Tax Filing as Single or Married

[Mark and Ivy 0]

You can't e-file if your spouse doesn't have a SSN.

[Scott and Mhay 57]

Yep true...I ended up filing head of household....I was divorced this year too and have a daughter that qualifies me. I will just file an ammendment when my wife gets her SSN.

[Used to be broken 143]

You can't e-file if your spouse doesn't have a SSN.

You can file E-file if you spouse doesn't have a SSN and they do have an ITN. Got my refund check already. But thanks for playing

Also if your spouse is not a resident alien you will not get any stimulus checks or rebates.

[Cindo and Joe 0]

Hello Soza,

I am in the exact same boat as you, I got married in September 2009 and I filed married filing jointly. Even if you got married at 11:59p.m. On December 31st 2009 you can no longer file single according to the IRS. At first I went to H&R block and they told me to file single it sounded wrong to me so I did lots of research and found out that they are wrong (“IRS publication 519”). I actually filed a complaint with IRS about H&R block and had a major issue trying to get my filing fees refunded and ended up suing H&R block.

You have 3 options to file your return:

- Married filing separately – the easy option not much work and when they ask for wife’s SSN# you just write Non-resident alien “NRA” and you don’t need to do a W-7. You can get your refund faster and e-file.

- Married filing jointly – I recommend this since you will get more money back or if you owe you will owe less money or even get money back now. This option is nice since your wife doesn’t work because now your total income for the both of you will be just your income and if there was any deduction that you did not qualify because you made too much money now you can because you limit just doubled. For examples if you are single and make over 70K and you have student loan the interest it is not deductable, but with the MFJ option the limit 145K so now you can deduct it. Also thanks to the “make work pay tax credit” you are going to get $400 and another $400 for your wife this option.

This does require more work. You have to fill out a form W-7 and send you return and the W-7 form to the Austin, Texas address wait about 6 weeks for them to give your wife an ITIN number and then wait another 4 weeks for IRS to issue your refund and another 2 weeks for the check to come. You can’t e-file and you have to send in proof, an authentication copy by the U.S. embassy, of you wife’s passport. Personally I think this is also a good thing to have to use as proof at the interview.

- Head of Household – you can only do this if you have other dependent, kids, parents, brother, sister, ect…

Also on a personal note to everybody: Don’t use H&R block use their software or other programs. H&R block charged me $321 to file my return and in the end refuse to file my return because I wanted to go against their advice and file MFJ. I used TurboTax online $115 same amount of refund and I filed MFJ.

I am in the same situation,and will be taking your advice to file jointly. However, I will be filing for an extension (form 4868) for April 15th, and will be providing W-7 when I finally have everything ready.

Does my foreign spouse need to file a form 4868 as well? Or is that only for me to do at this moment?

It states: ITIN not needed for Forms 4868, 1040-ES, or 1040-ES (NR).

If you are filing an application for an extension of time to file using Form 4868, or making an estimated tax payment using Form 1040-ES or Form 1040-ES (NR), do not file Form W-7 with those forms. Enter “ITIN TO BE REQUESTED” wherever your SSN or ITIN is requested. An ITIN will be issued only after you file a tax return and meet all other requirements.

[Scott and Mhay 57]

from what i have read and talking to the IRS...yes you have to file an extension for your wife too... That is why i just decided to file and amend later.

I guess i could have paper filed the 4868 for my wife, but i wanted to e-file and of course turbotax wouldnt allow that without at least an ITIN.

Edited April 12, 2010 by Scott and Mhay

[Mark and Ivy 0]

You can file E-file if you spouse doesn't have a SSN and they do have an ITN. Got my refund check already. But thanks for playing

Also if your spouse is not a resident alien you will not get any stimulus checks or rebates.

Thanks for playing? Nobody is playing here tough guy.

There was a post that said something about e-filing without having a SSN. Now it is gone.

Maybe I should have elaborated more, but I was simply saying this late in the game, you can't e-file without a SSN. The form won't let you.

ITN is another story.

If I or someone is incorrect or missing some information, then just bring it up.

We are trying to help each other get the correct information. Not trying to look cool with smart #### replies.

[Cindo and Joe 0]

from what i have read and talking to the IRS...yes you have to file an extension for your wife too... That is why i just decided to file and amend later.

I guess i could have paper filed the 4868 for my wife, but i wanted to e-file and of course turbotax wouldnt allow that without at least an ITIN.

This is a nightmare.

I want to file married jointly, however file an extension- but turboTax is forcing an EXTRA $400 "make work pay" credit, when i'm pretty sure she is ineligible for this. (she doesn't have an ITIN or SSN yet) I now have an incorrect amount that I need to pay the IRS.

Also I'm guessing for Form 4868 for my wife, she should just put $0 since all of her money is foreign earned income?

Edited April 12, 2010 by Cindo and Joe

[Used to be broken 143]

You can't e-file if your spouse doesn't have a SSN.

Thanks for playing? Nobody is playing here tough guy.

There was a post that said something about e-filing without having a SSN. Now it is gone.

Maybe I should have elaborated more, but I was simply saying this late in the game, you can't e-file without a SSN. The form won't let you. ITN is another story.

If I or someone is incorrect or missing some information, then just bring it up.

We are trying to help each other get the correct information. Not trying to look cool with smart #### replies.

Who said I was a guy? I am hardly tough... and now you are saying I don't look cool?

I spent a lot of money on these shades.

I was trying to too, try not to take me so seriously

[Scott and Mhay 57]

This is a nightmare.

I want to file married jointly, however file an extension- but turboTax is forcing an EXTRA $400 "make work pay" credit, when i'm pretty sure she is ineligible for this. (she doesn't have an ITIN or SSN yet) I now have an incorrect amount that I need to pay the IRS.

Also I'm guessing for Form 4868 for my wife, she should just put $0 since all of her money is foreign earned income?

If you want to file jointly, you have to report her foreign income. For me it works out good since my wife didnt work... It was getting late in the game and I just decided to file...turbotax said I should file head of household.

[Cheyemo 8]

Anybody heard of or used the 6013(g) exemption? I'm in the same boat as you all and since my husband's income last year was minimal, they suggested this.

Sorry, that should be 6013(g) election not exemption!