Questions about ITIN for filing

[patiherrera 0]

I'm posting a second question about filing taxes from abroad.

Is it necessary to file a W7 for the ITIN if I'm married filing seperately. We are in Colombia and I only need to file this year to have something to show that I'm up to date with my taxes. His income will not be included in the filing. We also have a joint sponsor for the affidavit of support. Will filing for the ITIN be necesssary?

Recently posted info-

I´m a US and Colombian dual citizen married to a Colombian national. I have been living in Colombia for 4 years and have worked here since 2008. We are filing our affidavit of support with a joint sponsor. I am currently filing my 2008 return to submit with the joint´s sposnors taxes. I have sent my Colombian income information to an accountant in the US and he claims I must state Single status on my 1040 because my husband doesn´t have a US social security number. Is this true? Will this cause problems with immigration, since we are married and are applying for a spousal visa?

Thanks for your time,

Patricia Herrera

[Darnell 8,479]

this is a stupid accountant.

get a notarized copy of the FOREIGN SPOUSE's passport bio page, include it with the W-7 form, fill out the tax forms, claim 'married filing jointly' then send it all to the special address at Austin, TX .

and then wait. IIRC, a tax transcript MIGHT be ready in 4 weeks or so.

Good Luck !

FWIW, if you are married filing seperately, then an ITIN is not required for the FOREIGN SPOUSE. IMO, it's stupid to NOT file 'married filing jointly'. But that's just my opinion. No, I'm not an accountant or lawyer, but I wind up teaching these two types of folk, over the 25 years I've been making monies

I hate teaching lawyers and accountants, as it's ALWAYS on my dime, not theirs...

[JustJ 0]

One word of caution: if you don't have a joint bank account, and you file a paper return jointly, any refund check will be made payable to BOTH of you, unless you put an account number on the return.

I filed a paper return and had one heck of a time getting my tax refund deposited. Believe it or not, I just got it in the bank last week!! Most banks want both parties there with ID. If your spouse can't enter the country because of a pending Petition, it's a problem.

[brnidokiegurl 0]

If your married your MARRIED, seems everyday this is having to be stated. As married you file either seperately or jointly. Seperately no number is needed, jointly number would be required and at a later time when he has his real number you can revise (seperate/jointly) the forms for that year.

[Darnell 8,479]

One word of caution: if you don't have a joint bank account, and you file a paper return jointly, any refund check will be made payable to BOTH of you, unless you put an account number on the return.

I filed a paper return and had one heck of a time getting my tax refund deposited. Believe it or not, I just got it in the bank last week!! Most banks want both parties there with ID. If your spouse can't enter the country because of a pending Petition, it's a problem.

YUP - it's a PITA Catch-22. Sending off the return with W-7 is ALWAYS a paper return - must go to the special ITIN address in Austin, TX. BUT - if you don't want a paper check sent back for the refund, you can specify the ABA and account number for electronic deposit.

Are you saying you had a problem with the electronic deposit? or problem depositing the US TREAS paper check?

[Peter&Jaime 1]

I'm posting a second question about filing taxes from abroad.

Is it necessary to file a W7 for the ITIN if I'm married filing seperately. We are in Colombia and I only need to file this year to have something to show that I'm up to date with my taxes. His income will not be included in the filing. We also have a joint sponsor for the affidavit of support. Will filing for the ITIN be necesssary?

Recently posted info-

I´m a US and Colombian dual citizen married to a Colombian national. I have been living in Colombia for 4 years and have worked here since 2008. We are filing our affidavit of support with a joint sponsor. I am currently filing my 2008 return to submit with the joint´s sposnors taxes. I have sent my Colombian income information to an accountant in the US and he claims I must state Single status on my 1040 because my husband doesn´t have a US social security number. Is this true? Will this cause problems with immigration, since we are married and are applying for a spousal visa?

Thanks for your time,

Patricia Herrera

I agree with Darnell this accountant is very stupid. The ITIN is specifically for non US citizens who have a taxpayer obligation. I went this route with my husband and obtained an ITIN and filled jointly. In my experience it was a nightmare but my accountant turned out to be stupid as well. The IRS doesn't make it easy for us!

Edited October 14, 2009 by Peter'n'Jaime

[JustJ 0]

Are you saying you had a problem with the electronic deposit? or problem depositing the US TREAS paper check?

It was the paper check. No bank would deposit it without foreign spouse being present with identification. And since he can't enter the country, that's impossible. I even wrote to the IRS and explained the situation, and the reply was that I should send the check to my spouse and have him endorse it so that it can be negotiated. Oh gee, ya think? They totally didn't get what I was trying to tell them. It had already been endorsed by spouse and nobody would deposit it!

We'd have been much better off if we'd have put an account number on the return for direct deposit.

[New Beginnings 32]

This isn't 100% correct from what I've been told. Even if filing Married filing separately you need to have the ITIN because they need to have the spouses SSN or ITIN on the return. You need it for both.

[imaisha 1]

This isn't 100% correct from what I've been told. Even if filing Married filing separately you need to have the ITIN because they need to have the spouses SSN or ITIN on the return. You need it for both.

No. I filed separately this year when my husband did not have an SSN or ITIN. I just left that blank. My federal return went through without a problem. My state sent me a letter saying ,"You left your spouse's SSN blank, please tell us what it is." I just wrote a letter back explaining the situation. Had my refund two weeks later. You cannot e-file without it, but you can definitely send in paper returns.