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American student wife married to Canadian wants to know

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From: "XXXXX XXXXXX" 
To: <[email protected]>
Sent: Thursday, April 03, 2003 9:31 AM
Subject: FW: Questions for your accountant
George can you please give me a call at (204) XXX-XXXX.  I am married now and  she needs to get a few things sorted out before she files.
DXXXXX
 -----Original Message-----
 From: JXXXXXXX 
 Sent: March 31, 2003 4:29 PM
To: XXXXXXX XXXXXXX
Subject: Questions for your accountant
 I need to know the following for me to file my US Income Tax (Due April 15)
DXXXXX, sometime this week can you call your accountant and ask him this stuff?
1. I have income from property I own in North Dakota that nets only about  $2100.00.
 I need to File North Dakota State Tax
 The taxable amount is calculated on the unadjusted gross income on the  Federal Form 1040. Do I need to File the federal form, or can I just fill it out to include with my ND tax form?
 2. What category do I file under?
 I'm not Single, so I can't use that.
 I can't use Married Filing Jointly, because you don't have to file a  US tax  form.
I guess I need to use Married Filing Separately
But what do I put under Spouse? DXXXX XXXXXX  (non  resident alien)?
3. Does my (small) US income need to be reported to Canada?  I have no Canadian income, and I am a full time student. 
I think XXXXXXXX is reporting me as a dependent on his Canadian Tax return. Does he have to list my US Income?
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david ingram replies to husband.  
Your wife should file a 1040 as married filing separately.
She would fill out a schedule E to report the rental income.
She would then Fill out a North Dakota  ND-2 with a Schedule 3 as a Non-resident and attach a copy of the 1040 to the ND-2.
She then converts the US dollars to Canadian and her husband uses that as her net income for the purposes of claiming her as a deduction.
Good Luck..
david
David Ingram of the CEN-TA Group
US / Canada / Mexico tax and working Visa Specialists
108-100 Park Royal South
West Vancouver, BC, CANADA, V7T 1A2
(604) 913-9133 - Fax 913-9123 [email protected]
www.centa.com www.david-ingram.com
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