MFJ as a NRA

[SigmaLa 0]

Hi, i have 2 questions regarding my understanding of the process to file MFJ as a NRA. We are currently in the middle of the CR1 Visa and got married in 2015. Right now I am a NRA and have income in Germany.

1. To apply for an ITIN I need to send the W7 and a certified copy of my passport? It also mentions a tax return, since I need the ITIN to file taxes, this seems counter intuitive.
2. I payed income tax on my german income, so its no longer subjected to the federal income tax?

Thank you in advance.

[Russ&Caro 1,548]

Some VJ'ers have filed the W7 along with the 2015 1040. In the place of the SSN spot on the form they put in block letters NRA. The hope is that the IRS issues the refund along with a new ITIN. If the IRS does not issue an ITIN immediately then they will issue a refund based on MFS status. In order to collect the difference in refund btwn MFS and MFJ, you will have to file an amended return once you receive an ITIN or SSN.

You have to declare your income from Germany along with the 1040. However, something like the first $90,000 to $100,000 of your German income is exempt from Federal Income Tax.

Note: I believe you cannot file electronically without an ITIN or SSN for your spouse. I filed mine last year, manually, through the mail, while waiting for my wife's SSN. I also filed an amended return after we received the SSN which was fairly easy to do.

[Nich-Nick 3,353]

Hi, i have 2 questions regarding my understanding of the process to file MFJ as a NRA. We are currently in the middle of the CR1 Visa and got married in 2015. Right now I am a NRA and have income in Germany.

• To apply for an ITIN I need to send the W7 and a certified copy of my passport? It also mentions a tax return, since I need the ITIN to file taxes, this seems counter intuitive.
• I payed income tax on my german income, so its no longer subjected to the federal income tax?

Thank you in advance.

The correct way--

You submit the ITIN application, with the required identity documentation, and the completed and signed (by both of you) tax return to a special filing location in Austin that processes ITINs. They will process the ITIN first, add it to the tax return sent with it, then process the tax return.

Read it from the IRS

https://www.irs.gov/Individuals/General-ITIN-Information

https://www.irs.gov/Individuals/Additional-ITIN-Information

Instructions for the ITIN application. https://www.irs.gov/pub/irs-pdf/iw7.pdf

[SigmaLa 0]

Hi we are trying to file taxes with Turbotax but its seems that Turbotax also claims taxes on my german income, I declared it as foreign earned income inside the software, does anyone did this before?

[MariaR323 199]

Hi we are trying to file taxes with Turbotax but its seems that Turbotax also claims taxes on my german income, I declared it as foreign earned income inside the software, does anyone did this before?

You say you declared the German income as foreign earned income, which is correct, but are you also claiming the foreign earned income exclusion to avoid the additional tax? Look for Form 2555 to apply the exclusion.

[Nich-Nick 3,353]

Hi we are trying to file taxes with Turbotax but its seems that Turbotax also claims taxes on my german income, I declared it as foreign earned income inside the software, does anyone did this before?

TurboTax handles it all under "Less Common Income" heading.