Is getting an Individual Taxpayer Identification Number for a foreign spouse necessary?

[ADMIRE 3]

Hello everyone. Thought I'ld throw this question in to you guys already living in the USA.

My husband, who is a LPR says for his tax purposes he files as single since i am not physically present in the States with him. I just want to ask if that's what the rest of you are doing. If that isn't how you are filing, what do u think? When I brought this up, he researched and came up with the idea of me getting an Individual Taxpayers Identification Number (ITIN).

Please reply me with as much info as you can. Thanks in advance.

[redglasses 1]

I don't think he can file a tax return as a single because you are married.

He can file it as either married separately or married jointly.

If he chooses to file jointly, he needs to get your ITIN.

[aaron2020 11,651]

I don't think he can file a tax return as a single because you are married.

He can file it as either married separately or married jointly.

If he chooses to file jointly, he needs to get your ITIN.

I agree. He cannot file as single. He either files married separately or married jointly with you having to get a ITIN.

[ADMIRE 3]

I don't think he can file a tax return as a single because you are married.

He can file it as either married separately or married jointly.

If he chooses to file jointly, he needs to get your ITIN.

I agree. He cannot file as single. He either files married separately or married jointly with you having to get a ITIN.

Thanks guys for the quick and informed responses. is there any particular advantage to filing as married jointly or separately? and finally how do we "right" the ones he had filed in the past 4years now?

Am hanging on your replies guys. Pls do.

Cheers.

[aaron2020 11,651]

I don't think he can file a tax return as a single because you are married.

He can file it as either married separately or married jointly.

If he chooses to file jointly, he needs to get your ITIN.

I agree. He cannot file as single. He either files married separately or married jointly with you having to get a ITIN.

Thanks guys for the quick and informed responses. is there any particular advantage to filing as married jointly or separately? and finally how do we "right" the ones he had filed in the past 4years now?

Am hanging on your replies guys. Pls do.

Cheers.

He would probably pay less tax as married filing jointly. However, any income that you would have could be taxed as well. You would most likely get a foreign tax credit for any taxes you would pay in your home country on your joint US tax return. You could calculate your taxes both ways to see which is more advantageous.

[ADMIRE 3]

I don't think he can file a tax return as a single because you are married.

He can file it as either married separately or married jointly.

If he chooses to file jointly, he needs to get your ITIN.

I agree. He cannot file as single. He either files married separately or married jointly with you having to get a ITIN.

Thanks guys for the quick and informed responses. is there any particular advantage to filing as married jointly or separately? and finally how do we "right" the ones he had filed in the past 4years now?

Am hanging on your replies guys. Pls do.

Cheers.

He would probably pay less tax as married filing jointly. However, any income that you would have could be taxed as well. You would most likely get a foreign tax credit for any taxes you would pay in your home country on your joint US tax return. You could calculate your taxes both ways to see which is more advantageous.

Thx again. I hope I am not going to confuse myself the more .At present, I am not working.So if we do married filing jointly,I have no income taxable.My husband said, ''he read somewhere'' that if your spouse is outside US and you are living alone in US as married,you can elect to claim single in your tax return. This is really misleading as we ve obviously married.You can direct me to any link that u think had addressed this issue better.

Thanking you again.

[payxibka 10,045]

I don't think he can file a tax return as a single because you are married.

He can file it as either married separately or married jointly.

If he chooses to file jointly, he needs to get your ITIN.

I agree. He cannot file as single. He either files married separately or married jointly with you having to get a ITIN.

Thanks guys for the quick and informed responses. is there any particular advantage to filing as married jointly or separately? and finally how do we "right" the ones he had filed in the past 4years now?

Am hanging on your replies guys. Pls do.

Cheers.

He would probably pay less tax as married filing jointly. However, any income that you would have could be taxed as well. You would most likely get a foreign tax credit for any taxes you would pay in your home country on your joint US tax return. You could calculate your taxes both ways to see which is more advantageous.

Thx again. I hope I am not going to confuse myself the more .At present, I am not working.So if we do married filing jointly,I have no income taxable.My husband said, ''he read somewhere'' that if your spouse is outside US and you are living alone in US as married,you can elect to claim single in your tax return. This is really misleading as we ve obviously married.You can direct me to any link that u think had addressed this issue better.

Thanking you again.

What you or husband needs to is go to the IRS website and find Publication 17 to begin with...

[lucyrich 20]

Just to reinforce what's already been said, a legally married taxpayer cannot file as single, regardless of where the spouse lives.

For case law, see

http://www.altlaw.org/v1/cases/541600

There were some other issues, but this case involves a couple who had been married, but started living separately, and had some legal arrangement that might have even been considered a legal separation. The IRS said that, because they were legally married, they had to file as married and could not choose to file as single. The court upheld that decision.

When a taxpayer signs a return saying he's a single person, he's swearing to the US Government under penalty of perjury that he is not married. That statement may make it difficult to try and convince a different branch of the US Government that this allegedly single person is in a bona fide marriage for the purpose of obtaining a visa.