Instructions for filing taxes with spouse outside of the country

[Val and Gary 29]

I have noticed conflicting advice with regard to filing taxes whilst the spouse of a USA citizen is out of the country. This is the procedure we used. It is recommended that once married, for maximum financial benefit, the spouses file as married, filing jointly. The foreign spouse does NOT need to be in the USA in order to do this.

Firstly, it is impossible to e-file, as e-filers need SSN's for both spouses. As the non USA spouse will not have an SSN, it is necessary to apply for an ITIN number.

The procedure is as follows:

Download IRS form W7, and the instructions from the IRS website.

http://www.irs.gov/pub/irs-pdf/fw7.pdf

http://www.irs.gov/pub/irs-pdf/iw7.pdf

The foreign spouse must complete the form, sign it and send it to the USA spouse complete with a notarized copy of their passport.

On receipt, the USA resident has to file taxes by mail. I highly recommend Turbo Tax 2010, as this program allows a the IRS tax returns to be easily printed and filed. As stated above, you can NOT use the e-file feature, you print the tax return the old fashioned way.

http://turbotax.intuit.com/

Once you have completed (married, filing jointly) and printed the return, gather your supporting documents, attach your foreign spouses completed W7 form to the front, and mail to:

Internal Revenue Service

ITIN Operation

P.O. Box 149342

Austin, TX 78714-9342

You must do this before April 17th 2011. Once this is received, an ITIN number will be issued, and the tax form processed. You should get your refund in around 8 weeks, as it takes 6 weeks to get the ITIN number allocated.

That's all there is to it.

[CarlosAndSveta 808]

Good post. "Me and my wife" needs to pay attention to what you've just posted.

[XXXXXXYYYY 1]

I have noticed conflicting advice with regard to filing taxes whilst the spouse of a USA citizen is out of the country. This is the procedure we used. It is recommended that once married, for maximum financial benefit, the spouses file as married, filing jointly. The foreign spouse does NOT need to be in the USA in order to do this.

Firstly, it is impossible to e-file, as e-filers need SSN's for both spouses. As the non USA spouse will not have an SSN, it is necessary to apply for an ITIN number.

The procedure is as follows:

Download IRS form W7, and the instructions from the IRS website.

http://www.irs.gov/pub/irs-pdf/fw7.pdf

http://www.irs.gov/pub/irs-pdf/iw7.pdf

The foreign spouse must complete the form, sign it and send it to the USA spouse complete with a notarized copy of their passport.

On receipt, the USA resident has to file taxes by mail. I highly recommend Turbo Tax 2010, as this program allows a the IRS tax returns to be easily printed and filed. As stated above, you can NOT use the e-file feature, you print the tax return the old fashioned way.

http://turbotax.intuit.com/

Once you have completed (married, filing jointly) and printed the return, gather your supporting documents, attach your foreign spouses completed W7 form to the front, and mail to:

Internal Revenue Service

ITIN Operation

P.O. Box 149342

Austin, TX 78714-9342

You must do this before April 17th 2011. Once this is received, an ITIN number will be issued, and the tax form processed. You should get your refund in around 8 weeks, as it takes 6 weeks to get the ITIN number allocated.

That's all there is to it.

This is a wonderful post with a GREAT explanation!!

I do have another question... Do you have to get your spouse an ITN? For us...that is such a huge process, and expensive for my husband to mail me those forms..AND it would take forever... (from Nepal) Is it possible to file without this?

Thanks!

[dan_ling 6]

This is a wonderful post with a GREAT explanation!!

I do have another question... Do you have to get your spouse an ITN? For us...that is such a huge process, and expensive for my husband to mail me those forms..AND it would take forever... (from Nepal) Is it possible to file without this?

Thanks!

You can file "Married Filing Seperately" and this does not require the spouses SSN# or signature but there is a considerable difference in the amount you would get back if any. Then when spouse is in the US and has SSN# you can file a 2010 amendment changing to "Married Filing Jointly". Hope this answers your question.

[XXXXXXYYYY 1]

You can file "Married Filing Seperately" and this does not require the spouses SSN# or signature but there is a considerable difference in the amount you would get back if any. Then when spouse is in the US and has SSN# you can file a 2010 amendment changing to "Married Filing Jointly". Hope this answers your question.

Thank you! it really does..

I just tried to do that on Turbo Tax... and they are requiring a SS# as well to file separately..

Ugh...

[Val and Gary 29]

Thank you! it really does..

I just tried to do that on Turbo Tax... and they are requiring a SS# as well to file separately..

Ugh...

You can proceed on Turbo Tax without the SSN IF you are not electronically filing. You simply leave the foreign spouses SSN blank, and it will warn you, but it allows you to carry on without actually entering it.

