# Question about filing US Taxes with Dual Citizenship



## Smixx (Jul 5, 2010)

I am a US Citizen born abroad and have just found out that I should have been filing my US taxes. I plan on submitting my Tax Return and the Foreign Income Exclusion forms as well for the last 7 years. 

My main question is that in Canada, my Fiance and I are already common-law so do we file our taxes together. On my US return do I state that we are married as well? Or does common-law mean something else in the US? 

The options are:
1.) Single
2.) Married filing jointly
3.) Married filing separately

If I choose anything other than "Single" I should be putting in my spouse's SSN. My spouse is Canadian and doesn't have an SSN. Any ideas?

Thanks,

Cory


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## Auld Yin (Mar 10, 2009)

Smixx said:


> I am a US Citizen born abroad and have just found out that I should have been filing my US taxes. I plan on submitting my Tax Return and the Foreign Income Exclusion forms as well for the last 7 years.
> 
> My main question is that in Canada, my Fiance and I are already common-law so do we file our taxes together. On my US return do I state that we are married as well? Or does common-law mean something else in the US?
> 
> ...


In Canada, if you are both working here, you should do No. 3. If your "wife" does not work then No.2. You should be filing US returns but your common-law with no SSN has no connection to the USA. I see no reason to include her on a joint tax return. If, as and when you live in the USA, married or not, then you would follow the US Tax laws.


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## Smixx (Jul 5, 2010)

Auld Yin said:


> In Canada, if you are both working here, you should do No. 3. If your "wife" does not work then No.2. You should be filing US returns but your common-law with no SSN has no connection to the USA. I see no reason to include her on a joint tax return. If, as and when you live in the USA, married or not, then you would follow the US Tax laws.


So we've already filed our Canadian returns just fine, the main question was what do I choose on the US return....single since she has no ties to the US?


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## Auld Yin (Mar 10, 2009)

Smixx said:


> So we've already filed our Canadian returns just fine, the main question was what do I choose on the US return....single since she has no ties to the US?


That's what I would do.


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## Smixx (Jul 5, 2010)

Auld Yin said:


> That's what I would do.


Thanks alot for your help, another question is..I can just submit a 1040EZ if I only have wages to claim right?


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## Bevdeforges (Nov 16, 2007)

If common law in Canada means what I think it does (i.e. not married, just living together), then you must file your US returns as "single." (The good news is that none of your partner's income need be included.) The only catch is that, if you want to claim your fiance as a dependent , he or she must have a US SS (or taxpayer identification) number.

You only really need to file the last 3 years in arrears, as long as those three years show little or no tax liability.

And, yes, if you have only wages to report, you can probably file the 1040-EZ - check the 2555 form (I think there is an EZ version of that, too, and it should indicate which 1040 to use and which line of the form to put the information on).
Cheers,
Bev


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## Smixx (Jul 5, 2010)

Bevdeforges said:


> If common law in Canada means what I think it does (i.e. not married, just living together), then you must file your US returns as "single." (The good news is that none of your partner's income need be included.) The only catch is that, if you want to claim your fiance as a dependent , he or she must have a US SS (or taxpayer identification) number.
> 
> You only really need to file the last 3 years in arrears, as long as those three years show little or no tax liability.
> 
> ...


Everyone on this forum is so helpful, this is great! 

Since 2007 we have been filing our Canadian Taxes together with our status as COMMON-LAW. I would imagine that I would then have to file as "Married - Filing Separately". I've heard that in this case I would need to get my spouse a Taxpayer Identification Number....is this correct?


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## Bevdeforges (Nov 16, 2007)

Smixx said:


> Everyone on this forum is so helpful, this is great!
> 
> Since 2007 we have been filing our Canadian Taxes together with our status as COMMON-LAW. I would imagine that I would then have to file as "Married - Filing Separately". I've heard that in this case I would need to get my spouse a Taxpayer Identification Number....is this correct?


Unless you are legally married you will have to file as "single" - the one exception is if you have a dependent child who you can claim (again, needs a taxpayer i.d. or social security number) then you may be able to file as "Head of household." Your Canadian filing status has no bearing on how you file in the US and there is no way to claim "common law" or "civil partner" status.

If you decide to tie the knot officially, you then must file as "married - filing separately" - but you don't necessarily need to get your spouse a taxpayer i.d. number. You only need that if you are taking your spouse as a dependent - and for that, you need to be able to show that you are providing over half of their support, as well as a few other requirements. Check the current IRS rules (publication 17 is the most comprehensive instruction booklet, available for download from the IRS website) as certain categories of dependents must be US residents or citizens - so getting an ITIN could be a big waste of time unless your partner is otherwise qualified.
Cheers,
Bev


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