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Here's my question:
My same-sex partner (soon to be spouse) and I have our official residences on opposite sides of the border, his in the U.S. and mine in Canada. I am retired with no taxable income (i.e. I'm his dependent) and he works with a good income.
In the U.S. we are considered strangers to each other and there are no tax consequences.
My question refers to Canadian tax laws. Because my tax home is in Canada, is it necessary for us to file a joint return in Canada to report his U.S. income, even though he does not live or work in Canada?
Thank you,
FXXXXXX
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david ingram replies
Your partner has no tax responsibilities to Canada even though you will be married in Canada. What "you" both will need is border crossing kits showing where you live, that you have no intention of trying to live in the other's country. Yours should have a copy of your lease or condo or home ownership, a copy of your listing in the phone book, copies of your pension or other income payments, copies of your Canadian Income Tax returns and copies of some hydro (Terasun) bills, etc. Other things like Roigers video cards, Library cards, and club membership cards in Canada are also of benefit.
Your partner's should have all of the above except that his would have copies of his US income tax returns.
If and when, the US recognizes same sex marital status, the two of you will be able to file a Joint US return even if you do not live in the US.
Except for the same sex issue, your situation is not unusual. Over the 40 years we have been in business, we have had hundreds of heterosexual couples where one partner lives in Canada and the other lives in the US or Great britain, or New Zealand, etc., etc.
Hope this helps. I have added your name to our US / Canada newsletter list.
David Ingram of the CEN-TA REALTY Group
US / Canada / Mexico tax and working Visa Specialists
US / Canada Real Estate Specialists
108-100 Park Royal South
West Vancouver, BC, CANADA, V7T 1A2
(604) 980-0321 - Fax 913-9123 [email protected]
www.centa.com www.david-ingram.com
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