Results 1 to 5 of 5
  1. #1
    Join Date
    Dec 2009
    Posts
    1

    Default Filed Taxes As Single Although Married

    I would appreciate any help! Here's the situation: Canadian, while living in Canada, married US citizen Dec /06. Have filed my taxes in Canada as single since. He has done the same in Maine. He had no taxable income for 2008 so did not file this past year. I moved to Maine Jan/08 but filed in Canada for 2008 as I had considerable investment income and ownership of Cdn corporation (Cdn resident for tax purposes, no US income) This year I want to file in Maine; I know we should have filed as married previously - please help!

  2. #2
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Filed Taxes As Single Although Married

    Quote Quoting kkhh94
    View Post
    I would appreciate any help! Here's the situation: Canadian, while living in Canada, married US citizen Dec /06. Have filed my taxes in Canada as single since. He has done the same in Maine. He had no taxable income for 2008 so did not file this past year. I moved to Maine Jan/08 but filed in Canada for 2008 as I had considerable investment income and ownership of Cdn corporation (Cdn resident for tax purposes, no US income) This year I want to file in Maine; I know we should have filed as married previously - please help!
    File a proper joint return from now on. As a US resident you must include your world wide income on you US tax return, but you will get a credit for foreign taxes paid.

    See a tax professional and get advice about what you should or should not do regarding prior years.

  3. #3
    Join Date
    Jul 2007
    Location
    Florida
    Posts
    2,344

    Default Re: Filed Taxes As Single Although Married

    Until you moved to the U.S. you had no obligation to file a U.S. tax return since you are not a U.S. citizen. In that case, your husband needed to file with the Married Filing Seperate filing status. If you personally don't meet the requirements to file a U.S. return then you still don't have to file, and your husband can file MFS. What he (and you) cannot do legally in the U.S. is file as Single, and for years where he improperly filed that way he should amend the return(s).

  4. #4
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Filed Taxes As Single Although Married

    Quote Quoting Bubba Jimmy
    View Post
    Until you moved to the U.S. you had no obligation to file a U.S. tax return since you are not a U.S. citizen. In that case, your husband needed to file with the Married Filing Seperate filing status. If you personally don't meet the requirements to file a U.S. return then you still don't have to file, and your husband can file MFS. What he (and you) cannot do legally in the U.S. is file as Single, and for years where he improperly filed that way he should amend the return(s).
    Her husband still could have filed a joint return, although the tax treatment then gets quite complicated. She will also need to deal with her Canadian issues, whatever those will be.

    That is why I recommend that they see a tax professional regarding the prior years.

  5. #5
    Join Date
    Jul 2007
    Location
    Florida
    Posts
    2,344

    Default Re: Filed Taxes As Single Although Married

    Yes, all married people can file a MFJ return. I was just filling in all of the possiblities. Depending on the worldwide income it may or may not be advantageous to file jointly. One thing is for certain, they cannot file as single. In all complex tax or legal situations, it is best to consult a professional. That is usually the lowest cost route.

    1. Sponsored Links
       

Similar Threads

  1. Naturalization: Filing Taxes as Single Before Applying for Citizenship
    By sasa1973 in forum Permanent Residency and Naturalization
    Replies: 3
    Last Post: 08-12-2011, 08:31 AM
  2. Married Filed Single
    By mcwild in forum Tax Law
    Replies: 13
    Last Post: 07-04-2010, 09:05 AM
  3. Married but Filed As Single
    By mrxd in forum Tax Law
    Replies: 4
    Last Post: 06-02-2009, 09:47 AM
  4. Filed As Single Before Divorce Was Final
    By dizzydezz55 in forum Tax Law
    Replies: 1
    Last Post: 03-06-2009, 07:29 AM
  5. Obstruction of Justice: Filed A False Police Report After a Single Car Accident
    By yesno12 in forum Criminal Charges
    Replies: 2
    Last Post: 12-24-2007, 03:40 PM
 
 
Sponsored Links

Legal Help, Information and Resources