FOREIGN SPOUSE

Miche
Miche Member Posts: 2 Newcomer
in Filing my taxes

My wife doesn't live in the USA. She has never traveled to the USA, meaning she doesn't have a SSN. Can I file my taxes as a single person?

Answers

  • Miche
    Miche Member Posts: 2 Newcomer
    https://community.freetaxusa.com/discussion/2072/foreign-spouse

    i need your answer…

  • pramomod
    pramomod Member Posts: 2 Newcomer

    I think you can file single an when she obtains her SSN, you can amend the status to MFJ.

    Please supply views..

  • JanaA
    JanaA FreeTaxUSA Agent Posts: 83

    Hello Miche!

    When you are married, you are required to use one of the following filing statuses for tax filing purposes:
    -Married filing, jointly
    -Married filing, separately
    -Head of Household

    As your spouse did not live in the US and is not a US resident, this can complicate the filing process. The IRS says the following:

    "If, at the end of your tax year, you are married and one spouse is a U.S. citizen or a U.S. resident within the meaning of Internal Revenue Code (IRC) section 7701(b)(1)(A) and the other is not, you can choose to treat the nonresident spouse as a U.S. resident for tax purposes."

    This is an election that you can choose. If your spouse does not have an ITIN, you can apply at a social security office or U.S. consulate. You must complete Form SS-5. You must also provide original or certified copies of documents to verify your spouse's age, identity, and citizenship. If your spouse is not eligible to get an SSN, they can file Form W-7 with the IRS to apply for an ITIN.

    Currently we only support return filings with a SSN or ITIN for taxpayers. If you are unable to obtain this information we will be unable to assist you with your tax filing.

    If you and your spouse do not choose to treat the nonresident spouse as a U.S. resident, you may be able to use head of household filing status. To use this status, you must pay more than half the cost of maintaining a household for certain dependents or relatives other than your nonresident spouse.

    For additional information you can view the Nonresident spouse page on the IRS website.

  • dwdrajesh
    dwdrajesh Member Posts: 6 Level 2
    https://community.freetaxusa.com/discussion/comment/4532#Comment_4532

    Hi there, I understand FreeTaxUSA doesn't support filing MFJ if spouse has yet to apply for the ITIN. I am in the same situation and am thinking of doing this:
    - MFJ but put spouse's SSN/ITIN as 123 456 789 which should make the software happy. I will then put all my information until the end and verify myself. Then, for the mode of filing, I will choose paper/mail, and when I get the pdf, I will erase that SSN part and put empty. I will then fill out W-7 and include this with the return to be mailed to IRS. Does this work? I am now at a loss with no option to file, because all softwares say they won't support this but I need to mail it anyway.

  • NeoNap
    NeoNap Member Posts: 1 Newcomer
    https://community.freetaxusa.com/discussion/comment/4541#Comment_4541

    +1 I am in same situation and wanted to do similar. @JanaA can you please confirm if we can use dummy ITIN 123-45-6789 and do paper return along with W7 and required documents?

  • KeriC
    KeriC FreeTaxUSA Agent Posts: 172

    @NeoNap and @dwdrajesh

    Yes, this will work. If you or your spouse don't have an ITIN, you can apply for one while filing your federal income tax return. For now, enter 999-89-0000 for the SSN. If you need more than one dummy SSN, you can use 999-89-0001, etc.

    The software has a FAQ explaining how to do this, as well.

    https://www.freetaxusa.com/answers?faq=11491

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