Can my husband apply for ITIN and Power of Attorney for tax purposes from Japan?

[ES0603 9]

I’ve been hearing so much mixed information, I’ve been to 3 different tax preparers, 2 of which advised me to file my taxes as “Single” which I’m VERY concerned about causing a BIG issue when my husband applies for a green card. 
One of them also told me “he can’t get an ITIN unless he’s in the USA, because if they let everyone overseas file for an ITIN everyone would be getting ITIN’s to move to the US!” which is absolute nonsense.

I even spoke with a lady from IRS who said she didn’t know what we could do aside from having my husband come to the US to file a W-7. I don’t know what to do at this point because it’s going to be nearly impossible for him to come back here in time.

 

Has anyone here successfully filed for a W-7 from overseas? If so, please explain.

Also Power of Attorney for tax purposes?

[payxibka 10,045]

2 minutes ago, ES0603 said:

I’ve been hearing so much mixed information, I’ve been to 3 different tax preparers, 2 of which advised me to file my taxes as “Single” which I’m VERY concerned about causing a BIG issue when my husband applies for a green card. 
One of them also told me “he can’t get an ITIN unless he’s in the USA, because if they let everyone overseas file for an ITIN everyone would be getting ITIN’s to move to the US!” which is absolute nonsense.

I even spoke with a lady from IRS who said she didn’t know what we could do aside from having my husband come to the US to file a W-7. I don’t know what to do at this point because it’s going to be nearly impossible for him to come back here in time.

 

Has anyone here successfully filed for a W-7 from overseas? If so, please explain.

Also Power of Attorney for tax purposes?

Try finding an irs acceptance agent in Japan, there are a few 

Edited March 21, 2020 by payxibka

[ES0603 9]

39 minutes ago, payxibka said:

Try finding an irs acceptance agent in Japan, there are a few 

The only ones are on a seperate island in Japan, so he wouldn’t be able to go soon enough.

The tax preparer I talked with said he strongly reccomended not to file as married-filing separately and use NRA but he wouldn’t explain why but this seems like our only option

 

[Wuozopo 4,293]

48 minutes ago, ES0603 said:

I’ve been hearing so much mixed information, I’ve been to 3 different tax preparers, 2 of which advised me to file my taxes as “Single” which I’m VERY concerned about causing a BIG issue when my husband applies for a green card. 
One of them also told me “he can’t get an ITIN unless he’s in the USA, because if they let everyone overseas file for an ITIN everyone would be getting ITIN’s to move to the US!” which is absolute nonsense.

I even spoke with a lady from IRS who said she didn’t know what we could do aside from having my husband come to the US to file a W-7. I don’t know what to do at this point because it’s going to be nearly impossible for him to come back here in time.

 

Has anyone here successfully filed for a W-7 from overseas? If so, please explain.

Also Power of Attorney for tax purposes?

From overseas it is a bit more complicated because his passport photocopy (his ID) has to be certified by an acceptance agent or you have to send in his actual passport. And there are documents that you both must sign which means mailing back and forth.

 

You prepare the joint return leaving his SSN blank. (both must sign the paper return)

Prepare your statement for him to be treated as a resident alien (both must sign)

He fills out the W-7 application for ITIN (he signs)

He provides the documents required for ITIN.(certified passport copy)

MAIL all of the above to:

Internal Revenue Service

Austin Service Center ITIN Operation

P.O. Box 149342

Austin, TX 78714-9342

They will process the ITIN and fill in the number assigned on your tax return, then process the return.

 

Also to file jointly, you would have to report his Japanese income, but probably qualify for the foreign earned income exclusion on Form 2555. 
 

Single is not an option if you were married during 2019 tax year. You have the option to file Married Filing Separately. That would not require an ITIN. There is a place for the non-filing spouse’s SSN (or ITIN) on your MFS return, but the IRS instructions say you can put NRA (for Nonresident Alien) instead. You can’t use NRA on a joint return. 
 

There are Acceptance Agents in Japan, but their fee to certify his passport for the ITIN application may wipe out any tax savings you might get with a joint return. List of places https://www.irs.gov/individuals/international-taxpayers/acceptance-agents-japan

 

The filing deadline for taxes has been extended to July 15, so you have an extra 3 months to pull off the extra steps to get his ITIN if you choose that route.