FOREIGN SPOUSE
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
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i need your answer…
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I think you can file single an when she obtains her SSN, you can amend the status to MFJ.
Please supply views..
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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 HouseholdAs 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.0 -
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.0 -
@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.0 -
Hi, is it legally acceptable by the IRS to use a dummy ITIN and then white it out when filing a paper return? Or would you recommend entering the “999-89-0000” placeholder on Form 1040, assuming the IRS will recognize it as temporary/dummy and instead rely on the attached W-7 that indicates an ITIN application is being submitted?
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Hi TheGame,
Yes, that's exactly right. You can leave 999-89-0000 on the Form 1040 as-is when you mail it to the IRS. There's no need to white it out or leave the field blank. The IRS will recognize it as a placeholder when they see the attached W-7 and process the ITIN application alongside your return.0 -
Hi,
I am resident and my spouse is non-resident. My spouse is student and having no income world wide. I have filed MFJ return last year after obtaining ITIN and electing to treat my non resident spouse as resident for 2024.
So, in 2024
Federal —> 1040
California —> 540NR (as per 1031 publication if one spouse is resident and another is non resident, MFJ return need to be filed as Non resident and hence 540NR)
For 2025, my spouse is still non resident of California. I want to use FreeTaxUSA. Can I use it ?0 -
Hello,
Yes, you may. When you get to the CA return, you may select Nonresident.0
