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Posted by parrisbraeside@yahoo.ca on February 2, 2007, 1:32 am
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>>> I am about to do my taxes for the first time in 10 years as
>>> i rentered the work force in 2006 and i look on couple of
>>> questions that i can't answer.
>>>
>>> (1) my husband doesn't have a SS#. i am american and he is
>>> canadian and we just started the immigration
>>> thing . We have been married 4 Years 6 months and i know i have
>>> to file married. so my question is what do i put in the
>>> space for my spouse's SS#? and how do i file married
>>> separate/joint? He has No income .
>>>
>>> (2) My husband hasn't filed Canadian taxes since he was
>>> Audited in 2000 by Revenue Canada
>>> , I know that when he Moved here in Feb of 2002 he left a
>>> debt of $1200
>>> , but he keeps saying that since he dosn't have ties to
>>> Canada , EG: no address ,no job , No bank acct , No drivers
>>> LLC , Passport was suspened
>>> ' and he lives in the US with me he has no oblication to
>>> Canada any more. I am wondering will his taxes or lack of
>>> come up on my tax return or is he and I ok since he has no
>>> Income ?
>>>
>>> (3) Also last year my father passed away leaving a House it
>>> was appraised at $20,000 by the city on tax assement. My
>>> sister and i sold it last year and split the profits. We
>>> only sold it for less that market value of only $6000 plus
>>> had to pay taxs out of the money how or do i claim the money
>>> at all because that was my inhiertance i guess.
>> For filing, it would be advantage to file as married filing
>> joint. I believe you need to attach a W7 to the return. file
>> early since the W7 needs to be processed first.
>>
>> Canadian Return obligation: Contrary to your husband's
>> stance, he does have some Canadia Income Tax obligation. he
>> needs to file until and including the year he left Canada.
>> He has no obligations now as all ties are cut. As for that
>> coming up on your return, it shouldn't since the US
>> Government does not care if you Cover foreign countries
>> obligation. BUT they do share info with the foreign
>> government.
>>
>> If he did not earn anything in those years, his obligation
>> will be nil and he may even be owed some money.
[>
>> As for the sale of the house, l'll leave that to US
>> Specialists but I think the basis is too low.
> I was under the impression that Tax debts in Canada Follow
> the rule of Stats barred, based on a Spreme court ruleing in
> 2003. The Satute of limitations apply so it would be six
> years. Plus if he applys for PR statuts here, wouldnt he be
> issued an American SS# with no ties to his old Canadian #.
> so there would be no record of his tax bill.
The Supreme Court Ruling of Statue Barred Debts has
typically been misunderstood.
It does not say that debts are waived after 6 years. It says
that debts are waived after 6 years of non-collection
action. If collection action occurs and the debtor isn't
aware of it, the debts remain. Also, the debtor may
incorrectly make a statement after the debts are waived
rendering the debts active again. Basically, he can say
"Yes, I am aware of that." That can be interpreted by the
courts of acknowledgment of the debt and thereby the debtor,
in the extreme, be required to pay by the courts.
Also, the debt was active as of 4 years ago so is not statue
barred by any imagination.
The American SSN isn't issued without ties to his Canadian
records. The US Government has no interest and isn't willing
to collect the debts of another country on a resident of its
country. However, tax records are shared and collection may
be pursued in the United States for a debt incurred. That is
a concern.
Tim Parris
Canadian and US Taxes
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