US Citizen Married to Canadian – Eligible for the Streamlined Tax Program?

Question

Dear Mr. Hogan,

I have been a Canadian citizen since 1979, am married to a Canadian, reside in Canada, and have been filing my Canadian taxes annually in Canada. As a Canadian citizen, am I still required to file taxes in the US when I have had virtually no income from US sources since 1976 and am now retired? If so, do I qualify for the streamlined procedures for US citizens living in Canada? (I have never renounced my American citizenship.)

I am attaching my Canadian tax returns for the past 6 years. Please advise how much it would cost for you to prepare the US returns if I must file, what other information you would require and if there would be taxes owing or interest or penalties involved.

Answer

Hi XXXXXX

Thank you for your email. You are correct, although you do not have any U.S. source income you are still required to file U.S. tax returns while living in Canada. The good news is that the IRS has continued to administer the Streamline Tax Filing Program for delinquent filers. For those that can attest that they have been out of the US for at least 330 days in one of the last 3 years they should be eligible to file under the program.

Once eligible you would be required to file 3 years of the last 1040 income tax returns (along with all related and required forms and schedules) along with the last 6 year of FBAR forms (foreign bank account reporting forms).

I would be glad to help you in filing your streamlined tax returns. Please call me at 250-381-2400 and we’ll discuss your situation in more detail.

Regards

Phil

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