H1B and tax reporting in Canada

I have been reading some of the posts regarding paying canadian taxes and have another question regarding my situation. As I said previously I am a spouse of a H1B visa holder and have been resident in NY for two years (on H4) so last year we did not file any canadian taxes as we were both out of the country and living full time in NY for the whole of 2009. Now that I am about to return to live in Ontario full time and begin working there will my spouse have to file Canadian taxes again on his US income ? .....or can I file my canadian taxes as an individual and have him do the same in the US for the 2010 tax year and also for the subsequent years to come until such time as our green card application becomes current.

thank you for any information

Sieben 007

First, iwould make sure that you correctly 'departed' canada by filing the proper departure return in 2008. That is the only way CRA would know that you were not to file for 2009.

If you go back yourself, then you can file as a Cdn resident while your spouse would not have to, but he would have to stay out of Canada as much as poosibl: you would visit him, not the other way round.

For US taxes, he would file as a US residenr of course, and you would probably join him on his married filing jointly return, as thiswould result in no US tax on your income, while reducing his US tax on his income.

You should ask any followups on forums.serbinski.com, as that is my preferred tax forum. This here is a travel site.