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Miguel Diaz

U.S. Citizen with Foreign Spouse - Need Help with Non resident tax filing options

I'm a U.S. citizen but my wife lives and works in Canada full time. She made about 67K CAD last year, while I earned around 69K USD working here in the States. I'm confused about whether I should file as Married Filing Separately or Married Filing Jointly to maximize my tax benefits. My tax guy looked at everything and told me that if I go with Married Filing Separately, I'll end up owing about $1,100 to the feds but will get back around $620 from my state. He mentioned something that really confused me - that adding my wife's Canadian income would actually INCREASE my tax burden instead of lowering it like I thought it would. He's recommending I just file separately and mail in my return instead of e-filing. Does that advice make sense? I always thought filing jointly was better but now I'm second-guessing everything. Does anyone have experience with this U.S./Canada situation?

Zainab Ahmed

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This is actually a common situation with cross-border marriages. Your tax preparer is likely steering you in the right direction. When you have a non-resident alien spouse, the filing rules get tricky. If you file Married Filing Jointly, you'd need to report your wife's worldwide income (the full 67K CAD) as taxable in the US. While this gives you access to certain credits and deductions, it often doesn't outweigh having to pay US taxes on foreign income - especially since your income levels are similar. Filing Married Filing Separately keeps your tax situations independent. Your wife won't have to file a US return unless she has US-source income, and you won't have to include her Canadian income on your US return. You lose some tax benefits of joint filing, but avoid double-taxation issues. As for mailing versus e-filing, that's because returns with non-resident alien situations often require additional documentation that can't be submitted electronically. Paper filing is common in these scenarios.

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Does OP's spouse need to get an ITIN if they file MFS? Or is that only if they file jointly? Also, wouldn't the Foreign Tax Credit help offset the Canadian taxes she's already paying?

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Zainab Ahmed

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For Married Filing Separately, the non-resident spouse doesn't need an ITIN unless they have US-source income or are claiming certain benefits. It's primarily needed when filing jointly. The Foreign Tax Credit would indeed help offset taxes on the Canadian income if they filed jointly, but there are limitations. The credit only applies to the US tax on the foreign income, not the entire US tax bill. Since Canadian tax rates are typically higher than US rates, it would help, but you'd still have the compliance burden of reporting worldwide income, foreign account disclosures (FBAR, Form 8938), and potentially other complex international forms. The simplicity of MFS often outweighs the potential benefits of MFJ in these situations.

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AstroAlpha

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I was in exactly the same situation last year with my husband working in the UK while I was in the US. I spent hours trying to figure out the best approach and ended up totally confused with all the forms and rules about foreign income. I discovered this service called taxr.ai (https://taxr.ai) that specializes in analyzing international tax situations. I uploaded my documents and my husband's UK tax info, and they compared both filing statuses with actual numbers. They even factored in things like the Foreign Earned Income Exclusion and Foreign Tax Credits that my regular tax preparer missed. For us, it turned out filing separately was better by about $2,300, which was the opposite of what I initially thought. The analysis showed why - it had to do with the tax treaty between US and UK and how our specific income types were treated.

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Yara Khoury

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How does this service work exactly? Is it just software or do actual people review your documents? My wife works in Germany and I'm trying to figure out if we should file jointly or separately too.

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Keisha Taylor

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I'm skeptical about these online services. Did they explain how they handled the foreign tax credit calculation? I've heard horror stories about tax preparers messing up international situations and people getting audited.

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AstroAlpha

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It's kind of a hybrid system. The AI analyzes your documents, tax forms, and statements, then shows you the optimal filing strategy. They have tax professionals who verify the AI results for complicated cases like international filing. For the foreign tax credit calculations, they actually explained it all in detail. They showed how much of the foreign taxes could be credited against US tax obligations and how much couldn't be used due to limitations. They took into account the specific US-UK tax treaty provisions that applied to our situation. What surprised me was how different income types (like my husband's pension contributions) were treated differently under the two filing statuses.

