To Apply for ITIN or not?

[Marie & Tom 2]

Hey everyone!

I've been getting ready to file my taxes for 2015 and am getting a little confused about the ITIN for my husband.

My husband did not work at all in 2015 while he was living in Ireland or while he's been here in the states. We were planning to file as Married Filing Jointly. He does not have his SSN.

Since he has no work history for 2015, and he's only being included as he's my husband, do we need to file for an ITIN with our taxes, or can I file without it? (Trying to get it ASAP as we really need the money, but I know ITIN takes up to 12 weeks or more).

Thanks! And sorry if it's been asked already!

[Frankjavir 55]

Hey everyone!

I've been getting ready to file my taxes for 2015 and am getting a little confused about the ITIN for my husband.

My husband did not work at all in 2015 while he was living in Ireland or while he's been here in the states. We were planning to file as Married Filing Jointly. He does not have his SSN.

Since he has no work history for 2015, and he's only being included as he's my husband, do we need to file for an ITIN with our taxes, or can I file without it? (Trying to get it ASAP as we really need the money, but I know ITIN takes up to 12 weeks or more).

Thanks! And sorry if it's been asked already!

You do not have to obtain an ITIN.

You can file MFS, write his name where it belongs on page 1 of 1040 and type NRA on his SSN field.

or you can do this, which it entitles you to claim his tax exemption:

http://www.visajourney.com/forums/topic/583970-case-complete-to-interview-march-2016/?p=7996153

You can not file electronically either way.

[Marie & Tom 2]

Oh my gosh, thank you so so much!

[newacct 688]

Note that the tax rates for Married Filing Separately are a lot worse than for Married Filing Jointly.

[Dave&Roza 748]

Hey everyone!

I've been getting ready to file my taxes for 2015 and am getting a little confused about the ITIN for my husband.

My husband did not work at all in 2015 while he was living in Ireland or while he's been here in the states. We were planning to file as Married Filing Jointly. He does not have his SSN.

Since he has no work history for 2015, and he's only being included as he's my husband, do we need to file for an ITIN with our taxes, or can I file without it? (Trying to get it ASAP as we really need the money, but I know ITIN takes up to 12 weeks or more).

Thanks! And sorry if it's been asked already!

Can you get him a SSN? EAD card? GC? more than two weeks left on the I-94? If not, get his SSN as soon as you are able. Should April 18th gets close, file for an extension to give you until October 15th to file your taxes. Make certain you are either getting a refund or pay the taxes you owe. The reason I suggest this is that MFJ with him not working will be better tax wise than MFS. Filing for an ITIN is really only for those that are not eligible for a SSN--your husband is eligible for a SSN and therefore should not apply for an ITIN. Too many people seem to be afraid of filing an extension, but the IRS allows for this so why not take advantage of the system for your benefit? If he was not in the US long enough to be considered a resident for TAX purposes, you can both sign a statement stating he wants to be considered as a LPR for TAX purposes, but you will need to file a paper return.

Dave

[Marie & Tom 2]

Can you get him a SSN? EAD card? GC? more than two weeks left on the I-94? If not, get his SSN as soon as you are able. Should April 18th gets close, file for an extension to give you until October 15th to file your taxes. Make certain you are either getting a refund or pay the taxes you owe. The reason I suggest this is that MFJ with him not working will be better tax wise than MFS. Filing for an ITIN is really only for those that are not eligible for a SSN--your husband is eligible for a SSN and therefore should not apply for an ITIN. Too many people seem to be afraid of filing an extension, but the IRS allows for this so why not take advantage of the system for your benefit? If he was not in the US long enough to be considered a resident for TAX purposes, you can both sign a statement stating he wants to be considered as a LPR for TAX purposes, but you will need to file a paper return.

Dave

We can't get him a SSN at the moment because the I-94 is expired and we haven't received the EAD yet. He's only had his biometrics done. We're hoping, based on the averages listed on this site, that he should receive the EAD within the next month (fingers crossed).

I'm not familiar with the LPR. What is that? Is he supposed to be here for a certain amount of time? I was told that as long as we were married between Jan 1st 2015 and Dec 31st 2015, we can file as married.

[MariaR323 199]

The easiest, fastest, and if you need the money option you have is this:

Wait for the EAD card, get his SSN and file MFJ choosing to treat him as a U.S. resident for tax purposes for the entire year 2015. This generally gives you the best and most beneficial filing status = usually a higher refund.