there.
Now we have a problem. Since your husband is living in Canada,
theoretically, he should file a form 2555 and exempt up to $80,000. The
problem is that the form says it is to be used by resident aliens or US
citizens only.
The problem is that in my 40 years in this business, I have likely seen this
form prepared 1000 times where neither condition applies and I HAVE NEVER
SEEN one rejected even though many have been the subject of other questions
and I know that the citizenship line has been looked at because it will have
an IRS checkmark beside it.
I see this when the IRS sends an entire tax return back because of a missing
signature or schedule.
Failing the acceptance of the 2555 you would file a form 1116 to claim a
foreign tax credit for the EI, CPP and Income tax paid to Canada and British
Columbia. Either way will save "you" money but the 2555 will save more than
the 1116.
And again, at one time I had over 600 offices under my control in the US and
Canada and I have never seen a 2555 rejected. Not once!! Nada!
So, that is what you do. If you need help with it, you know where we are
and your type of return and situation is our regular kind of return.
-----------
listen to David Ingram (and ask a question if you want to) Thursdays on
Channel 114 Sirius Radio The Good Life with Jesse Dylan Daily at 12 noon New
York time - david Ingram International Income Tax expert - real estate IRA's
401(K)
Thursday Jan 5, 2006 will be at 10 AM Vancouver time, 1 PM Manhattan time.
You can listen live on Channel 114 of your Satellite Radio or listen to the
stream on www.lime.com. You have to have the latest version of Real Player
to listen live on the Internet. You can get the latest version free by going
to http://www.real.com/playerplus/index.html?src=downloadr
After you are up to date, you can listen to the live program by clicking on:
http://lime.com/more/Radio_Play/index.html
If you are in Canada and have a question to ask and want to email it to me
in advance, we will try and use it on the air and if not, I will make a real
effort to answer it by email.
But better would be a phone call if you live in the USA.
Yep, a live free phone call is available from anywhere in The United States
(not Canada yet) at 1-866-LIME-114 or 1-866-546-3114
Now, I do not have to tell you that if you want this service available in
the future, support now would be nice. Help me show there Manhattan types
that there is a real demand for a Canadian to be answering US tax questions
with particular emphasis on those Cross-Border or out of country questions.
Thousands of tax consultants can answer a child tax credit but not many can
deal with foreign tax credits and earned income exemptions and a foreign
vacation home or foreign bank accounts or that foreign pension you still
have after working in Australia, or Algeria or Spain or Canada.
David Ingram
taxman at centa.com
------------------------
David Ingram's US/Canada Services
US / Canada / Mexico tax, Immigration and working Visa Specialists US /
Canada Real Estate Specialists Home office at:
4466 Prospect Road
North Vancouver, BC, CANADA, V7N 3L7
Cell (604) 657-8451 -
(604) 980-0321 Fax (604) 980-0325
Calls welcomed from 10 AM to 10 PM 7 days a week (please do not fax or phone
outside of those hours as this is a home office)
email to taxman at centa.com <mailto:taxman at centa.com> www.centa.com
<http://www.centa.com/> www.david-ingram.com <http://www.david-ingram.com/>
Disclaimer: This question has been answered without detailed information or
consultation and is to be regarded only as general comment. Nothing in
this message is or should be construed as advice in any particular
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and all non-contractual duties are expressly denied. All readers should
obtain formal advice from a competent and appropriately qualified legal
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