I sent my papers off yesterday. Just follow the instructions, and use Turbo Tax 2010 - the actual PC DOWNLOADABLE SOFTWARE, not the website version.

Edited February 6, 2011 by Val and Gary

[Val and Gary 29]

Bouncing up, cos there's lot's of threads on this topic.

[Wayne and Claudia 40]

You do not have to mail the form to Austin. Find a local Acceptance Agent near you, take the form there along with the documents they require and they electronically file for your ITIN.

[tooduhri 0]

I have the SSN but I was not in US for the Tax Year 2010. My wife and I got married in April 2010. Now, 1040 will probably ask how much I made and all that as well right? does anyone know how to deal with this? I earned money and paid taxes in Korea. Furthermore, koreans do not have the W-2s. What documents do we submit to the IRS?

[keysjangle 145]

I'm going over the w-7 now, and I have a question about my husband using my passport as my ID.

I would not send my original, so a notarized copy is my option. I would do this when applying for my new passport in my married name this coming week (or at least find out how to get copies notarized by them) - SO. my question: do I need to copy ALL pages of my passport, or just biographic data page?

[Val and Gary 29]

I'm going over the w-7 now, and I have a question about my husband using my passport as my ID.

I would not send my original, so a notarized copy is my option. I would do this when applying for my new passport in my married name this coming week (or at least find out how to get copies notarized by them) - SO. my question: do I need to copy ALL pages of my passport, or just biographic data page?

Just copy the biographic page, that is all that is necessary. But it needs apostle or notarising as you state.

Edited February 7, 2011 by Val and Gary

[CarlosAndSveta 808]

I have the SSN but I was not in US for the Tax Year 2010. My wife and I got married in April 2010. Now, 1040 will probably ask how much I made and all that as well right? does anyone know how to deal with this? I earned money and paid taxes in Korea. Furthermore, koreans do not have the W-2s. What documents do we submit to the IRS?

It sounds like you would qualify for the Foreign Earned Income exclusion. I would suggest you read the publication in the link below:

Publication 54 - Tax Guide for U.S. Citizens and Resident Aliens Abroad

The Foreign Earned Income exclusion is discussed starting in page 11 of the publication.

[nvada11 0]

where is the problem to do married filling separately then when she comes to US amand to married filling jointly?

No hasle,quick,and no need of any wifes docs .....

[Nich-Nick 3,353]

I have the SSN but I was not in US for the Tax Year 2010. My wife and I got married in April 2010. Now, 1040 will probably ask how much I made and all that as well right? does anyone know how to deal with this? I earned money and paid taxes in Korea. Furthermore, koreans do not have the W-2s. What documents do we submit to the IRS?

The foreign income is self reported. You convert it to US dollars at the exchange rate of when it was earned. You don't send anything in to document it, but I suggest you make some kind of notes to put in your records on the slim chance you would be audited. In TurboTax it is reported under Less Common Income. It will also walk you through the Form 2555 Foreign Income Exclusion.

I also prefer the version you install on your computer. I buy the 29.99 Basic version and it does all of the above, plus investments, itemized deductions, capital loss carryover, etc. It does keep suggesting I need Premium along the way, but just click "no thanks" and carry on.

[elya4848 3]

I have noticed conflicting advice with regard to filing taxes whilst the spouse of a USA citizen is out of the country. This is the procedure we used. It is recommended that once married, for maximum financial benefit, the spouses file as married, filing jointly. The foreign spouse does NOT need to be in the USA in order to do this.

Firstly, it is impossible to e-file, as e-filers need SSN's for both spouses. As the non USA spouse will not have an SSN, it is necessary to apply for an ITIN number.

The procedure is as follows:

Download IRS form W7, and the instructions from the IRS website.

http://www.irs.gov/pub/irs-pdf/fw7.pdf

http://www.irs.gov/pub/irs-pdf/iw7.pdf

The foreign spouse must complete the form, sign it and send it to the USA spouse complete with a notarized copy of their passport.

On receipt, the USA resident has to file taxes by mail. I highly recommend Turbo Tax 2010, as this program allows a the IRS tax returns to be easily printed and filed. As stated above, you can NOT use the e-file feature, you print the tax return the old fashioned way.

http://turbotax.intuit.com/

Once you have completed (married, filing jointly) and printed the return, gather your supporting documents, attach your foreign spouses completed W7 form to the front, and mail to:

Internal Revenue Service

ITIN Operation

P.O. Box 149342

Austin, TX 78714-9342

You must do this before April 17th 2011. Once this is received, an ITIN number will be issued, and the tax form processed. You should get your refund in around 8 weeks, as it takes 6 weeks to get the ITIN number allocated.

That's all there is to it.

Copies of documents must have an Apostille also.