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Yara Khoury

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I actually tried taxr.ai after seeing the recommendation here, and it was incredibly helpful for my US/Germany situation. I uploaded my W-2 and my wife's German equivalent (Lohnsteuerbescheinigung), and the analysis showed we'd save about $1,800 filing separately. What I found most valuable was the explanation of how the US-Germany tax treaty affected our specific situation. The system pointed out that my wife's German social contributions would be handled differently depending on filing status. Also learned that because we own property in Germany, filing jointly would require additional foreign asset reporting forms. The service confirmed what OP's tax preparer suggested - in most cases with foreign-working spouses, filing separately often works out better. The detailed breakdown helped me understand WHY instead of just taking someone's word for it.

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Paolo Longo

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I've been dealing with US/Canada cross-border tax issues for years. One thing nobody's mentioned yet is how frustrating it is to get through to the IRS when you have questions about international filing. I spent WEEKS trying to reach someone who understood non-resident spouse questions. I finally used Claimyr (https://claimyr.com) to get through to a real IRS agent. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c. They basically hold your place in the IRS phone queue and call you when an agent is about to answer. Saved me hours of listening to hold music. The agent confirmed what others have said - for US/Canada situations, Married Filing Separately is usually better unless the Canadian spouse has very little income or you have specific deductions/credits only available when filing jointly.

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Amina Bah

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Wait, this sounds too good to be true. The IRS phone system is notoriously awful. How is this service able to get around that?

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Oliver Becker

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I don't buy it. No way this actually works. The IRS phone system is designed to be impossible. If this worked, everyone would use it and the IRS would shut it down.

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Paolo Longo

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It's not getting around anything - they're just using technology to wait in the queue for you. They have a system that dials and stays on hold, then calls you when a human finally answers. It's basically like having someone else wait on hold for you. The service isn't doing anything underhanded - they're just making the process more efficient. Think of it like using a grocery delivery service instead of going to the store yourself. Same result, just saving you the time and hassle.

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Oliver Becker

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I have to admit I was completely wrong about Claimyr. After being skeptical, I tried it when I needed to ask about my foreign spouse's income reporting requirements for our situation. I was expecting it to be a scam or not work as advertised. Not only did I get through to the IRS (after Claimyr waited on hold for 2+ hours for me), but I got connected to someone in their international tax department who actually understood non-resident spouse rules. They confirmed that for my situation (US citizen with spouse in Japan), filing separately was more advantageous AND simpler. The agent walked me through exactly what forms I'd need and what supporting documentation to include with my paper return. Saved me from what would have been a costly mistake - I was about to file jointly which would have unnecessarily subjected my wife's Japanese income to US taxation.

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CosmicCowboy

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Something no one's mentioned yet: if you DO decide to file jointly and include your Canadian spouse, remember she'll need an ITIN (Individual Taxpayer Identification Number) since she's not eligible for a Social Security Number. Getting an ITIN can be a pain - you'll need to submit Form W-7 with proper documentation. Also, consider this: does your spouse have any investments in Canada? RRSPs or TFSAs? These can create additional reporting headaches if you file jointly, including potential FBAR and FATCA requirements.

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Miguel Diaz

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Thanks for bringing this up - I actually forgot to mention that my wife does have a TFSA (Tax-Free Savings Account) in Canada with about 20K in it. Would that really complicate things if we filed jointly? She also has a small retirement account through her employer.

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CosmicCowboy

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Yes, that would definitely add complications if you file jointly. With MFJ, you'd need to report those accounts on a Foreign Bank Account Report (FBAR) if the combined value of all foreign accounts exceeds $10,000 at any point during the year. You might also need to file Form 8938 depending on the total value. The bigger issue is that the US doesn't recognize the tax-free status of Canadian TFSAs the same way Canada does. If filing jointly, the earnings in her TFSA could be considered taxable income in the US, which defeats the whole purpose of that account from a Canadian perspective. This is one of those quirks of international taxation that often makes filing separately more advantageous.

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Has anyone had experience with the "year of arrival" elections? My understanding is that in the first year you're married to a nonresident alien, there are special rules that might let you file jointly under certain circumstances, even if your spouse doesn't have a green card or isn't a resident alien yet.

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Zainab Ahmed

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Yes, there's a provision called "first-year choice" or "nonresident spouse treated as resident" election. It allows you to treat a nonresident alien spouse as a US resident for tax purposes, which enables joint filing. However, it comes with a major caveat: your spouse must agree to be taxed on worldwide income, not just US source income. This means ALL of their foreign income becomes subject to US taxation.

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