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Donevor
Returning Member

Common Law with a US Citizen

My husband (Canadian Citizen) and I (US Citizen) have established common law as of May 2019.  We have not begun my Permanent Residency Application just yet so I don't have a SIN or temporary SIN, but I'm here in Canada legally on an extended visitor Visa.  In the US I've been told that our common law marriage isn't recognized so I file my state taxes as single and have done so already as I'm required to even abroad.  Do I have to file Canadian taxes as well?  Does this mean my husband and I file together?  Or do we file seperate?  Does he claim me as a dependent since he pays for everything for me?  I have not worked at all in 2019 as I legally can't work in Canada on my current Visa.  Thanks for all the help!  

1 Reply

Common Law with a US Citizen

Basically, if you aren’t claiming any credits, and don’t have to pay any taxes, you don’t need to file a return. The CRA has a full list here of when it is required to submit a return in Canada: https://www.canada.ca/en/revenue-agency/services/tax/individuals/topics/about-your-tax-return/you-ha...

 

If you are still not sure if you need to submit a return, or you do need to send in a return and need a SIN, you can call the Canada Revenue Agency (CRA) at 1-800-959-8281.

 

If you don’t need to submit a return, then your husband would prepare just his own return (separate), though he can still choose “Common Law” and include info about you as his spouse.