Subject: Canadian A2 Visa Holder Marries US Citizen
Expert: taxman at centa.com
Date: Thursday February 23, 2006
Time: 12:07 PM -0800
QUESTION:
Hi David,
I am an A2 (diplomat) Visa holder living/working in the U.S. and am marrying
a U.S. Citizen this May. She moved in with me in Feb. 2005 and we bought a
house in 2005. I have to file with Canada and she with the U.S. The house
is in both of our names but I am the only one on the mortgage because of her
credit situation. Can she write-off all of the mortgage interest and
property tax? Is there anything we should know that might help us reduce
our tax liabilities?
Thanks!
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david ingram replies:
Just wanted to complicate your life "eh!!"
Your new bride can claim the mortgage interest and property taxes and
charitable deductions etc. After marriage, you should in fact be filing a
joint return and you should report your Canadian income on that return.
However, you will also fill in form 8833 -
http://www.irs.gov/pub/irs-pdf/f8833.pdf#search='8833%20treaty' to claim an
exemption from tax on that income under Article XIX of the Canada / US
Income Tax Treaty.
You will fill in "CANADA' on line 1(a)
You will fill in XIX on line 1(b)
I am also of the school that says you should file a US 1040NR tax return
this year as well. Page 5 is self explanatory and shows you the method a
diplomat would fulfil US Income Tax laws.
I think the rest is self-explanatory
If you should decide to have us do this for you this year, you would join
another dozen or so individuals in the same boat.
Too bad you were not married in Dec, she would have saved several thousand
by filing the joint return for 2005 as well.
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------------------------------
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