CDN Resident married to UK resident - filing taxes while living temp in UK.

[extrahotsoylatte]

I am a Canadian Resident who married a UK resident in 2010. We are both currently living in the UK but only plan on being here for a couple years. My husband has no ties to Canada and has not yet filed for a Canadian Visa. I am working here on an ancestory visa. For this reason, I have decided to maintain my residency in Canada as I own property and have other ties there. I did not earn any UK income in 2010 either.

I am wondering if filing my 2010 taxes as 'single' is allowed. Similar to other posts, my husband does not have a SIN number and any income he has made in 2010 is in the UK and taxes paid to the UK government.

If I claim married status on my taxes, can this affect my husband's taxes in anyway? I am wondering if we are married, if the Canadian government can make him pay 'global taxes', and/or how this can affect him. Similar to other posts, what do you do in this type of situation.

I am hoping someone else has gone through this and has the proper advice.

Thank you,

 

[toby]

Jonboy is knowledgeable about UK-Canada tax issues.

I expect that your husband is not taxable in Canada on his global income. Although he is married to you, a Canadian resident, you are not physically present in Canada. And he has no other ties to Canada – as you point out.

But wait for Jonboy’s verdict before rejoicing.

 

[Jonboy]

I think Toby has this right. I am struggling to think of a set of circumstances where you become a tax resident of Canada without setting foot in the country.

You file your 2010 return as a married person, because you are. However, you can't claim the dependent spouse's tax credit as he has UK income.