Individual Taxpayer Identification Number (ITIN)

[Crazy Cat 39,640]

2 hours ago, Farrah Lawson said:

 

We have been told that I can file as "married filing separately" only if both parties itemize. My non-resident alien spouse has nothing to itemize.

I filed separately for 2 years without itemizing..........in addition, a person can itemize with no itemized deductions.

I've given you what I know about taxes.....good luck.

 

Just hire a tax pro.....

 

Missileman out.....

[kris&me 572]

in this case you still can include spouse by filing head of household 

 

If, at the end of your tax year, you are married and one spouse is a U.S. citizen or a resident alien and the other is a nonresident alien, you can choose to treat the nonresident as a U.S. resident. This includes situations in which one of you is a nonresident alien at the beginning of the tax year, but a resident alien at the end of the year, and the other is a nonresident alien at the end of the year.

If you and your nonresident alien spouse do not make the election to treat your nonresident alien spouse as a U.S. resident alien, 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 alien spouse. For more information, see Publication 501, Exemptions, Standard Deduction, and Filing Information.

 

see this IRS page for what to do when you are without the normal SS or ITIN

 

https://www.irs.gov/individuals/international-taxpayers/nonresident-alien-spouse

[arken 4,197]

4 hours ago, Farrah Lawson said:

 

We have been told that I can file as "married filing separately" only if both parties itemize. My non-resident alien spouse has nothing to itemize.

That means you aren’t getting correct information from whoever been telling these things to you. 

 

If you don’t want to go thru the hassle of ITIN, you can just file married filing separately by just putting NRA in place of SSN like the previous poster mentioned.

 

3 hours ago, Farrah Lawson said:

 

We need to find out what what documentation is needed to prove that my non-resident spouse meets an exception to the tax return filing requirement. We are preparing the form W-7 now but we read that IRS requires an income tax return along with the form W-7 and the passport.

You are trying to get ITIN for your spouse for tax filing purpose and you want documentation showing exception for your spouse’s tax filing requirement???

[Farrah Lawson 9]

45 minutes ago, arken said:

That means you aren’t getting correct information from whoever been telling these things to you. 

 

If you don’t want to go thru the hassle of ITIN, you can just file married filing separately by just putting NRA in place of SSN like the previous poster mentioned.

 

You are trying to get ITIN for your spouse for tax filing purpose and you want documentation showing exception for your spouse’s tax filing requirement???

Most posters said that for the ITIN my non-resident alien spouse will need the form W-7 and the passport.

IRS says that it will not issue an ITIN if the applicant does not file "a valid U.S. Federal income tax return" at the same time. This income tax return must be submitted along with the form W-7, application for ITIN and the passport. We don't know what exactly what can my spouse file as income tax return as the income. 

 

All ITIN applications (including those submitted by Acceptance Agents) must have an original valid U.S. Federal income tax return attached to Form W-7. ITINs will not be assigned prior to the taxpayer filing a valid U.S. Federal income tax return (Form 1040, 1040A, 1040EZ, 1040NR, 1040NR-EZ, 1040X), to pay or claim withheld taxes unless an “exception” to the tax return filing requirement is met (see “Exceptions” later in this publication) or you are renewing your ITIN.

 

Generally a U.S. Federal income tax return must accompany the ITIN application, unless the individual meets one of the “exceptions” (see "Exceptions", later) or is renewing an existing ITIN. Caution: Applications for individuals who are applying for a new ITIN as a spouse or a dependent of a primary taxpayer, must attach a valid U.S. Federal income tax return to the Form W-7. ITINs are issued regardless of immigration status because both resident and nonresident aliens may have United States Federal tax filing and payment responsibilities under the Internal Revenue Code.

[Lemonslice 4,585]

"Generally a U.S. Federal income tax return must accompany the ITIN application, unless the individual meets one of the “exceptions” (see "Exceptions", later) or is renewing an existing ITIN. Caution: Applications for individuals who are applying for a new ITIN as a spouse or a dependent of a primary taxpayer, must attach a valid U.S. Federal income tax return to the Form W-7. "

 

the tax return can be yours

[June2018 3]

In 2016, I filed my tax return as "married, jointly" and included an application for ITIN for my spouse. Some 3 or 4 months later IRS sent reply back stating original passport must be included with application OR take application to an Authorized Tax Agent. A few months later when my spouse arrived on visitor visa, I found a tax agent listed on IRS site and we took application and passport to the tax account (agent) showed passport and paid $200 bucks. A few months later got ITIN in the mail. A few months later filled 2017 tax return with new ITIN.... We are filing for AOS next week... Good Luck

[NikLR 13,220]

16 hours ago, Farrah Lawson said:

Most posters said that for the ITIN my non-resident alien spouse will need the form W-7 and the passport.

IRS says that it will not issue an ITIN if the applicant does not file "a valid U.S. Federal income tax return" at the same time. This income tax return must be submitted along with the form W-7, application for ITIN and the passport. We don't know what exactly what can my spouse file as income tax return as the income. 

