Can Canadian Spouses File a U.S. Tax Return Together?

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A Common Question for Canadians Moving to the U.S.

Many Canadians who move to the U.S. wonder if they can file a tax return with their spouse. The answer depends on multiple factors, including residency status, tax forms used, and whether the spouse has a U.S. Social Security Number (SSN) or an Individual Taxpayer Identification Number (ITIN). Let’s break it down.

Residency and Tax Filing Options

If you are filing a 1040-NR (Non-Resident Tax Return), you CANNOT include your spouse on the return. Your spouse can only be added if you are filing a full-year U.S. resident return (Form 1040).

What If My Spouse Doesn’t Have a U.S. SSN?

If your spouse has moved with you to the U.S. but is not yet eligible for an SSN, you can apply for an ITIN (Individual Taxpayer Identification Number) when filing your tax return. Once an ITIN is obtained, your spouse can be included in your tax filing.

Reporting Canadian Income & Assets

When you file a full-year U.S. tax return jointly with your spouse, you must report worldwide income and assets. This includes:

Your Canadian income
Your spouse’s Canadian income (if applicable)
Any Canadian assets that need to be disclosed on U.S. tax forms

If you only file a 1040-NR, your spouse’s income and assets do not need to be reported, but they also cannot be included in your return.

Should You File Jointly or Separately?

Filing Married Filing Jointly (MFJ) usually results in lower tax rates and larger tax brackets, compared to Married Filing Separately (MFS), which is taxed at the same rates as Single filers. In most cases, filing jointly is more beneficial if your spouse has little or no U.S. taxable income.

However, tax planning is essential. If your spouse has significant income or assets, it may make sense to file separately, even if filing jointly is allowed. Every case is unique, and professional tax advice is recommended.

Final Thoughts

The ability to file jointly as a Canadian living in the U.S. depends on various factors, including your residency status, income sources, and tax forms used. If you’re unsure about the best approach, tax planning is key.

📌 Need help? Contact Akif CPA at our Houston or Toronto offices for expert tax advice. Our contact details are in the description below.

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10:56 08 May 21

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