Married on Dec 31, do we qualify for joint tax return?

[ToddnElvia 0]

 My fiance and I married on Dec 31, 2021, meeting the IRS's guidelines on married filing a joint return....but, my wife does not have an SSN yet or tax id, are we eligible to file as a married couple and if so what steps do we need to follow? Thanks

[aaron2020 11,651]

You can file a joint return.  You can not e-file.  You will need to send a paper tax return.  You will file an W-7 to get your wife an ITIN since she does not have a SSN.

[iwannaplay54 985]

Yep you’re good

 

My recollection is I just waited for wifey’s SS to come in (it was like August of the following year) and filed taxes then

 

Secret:  It doesnt matter how late you file taxes IF they owe you a refund

 

ITIN tangles things up.  She’s here, you’re already married, either file an extension if you’re uncomfortable being late OR just file late for 2021 tax year if they owe you a refund

[Chancy 6,241]

*** Moved from K1 Process & Procedures to Tax & Finances During US Immigration ***

 

[Crazy Cat 41,982]

27 minutes ago, ToddnElvia said:

 My fiance and I married on Dec 31, 2021, meeting the IRS's guidelines on married filing a joint return....but, my wife does not have an SSN yet or tax id, are we eligible to file as a married couple and if so what steps do we need to follow? Thanks

Options for you to file a joint return:

1.  Wait for the SSN

2.  Apply for an ITIN with your tax return.

 

[JeanneAdil 6,562]

new rule states that if she is eligible for ss # she cannot do ITIN

file the forms requesting USCIS to do the SS work and fill out tax forms leaving the SS # blank

include a copy of the EAD (I 765)  form where u marked the box for USCIS to do the SS work

then your returns are not held up 

 

No one should have both an ITIN and a SSN at the same time. For example, if a SSN application is pending, an ITIN will not be issued even if the individual completes and submits a Form W-7.

[Mike E 11,741]

13 minutes ago, iwannaplay54 said:

Secret:  It doesnt matter how late you file taxes IF they owe you a refund

If you want the refund you need to file within  3 years (give or take several days to account for when the tax filing deadline  falls on a weekend or holiday) of the original tax filing deadline . So for example to get your  refund from tax year  2018,  the latest you can file is April 18, 2022.  

[ToddnElvia 0]

thanks everyone for your help!

[iwannaplay54 985]

5 hours ago, Mike E said:

If you want the refund you need to file within  3 years (give or take several days to account for when the tax filing deadline  falls on a weekend or holiday) of the original tax filing deadline . So for example to get your  refund from tax year  2018,  the latest you can file is April 18, 2022.  

Yeah this is months not years of delay

[iwannaplay54 985]

5 hours ago, JeanneAdil said:

new rule states that if she is eligible for ss # she cannot do ITIN

file the forms requesting USCIS to do the SS work and fill out tax forms leaving the SS # blank

include a copy of the EAD (I 765)  form where u marked the box for USCIS to do the SS work

then your returns are not held up 

 

No one should have both an ITIN and a SSN at the same time. For example, if a SSN application is pending, an ITIN will not be issued even if the individual completes and submits a Form W-7.

There’s that too 

Options are MFS, HOH if eligible (both require a 1040X later) or wait for the SS number

Edited January 8, 2022 by iwannaplay54

[Mike E 11,741]

2 minutes ago, iwannaplay54 said:

Yeah this is months not years of delay

To get an SSN? That’s optimistic

 

 

[iwannaplay54 985]

2 minutes ago, Mike E said:

To get an SSN? That’s optimistic

 

 

OP has other options

 

[JeanneAdil 6,562]

OP 

original question

yes,  you can claim your spouse as u married in 2021

 

The IRS has announced that instead of the traditional April 15 deadline, taxpayers will have until April 18, 2022, to file and pay their due income taxes, or to request an automatic 6-month extension. use form 4868 / form 2350 extends the foreign income of new expatrates for the foreign income exclusion

 

I suggest if this is confusing,  it is worth it go to good accountant and have them file your taxes

not just a tax preparer as many do not understand the complications of foreign spouses and foreign income exclusion 

[Mike E 11,741]

14 hours ago, iwannaplay54 said:

OP has other options

 

Yeah to file a paper tax return.  
 

As of August 31 2021, the IRS had a backlog of   17 million 2019 tax returns and 35 million 2020 returns.  As of December 2021 the IRAs claims there are in total under 10 million tax returns in the backlog.  
 

I’m gonna go out on a limb and suggest that most joint paper tax returns that list “SSN applied for” are in the current backlog.

 

I admire your optimism 

 

 

[Crazy Cat 41,982]

2 minutes ago, Mike E said:

I’m gonna go out on a limb and suggest that most joint paper tax returns that list “SSN applied for” are in the current backlog.

How does that "SSN applied for" work?  I have not seen that in any IRS reg.  Will the IRS process such a return as a joint filing?  

Edited January 9, 2022 by Crazy Cat