Tax Software for MFJ with non-resident alien spouse without ITIN

[KatiAndIan 1]

Hello!

 

My husband and I were married in September 2022 and have submitted our CR-1 application in November. It is unlikely I will get an SSN anytime soon - certainly not before April.

We wanted to try Married Filed Jointly for 2022 as I believe it benefits our visa process and yields greater returns. But it's a bit of a hassle to actually do it.

 

Does anyone know a tax filing software which takes the special case of filing a W-7 form for a non-resident alien spouse into account (aka preparing the document without entering an SSN/ITIN for the spouse)? My husband needs to file business and personal taxes and we would like to avoid a CPA and there are hundreds of services out there, perhaps someone in here has experience and can recommend one.

[Wuozopo 4,293]

W7s are not part of tax software. You won’t be efiling with an ITIN application.
 

You have to prepare the return with any tax software, leaving the SSN/ITIN space empty. Print it.

Prepare the W7

Provide the ID requirements for the W7. Passport usually.

Prepare a statement electing for the German spouse to be treated as a resident alien for tax purposes. Not part of tax software.

Maii it all on paper to an Austin, TX IRS address. Or go to an IRS Acceptance Agent who can certify a copy of the foreign passport and send it all off for you. The German spouse must be physically present at the Acceptance Agent. There are overseas Acceptance Agents.

Edited February 5, 2023 by Wuozopo

[Letspaintcookies 2,310]

With you being from Germany I would spare me the hassle just for visa evidence. MFS is good enough for that. 

[SteveInBostonI130 3,467]

2 choices:

 

1. Paper file as MFJ now with ITIN application.

 

2. File MFS electronically and then refile as MFJ later, after you get your SSN.

[top_secret 2,446]

3 hours ago, KatiAndIan said:

Does anyone know a tax filing software which takes the special case of filing a W-7 form for a non-resident alien spouse into account (aka preparing the document without entering an SSN/ITIN for the spouse)? My husband needs to file business and personal taxes and we would like to avoid a CPA and there are hundreds of services out there, perhaps someone in here has experience and can recommend one.

Using TurboTax specifically, you can input 999-88-9999 as the "social security number" of the non-resident alien spouse.  TurboTax will give an error message stating that it is an "expired ITIN".  However, you may then proceed normally and TurboTax will do all of it's TurboTax magic calculations and assumptions correctly based on the laws pertaining to a spouse with an ITIN so it will produce an accurate return for exactly that situation.

 

When the return is complete you still must print a paper return. There is no possible option to E-file with a W-7.  Erase or edit out the 999-88-9999 (it's purpose was only to force TurboTax to make correct calculations and assumptions), separately complete the W-7 which is not a particularly complicated form, write a simple letter listing all the points here https://www.irs.gov/individuals/international-taxpayers/nonresident-spouse .  Letter and return must signed by both spouses., W7 signed by alien spouse. And all filed by mail with an acceptable ID as listed in the W7 instructions or through an acceptance agent.

 

TurboTax will produce an accurate return.  The W-7 and letter are not at all difficult or time consuming to complete.  However the logistics of getting paper forms signed by both spouses when they may be half way around the world from each other and what the options may be for acceptable ID or access to a suitable acceptance agent may be very difficult for some couples or quite easy for other couples with different circumstances.  

 

Quote

Attach a statement, signed by both spouses, to your joint return for the first tax year for which the choice applies. It should contain the following information:

1. A declaration that on the last day of the tax year one spouse was neither a U.S. citizen nor a U.S. resident within the meaning of IRC section 7701(b)(1)(A) and the other spouse was, and that you choose to be treated as U.S. residents for the entire tax year.
2. The name, address, and identification number of each spouse. (If one spouse died, include the name and address of the person making the choice for the deceased spouse.)

 

[Wuozopo 4,293]

TurboTax will do all it’s magic and proper calculations if you leave the SSN field blank. Ignore prompts that you haven’t entered it. It will go through your return at the end finding things that might need attention like you haven’t entered the SSN. Fix everything but the SSN. Decline e-file prompts. Go to print section and there are several choices. “Print return for filing” will print what is submitted to IRS (plus some instructions like where to mail.). In the case of an ITIN application, you should use the Austin, TX address provided on the ITIN instructions on the IRS website rather than your local filing address provided by Turbo.Tax.

 

The above description is from using a desktop  version installed from a CD. I don’t know if online is different.

[pm5k 129]

On 2/4/2023 at 7:40 PM, SteveInBostonI130 said:

2 choices:

 

1. Paper file as MFJ now with ITIN application.

 

2. File MFS electronically and then refile as MFJ later, after you get your SSN.

For #2, do you mean amend as MFJ?

[Mike E 11,740]

7 hours ago, pm5k said:

For #2, do you mean amend as MFJ?

Yes 

[SteveInBostonI130 3,467]

10 hours ago, pm5k said:

For #2, do you mean amend as MFJ?

yes

[A&J22 30]

On 2/4/2023 at 8:40 PM, SteveInBostonI130 said:

2 choices:

 

1. Paper file as MFJ now with ITIN application.

 

2. File MFS electronically and then refile as MFJ later, after you get your SSN.

Can you even file as MFS electronically? I thought it must be mailed?

[Crazy Cat 41,980]

24 minutes ago, A&J22 said:

Can you even file as MFS electronically? I thought it must be mailed?

You can file separately with a Social Security Number or ITIN.

[A&J22 30]

3 minutes ago, Crazy Cat said:

You can file separately with a Social Security Number or ITIN.

I know that, but option #2 in the quoted comment implies the person doesn't have either.