 

All ITIN applications (including those submitted by Acceptance Agents) must have an original valid U.S. Federal income tax return attached to Form W-7. ITINs will not be assigned prior to the taxpayer filing a valid U.S. Federal income tax return (Form 1040, 1040A, 1040EZ, 1040NR, 1040NR-EZ, 1040X), to pay or claim withheld taxes unless an “exception” to the tax return filing requirement is met (see “Exceptions” later in this publication) or you are renewing your ITIN.

 

Generally a U.S. Federal income tax return must accompany the ITIN application, unless the individual meets one of the “exceptions” (see "Exceptions", later) or is renewing an existing ITIN. Caution: Applications for individuals who are applying for a new ITIN as a spouse or a dependent of a primary taxpayer, must attach a valid U.S. Federal income tax return to the Form W-7. ITINs are issued regardless of immigration status because both resident and nonresident aliens may have United States Federal tax filing and payment responsibilities under the Internal Revenue Code.

NO!  MOST POSTERS SAID YOU MUST AMEND YOUR TAXES TO MARRIED!!!! 

 

So that means filling out a PAPER tax return amendment, and MAILING it in with NRA written in the SSN spot for the spouse.   This is NOT something you can do online or with an online program most of the time.  

 

You do not need an ITIN, however since your I-485 was denied, then so was the EAD so there likely will not be an SSN coming for your spouse so you CAN file for one if you choose. 

 

[Nikolet Kamenov 77]

Hi guys. So i had that same issue in terms of filing and my suggestion to you would be to file an extension. 

I was really unsure what to do because i also wanted to file ITIN however i saw that you cant if you have applies for one so what i did is call the irs to find out what my option are. They told me that i cant file married jointly because i need a social and i cant file married filing separate since we are not separate we live together and you also need a social for that. 

So i called Social Security and they told me that i cant get ITIN because i have applied for a social and that i should go into an office and find out if i can do something.

I went into the office unfortunately the person who i spoke to had no idea what an ITIN was and she had never even heard of it... so i left 

I then called USCIS to find out if they can give an advice and they said that we should file single (which is the worst advice they can give me). I tripled asked her if she was sure and she said yes. I ofcourse did not listen to her and didnt file single.

I called back IRS because i was sooo mad already and they said well just file an extension and wait for the social. That is your best option

So that is my experience and advice on that. 

[NikLR 13,220]

16 minutes ago, Nikolet Kamenov said:

Hi guys. So i had that same issue in terms of filing and my suggestion to you would be to file an extension. 

I was really unsure what to do because i also wanted to file ITIN however i saw that you cant if you have applies for one so what i did is call the irs to find out what my option are. They told me that i cant file married jointly because i need a social and i cant file married filing separate since we are not separate we live together and you also need a social for that. 

So i called Social Security and they told me that i cant get ITIN because i have applied for a social and that i should go into an office and find out if i can do something.

I went into the office unfortunately the person who i spoke to had no idea what an ITIN was and she had never even heard of it... so i left 

I then called USCIS to find out if they can give an advice and they said that we should file single (which is the worst advice they can give me). I tripled asked her if she was sure and she said yes. I ofcourse did not listen to her and didnt file single.

I called back IRS because i was sooo mad already and they said well just file an extension and wait for the social. That is your best option

So that is my experience and advice on that. 

You can filed MFS without an ITIN or social.  It's been explained how to do that.  You can file MFS even if you live with your spouse. 

[Nikolet Kamenov 77]

3 minutes ago, NikLR said:

You can filed MFS without an ITIN or social.  It's been explained how to do that.  You can file MFS even if you live with your spouse. 

Im just sharing my experience and what i have been told by IRS.

[NikLR 13,220]

7 minutes ago, Nikolet Kamenov said:

Im just sharing my experience and what i have been told by IRS.

I understand that.  The IRS phone line is like the USCIS phone line, notoriously erroneous.  I am explaining to you, that what you were told, was incorrect. 

[Farrah Lawson 9]

3 hours ago, NikLR said:

I understand that.  The IRS phone line is like the USCIS phone line, notoriously erroneous.  I am explaining to you, that what you were told, was incorrect. 

People do what they are told by the revenue service of the US Federal Government and afterwards these people (who want to do everything legally, by the book) bear the consequences.

And when the situation is described here, many posters are in a rush to criticize and attack.

[MyJourney 276]

you need to apply for and get ITIN if you wish to get the tax deduction as married, filing jointly. You can get the ITIN in about 4-5 weeks, if you file properly. 

[NikLR 13,220]

1 hour ago, Farrah Lawson said:

People do what they are told by the revenue service of the US Federal Government and afterwards these people (who want to do everything legally, by the book) bear the consequences.

And when the situation is described here, many posters are in a rush to criticize and attack.

No one is attacking.  I did EVERYTHING in my journey legally and by the book.  But instead of calling federal agencies, I did the research myself and read the publications and instructions. Even if someone suggested something here, or elsewhere, I still research it myself.  The first year I was here I had to do taxes in two countries, on paper.  It sucks when you don't have a program to fill everything out for you, but you certainly learn how to do it. 

[Farrah Lawson 9]

1 hour ago, MyJourney said:

you need to apply for and get ITIN if you wish to get the tax deduction as married, filing jointly. You can get the ITIN in about 4-5 weeks, if you file properly. 

Duly noted.

Thank you.