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I am a Canadian working In US 2017 whole year . My wife and kids live in Canada .I went back Canada every month few days . They visited me for weeks . How to file tax ?

My wife has Canadian income . My wife and kids do not have SSN yest . We have to apply ITIN for them.  Can we file tax Married filling jointly or separately ? Ho w can I input her imcome? how to count the days my kids stay with me ?
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1 Best answer

Accepted Solutions
KarenJ
Intuit Alumni

I am a Canadian working In US 2017 whole year . My wife and kids live in Canada .I went back Canada every month few days . They visited me for weeks . How to file tax ?

You can either file married filing jointly or married filing separately.  Filing married filing separately is the easiest solution.  Married filing jointly may be more beneficial.

As you are a resident alien for the entire year, there is one option to file as married filing jointly.  It is to have the nonresident spouse treated as a resident by filing an election with your return.  However, it would mean that both of you have to declare your worldwide incomes on your joint 2017 income tax return.  The election is a 6013 g election.  If you do not choose to make this election, you will need to file married filing separately.  

You would need to prepare forms W-7 requesting an ITINs  for your wife and children and you would need to attach the W-7s to your federal return before mailing.  Please see this link for more information on ITINs 

https://www.irs.gov/individuals/how-do-i-apply-for-an-itin

 

Please see attached link for IRS publication 519, page 9 for information on this election. Publication 519 US Tax Guide for Aliens You would need to prepare your return in TurboTax and then print your return and manually create the page for the election and attach it to your return before mailing.

How To Make the Choice
Attach a statement, signed by both spouses, to
your joint return for the first tax year for which
the choice applies. It should contain the follow-
ing information.
A declaration that one spouse was a non-
resident alien and the other spouse a U.S.
citizen or resident alien on the last day of
your tax year, and that you choose to be
treated as U.S. residents for the entire tax
year.
The name, address, and identification
number of each spouse. 

[Edit 03.25.20 | 8:04 am]

View solution in original post

5 Replies
KarenJ
Intuit Alumni

I am a Canadian working In US 2017 whole year . My wife and kids live in Canada .I went back Canada every month few days . They visited me for weeks . How to file tax ?

What day did you arrive in the US in 2017?  What visa do you have?

I am a Canadian working In US 2017 whole year . My wife and kids live in Canada .I went back Canada every month few days . They visited me for weeks . How to file tax ?

I started working first day in 2017 in US .I have TN visa.Thanks!

I am a Canadian working In US 2017 whole year . My wife and kids live in Canada .I went back Canada every month few days . They visited me for weeks . How to file tax ?

Thank you very much,KarenJ. one more question,how to count the days my kids live with me ?
KarenJ
Intuit Alumni

I am a Canadian working In US 2017 whole year . My wife and kids live in Canada .I went back Canada every month few days . They visited me for weeks . How to file tax ?

You may also claim the child as a dependent that is living overseas only if the child is a US citizen and you and your spouse are resident aliens for tax purposes.   Your children will need to meet the substantial presence test before they can be claimed as dependents.  They have to be in the US 183 days,  counting all the days of 2017, 1/3 of the US days in 2016 and 1/6 of the days in 2015.
KarenJ
Intuit Alumni

I am a Canadian working In US 2017 whole year . My wife and kids live in Canada .I went back Canada every month few days . They visited me for weeks . How to file tax ?

You can either file married filing jointly or married filing separately.  Filing married filing separately is the easiest solution.  Married filing jointly may be more beneficial.

As you are a resident alien for the entire year, there is one option to file as married filing jointly.  It is to have the nonresident spouse treated as a resident by filing an election with your return.  However, it would mean that both of you have to declare your worldwide incomes on your joint 2017 income tax return.  The election is a 6013 g election.  If you do not choose to make this election, you will need to file married filing separately.  

You would need to prepare forms W-7 requesting an ITINs  for your wife and children and you would need to attach the W-7s to your federal return before mailing.  Please see this link for more information on ITINs 

https://www.irs.gov/individuals/how-do-i-apply-for-an-itin

 

Please see attached link for IRS publication 519, page 9 for information on this election. Publication 519 US Tax Guide for Aliens You would need to prepare your return in TurboTax and then print your return and manually create the page for the election and attach it to your return before mailing.

How To Make the Choice
Attach a statement, signed by both spouses, to
your joint return for the first tax year for which
the choice applies. It should contain the follow-
ing information.
A declaration that one spouse was a non-
resident alien and the other spouse a U.S.
citizen or resident alien on the last day of
your tax year, and that you choose to be
treated as U.S. residents for the entire tax
year.
The name, address, and identification
number of each spouse. 

[Edit 03.25.20 | 8:04 am]

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